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  <eadid countrycode="us" mainagencycode="TxHR"
	encodinganalog="852">urn:taro:rice.wrc.00203</eadid> 
  <filedesc> 
	 <titlestmt> 
		<titleproper>Guide to the Judge Peter W. Gray papers,
		  1833-1870</titleproper> 
	 </titlestmt> 
	 <publicationstmt> 
		<publisher>Woodson Research Center</publisher> 
		<date era="ce" calendar="gregorian">2005</date> 
	 </publicationstmt> 
  </filedesc> 
  <profiledesc> 
	 <creation>Guide written by WRC intern Tyler Kruse, EAD tagging provided by
		Amanda York Focke, 
		<date era="ce" calendar="gregorian">June 2005.</date> </creation> 
	 <langusage>Finding aid written in <language>English</language>.</langusage>
	 
  </profiledesc> 
  <revisiondesc> 
	 <change> 
		<date>06072005</date> 
		<item>Edited with XMetal 3 by Amanda York Focke, according to
		  instructions in 
		  <title>TARO 2 EAD 2002 Editing Instructions</title>. </item> 
	 </change> 
  </revisiondesc> 
</eadheader> 
<frontmatter> 
  <titlepage> 
	 <titleproper render="italic">Guide to the Judge Peter W. Gray papers, 
		<date type="span" era="ce" calendar="gregorian">1833-1870</date>
		</titleproper> 
	 <publisher>Woodson Research Center</publisher> 
	 <date era="ce" calendar="gregorian">2005</date> 
  </titlepage> 
</frontmatter> 
<archdesc level="collection" type="inventory"> 
  <did id="a1"> 
	 <head>Descriptive Summary</head> 
	 <origination label="Creator"> 
		<persname encodinganalog="700" source="lcnaf">Gray, Peter W., 1819-1874
		  </persname></origination> 
	 <unittitle label="Title" encodinganalog="245$a">Judge Peter W. Gray
		papers</unittitle> 
	 <unitdate type="inclusive" era="ce"
	  calendar="gregorian">1833-1870</unitdate> 
	 <unitid countrycode="us" repositorycode="TxHR" encodinganalog="099"
	  label="ID">MS 417</unitid> 
	 <physdesc label="Extent" encodinganalog="300$a">0.25 lin. ft. (1
		box)</physdesc> 
	 <repository label="Repository:" encodinganalog="852$a"> 
		<corpname>Woodson Research Center, Fondren Library, Rice University,
		  Houston, TX </corpname> </repository> 
	 <abstract label="Abstract:" encodinganalog="520$a">The Judge Peter W. Gray
		papers include extensive handwritten documents on several of Gray’s early Texas
		district court cases, lectures, speeches, and official documents concerning the
		creation and organization of the Texas Historical Society. Court cases relate
		to murder, slavery, counterfeiting, the legal nature of circumstantial evidence
		and self defense; the notes related to these cases are generally Judge Gray’s
		direction to juries. The speeches include a speech given by Gray at the
		Democratic Convention in Austin in 1852 for the nomination of Sam Houston for
		the presidency. </abstract> <langmaterial label="Language"> Materials are in
	 <language langcode="eng">English.</language> </langmaterial> 
  </did> 
  <bioghist> 
	 <head>Biographical Note</head><p>Peter W. Gray was born in Fredericksburg,
		Virginia in 1819 and moved to Texas in 1838. Gray worked in his father’s law
		office in Houston, Texas before he became a captain in the Army of the Republic
		of Texas. In 1841, Gray was appointed District Attorney of the Houston district
		by Sam Houston. He ran for city secretary in 1840 but was elected alderman in
		1841 and became a member of the board of health. In 1846, Gray was elected to
		the first Texas States Legislature where he authored the Practice Act which is
		the first piece of legislation regulating the court system of the State of
		Texas. In 1848, Gray founded the Houston Lyceum which eventually became the
		Houston Public Library. Henderson Yoakum’s 
	 <title render="italic">History of Texas</title> was published with the
	 financial support of Gray. After being elected to the State Legislature in
	 1854, Gray served as judge of the Houston district. Gray was a states rights
	 Democrat and fully supported succession. He also served as a delegate to the
	 states Succession Convention. During the Confederacy, Gray served as a
	 representative of the Houston District in the Congress of the Confederacy.
	 After serving in many important positions in the Confederacy, peace brought
	 Gray back to Houston where he practiced law privately and built his firm into
	 one of the largest in the nation. In 1874, Gray was appointed associate justice
	 of the Texas Supreme Court and served there until he became fatally ill with
	 tuberculosis. Gray died later that year. </p> 
  </bioghist> 
  <scopecontent encodinganalog="520" id="a3"> 
	 <head>Scope and Contents</head> 
	 <p>The Judge Peter W. Gray papers include extensive handwritten documents
		on several of Gray’s early Texas district court cases, lectures, speeches, and
		official documents concerning the creation and organization of the Texas
		Historical Society. Court cases relate to murder, slavery, counterfeiting, the
		legal nature of circumstantial evidence and self defense; the notes related to
		these cases are generally Judge Gray’s direction to juries. The speeches
		include a speech given by Gray at the Democratic Convention in Austin in 1852
		for the nomination of Sam Houston for the presidency. </p> 
  </scopecontent> 
  <arrangement>
	 <head>Arrangement</head><p>This material has been arranged in the following
		series:</p>
	 <list>
		<item>Series I: Legal notes, ca. 1833-1855</item>
		<item>Series II: Lectures, speeches, and family document, 1852-1859
		  </item>
		<item>Series III: Texas Historical Society documents, 1870</item>
	 </list>
  </arrangement>
  <prefercite encodinganalog="524" id="a18"> 
	 <head>Preferred Citation</head> 
	 <p>Judge Peter W. Gray papers, 1838-1870, MS 417, Woodson Research Center,
		Fondren Library, Rice University. </p> 
  </prefercite> 
  <acqinfo encodinganalog="541" id="a19"> 
	 <head>Acquisition Information</head> 
	 <p>This material was donated by J. Sears McGee, 1991.</p> 
  </acqinfo> 
  <userestrict encodinganalog="540" id="a15"> 
	 <head>Use Restrictions</head> 
	 <p>Permission to publish materials from this material must be obtained from
		the Woodson Research Center, Fondren Library, Rice University.</p> 
  </userestrict> 
  <accessrestrict> 
	 <head>Access Restriction</head><p>This material is open for research.</p> 
  </accessrestrict> 
  <controlaccess encodinganalog="600"> 
	 <head>Index Terms</head> 
	 <controlaccess> 
		<head>Subjects (Persons)</head> 
		<persname encodinganalog="600">Gray, Peter W., 1819-1874 </persname> 
		<persname encodinganalog="700" source="lcnaf">Houston, Sam, 1793-1863
		  </persname> 
	 </controlaccess> 
	 <controlaccess> 
		<head>Subjects (Organizations)</head> 
		<corpname encodinganalog="710" source="lcnaf">Texas Historical Society
		  </corpname> 
	 </controlaccess> 
	 <controlaccess> 
		<head>Subjects</head> 
		<subject encodinganalog="650" source="lcsh">Judges - Texas. </subject> 
		<subject encodinganalog="650" source="lcsh">Slavery - Texas</subject>
		<subject encodinganalog="650" source="lcsh">Courts - Texas </subject>
		<subject encodinganalog="650" source="lcsh">Law - Texas </subject>
		<subject encodinganalog="650" source="lcsh">Trials (Homicide) - Texas
		  </subject>
		<subject encodinganalog="650" source="lcsh">Murder - Texas </subject>
		<subject encodinganalog="650" source="lcsh">Public prosecutors - Texas
		  </subject>
	 </controlaccess> 
  </controlaccess> 
  <dsc type="combined"> 
	 <head>Detailed Description of the Collection</head> 
	 <c01 id="ser1" level="series"> 
		<did> 
		  <unittitle>Series I: Legal notes, ca. 1833-1855</unittitle> 
		</did> 
		<c02> 
		  <did> <container type="folder">1</container>
			 <unittitle>State vs. Williams et al, 1841</unittitle> 
		  </did> 
		  <note><p>The defendants of this case are accused of counterfeiting
				money. Gray is going through the three charges that the jury must consider
				concerning the defendants and giving them the lecture on how the evidence must
				prove beyond any reasonable doubt that the defendants are guilty before they
				give their ruling. </p>
		  </note>
		</c02> 
		<c02> 
		  <did> <container type="folder">1</container>
			 <unittitle>State vs. R and D.E. Mills</unittitle> 
		  </did> 
		  <note><p>The defendants of this case are the owners of a bank in
				Galveston that is being accused of printing currency illegally. Gray states
				that the defendants were clearly associated together in business and were
				forging checks and making illegal withdrawals from the bank. Also the
				defendants are accused of giving preferential treatment to some customers,
				namely altering their actual credit in a favorable manner. </p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">1</container>
			 <unittitle>State vs. James H. Mitchell</unittitle> 
		  </did> 
		  <note><p>James Mitchell is standing trial for the murder of Francis
				Sadler. Gray briefly discusses the definition of circumstantial evidence and
				why it is not admitted into the court as proof positive of any wrongdoing. The
				defendant was acquitted. </p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">1</container>
			 <unittitle>State vs. John W. Hall, 1855</unittitle> 
		  </did> 
		  <note><p>The defendant is being indicted for the murder of George A.
				Longtaft in Liberty County. The defense is trying to for manslaughter because
				they claim that Hall was under the influence of liquor at the time and did not
				have control over his actions. </p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">2</container>
			 <unittitle>State vs. William Garrett, 1855</unittitle> 
		  </did> 
		  <note><p>William Garrett is accused of murdering Matthew Newman and the
				prosecution is seeking manslaughter. William Garrett is however acquitted
				because the jury found the killing to be justifiable or excusable under the
				circumstances. </p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">2</container>
			 <unittitle>State vs. Nathan a slave, October 13th, 1833</unittitle> 
		  </did> 
		  <note><p>The judge begins “the prisoner though a slave is entitled to a
				fair and impartial trial as if he were a white citizen”. The slave is accused
				of killing George Thomason. The jury was to not only assess whether the slave
				was guilty of murder with malice, but also whether his owner helped him to
				evade arrest to avoid possibly losing his property. The jury convicted the
				slave of first degree murder. </p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">2</container>
			 <unittitle>State vs. John Baker, April 18th, 1839</unittitle> 
		  </did> 
		  <note><p>John Baker has been indicted for the murder of Benjamin
				Stuckley in Grimes County. The judge gives a brief overview of the definition
				of self defense and why the defendant’s initial admission is immaterial to the
				trial. The verdict is not guilty.</p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">2</container>
			 <unittitle>State vs. M. M. Leach, November 3rd, 1839</unittitle> 
		  </did> 
		  <note><p>Leach has been indicted on charges that he murdered Isaac Cox.
				The judge gives a brief overview of what constitutes manslaughter and
				self-defense respectively. The verdict given by Judge Gray “Murder under Code
				Manslaughter-Self Defense”.</p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">2</container>
			 <unittitle>State vs. Liccinda</unittitle> 
		  </did> 
		  <note><p>The indicted stands accused of having killed a girl that is
				missing, named Susan. Judge Gray discussed with the jury that no charges can be
				fully assessed without knowledge of the child’s condition and location. The
				Judge gives no verdict. </p>
		  </note>
		</c02>
		<c02> 
		  <did> <container type="folder">2</container>
			 <unittitle>State vs. Sloan, June 16th, 1838</unittitle> 
		  </did> 
		  <note><p>It seems that Sloan has been accused of stealing Spanish
				cigars from a general store. The Judge’s verdict seems to say that there are
				not enough facts for a fair trial and sentencing.</p>
		  </note>
		</c02>
	 </c01> 
	 <c01 id="ser2" level="series"> 
		<did> 
		  <unittitle>Series II: Lectures, speeches, and family document,
			 1852-1859 </unittitle> 
		</did> 
		<c02> 
		  <did><container type="folder">3</container> 
			 <unittitle>“Copy of the Will of Grandma Stone”</unittitle> 
		  </did> 
		  <note><p>The Will of Milly Stone, Judge Peter W. Gray’s grandmother.
				Gray apparently wrote the official document for her and signed it at the end.
				The actual document is fairly standard, Mrs. Stone left the majority of her
				belongings to her daughters and granddaughters. </p>
		  </note>
		</c02> 
		<c02> 
		  <did><container type="folder">3</container> 
			 <unittitle>Peter W. Gray’s speech to the Democratic Convention, at
				Austin, January 8, 1852 </unittitle> 
		  </did> 
		  <note><p>Gray reviews Sam Houston’s political life from his political
				service at the municipal level in Tennessee to his fight for “freedom from
				political oppression” in Texas. The brief biography contains letters from
				political mentors such as Andrew Jackson himself. Also Gray includes a letter
				of Houston’s to one of his political adversaries whom he appointed to a high
				position in the government of Texas. The speech ends with Gray’s nomination of
				Sam Houston as the Democratic Party’s presidential candidate. The speech was
				given to the state Democratic Convention not at the national democratic
				convention. </p>
		  </note>
		</c02> 
		<c02> 
		  <did><container type="folder">3</container> 
			 <unittitle>Address to Citizens of Houston by Peter Gray on the
				African Slave Trade, May 30, 1859 </unittitle> 
		  </did> 
		  <note><p>Initially Gray demonstrates his opinion on whether or not
				Judges should involve themselves in political issues. He patently denounces
				those who deny judges the right of citizenship based on their public service.
				Gray states that he along with all other judges are able to separate their
				political tendencies from their impartial stances in court. Gray then gives a
				lengthy article by article description and history of states rights and the
				constitution. Gray also briefly discusses the Articles of Confederation and the
				various reasons for that governments collapse. The purpose of Gray’s discussion
				is to reaffirm the state’s pro-slavery stance in the upcoming election, while
				vehemently denying that the issue is a political question, offering rather that
				it is a fundamentally moral issue free from political bias. The rhetoric
				employed by Gray is a common argument made throughout the southern states,
				arguing that the dissension between Southern Democrats and Northern Democrats,
				Republicans, and Free Soilers is based not on slavery but the issue of the
				states’ right to choose. Gray is awkwardly poised as a Pro-Slavery Democrat
				opposed to the continuation of the slave trade. He explains his position by
				arguing that by allowing the slave treaded to continue slave owners would
				appear to Northerners as insecure about the justice of slavery. By continuing
				the slave trade, says Gray, slave owners would be destroying the credibility of
				the institution on a national level furthering the national opinion against the
				continuance of slavery. Gray’s pro-slavery anti-slave trade stance was a common
				platform for many Southern Democrats of the time. Often these Democrats would
				try to steer political rhetoric away from the hotly contested issue of slavery
				and towards states rights and popular sovereignty. </p>
		  </note>
		</c02> 
		<c02>
		  <did><container type="folder">3</container>
			 <unittitle>“There is no Liberty without Law” Lecture given by Peter
				Gray before the Houston Lyceum February 28th, 1853 </unittitle>
		  </did>
		  <note><p>Peter Gray gives an intelligent discussion of the strengths of
				the United States’ government. He begins by informing the reader of the many
				subtle differences between liberty and freedom and the way each word was used
				in antiquity; namely in the republics of Greece and Rome. Then Gray begins to
				dissect our government by branch beginning with the Executive branch and
				discussing similar organs in other governments. Throughout his discussion of
				both the Executive branch and the Legislative branch, Gray marginalizes their
				combined importance in protecting the right of the average citizen from
				tyranny. Gray suggests that the revolutionary aspect of the United States’
				government is the individuals right to hold the government accountable for
				damages and infringements on the charter of the government: the Constitution.
				Gray then proceeds with a lengthy discussion of the Judiciary and its supreme
				importance to our government and individual liberty and freedom in the United
				States. Gray cites interesting examples from Britain and France such as
				Richelieu, Napoleon the Great, Napoleon III, The Directory, The Reign of
				Terror, Oliver Cromwell, and several British common law cases that embody the
				difference between the British limited monarchy and the American democracy. The
				essay is 49 pages long in script from the period. The actual document is in
				pristine condition and represents the writings of the educated southern gentry
				in the antebellum period in United States history. </p>
		  </note>
		</c02>
		<c02>
		  <did><container type="folder">3</container>
			 <unittitle>“There is no Liberty without Law” Lecture given by Peter
				Gray before the Houston Lyceum February 28th, 1853 -- abbreviated version
				</unittitle>
		  </did>
		  <note><p>This document is an abbreviated version of the “There is no
				Liberty without Law” lecture. This document is also handwritten. The subject
				discussed in the lecture does not include the broad range of subject reached in
				the previous lecture. This lecture seems to pertain mainly to the definition of
				social liberty and its relation to the United States government. </p>
		  </note>
		</c02>
	 </c01>
	 <c01 id="ser3" level="series">
		<did>
		  <unittitle>Series III: Texas Historical Society documents,
			 1870</unittitle>
		</did>
		<c02>
		  <did><container type="folder">4</container>
			 <unittitle> Texas State Historical Society transcript of meeting, May
				21st, 1870</unittitle>
		  </did>
		  <note><p>The document mentions several persons involves with the
				proceedings and the names of the organizational officers present. The back of
				the documents features lists of names that seem to represent different
				committees of the Historical Society.</p>
		  </note>
		</c02>
		<c02>
		  <did><container type="folder">4</container>
			 <unittitle>Minutes of the Second Meeting of the Texas State
				Historical Society May 23rd, 1870 </unittitle>
		  </did>
		  <note><p>The document contains a list of the people that attended the
				meeting and a general overview of the proceedings.</p>
		  </note>
		</c02>
		<c02>
		  <did><container type="folder">4</container>
			 <unittitle>Constitution or Articles of Organization of the Texas
				Historical Society May 23rd, 1870 </unittitle>
		  </did>
		  <note><p>The document is an original draft of the official constitution
				of the Texas Historical Society. The constitution contains directions for
				organization and protocol for various situations. It also includes procedure
				for the appointment of officers and official within the society. </p>
		  </note>
		</c02>
	 </c01></dsc> 
</archdesc></ead>
