The office of sheriff in Texas was created by the 1836 Texas Constitution. There are 254 counties in Texas and each county has a sheriff. In 1836, the adaptation of a constitution for the newly created Republic of Texas formally required these positions and read in part:
There shall be appointed for each county, a convenient number of Justices of the Peace, one sheriff, and one coroner, who shall hold their offices for two years, to be elected by qualified voters of the district or county, as Congress may direct. Justices of the Peace and sheriffs shall be commissioned by the President [of the Republic].
By statutes, the sheriff is a Texas Peace Officer, a conservator of the peace, enforces the criminal laws of the state, and is responsible for the county jail, bail bonds, civil process, and security of the courts. In some small counties the sheriff is also the tax collector. The office of sheriff is one of the oldest offices known to our system of jurisprudence. Sheriffs were initially elected to two-year terms, and as of 1956, began serving four-year terms. The size of Texas sheriff’s offices is as diverse as the population of their counties.
Hays County was created on March 1, 1848 from the southern part of Travis County. It is named for legendary Texas Ranger Captain John “Jack” Coffee Hays. Captain Hays was known for his battles with the Mexican Army and his victories over the Comanche Indians, who called him “Bravo Too Much.” Hays County was organized on August 7, 1848, with San Marcos as the county seat. The first sheriff took office on this date.
Since the sheriff was the sole face of the law in the county, the Commissioners Court provided assistance in the form of groups of citizens known as patrollers. Normally, these adjunct bodies consisted of a captain and six privates who were appointed for one three-month term. Therefore the sheriff and the constable were normally the sole forms of law enforcement in the county. The sheriff was responsible enforcing the laws, and normally protecting the city (namely San Marcos), and maintaining the jail. The constable was responsible for rounding up fugitives and bringing them before the courts. As the county grew, the sheriff was allotted full time paid assistants, or deputies. From the 1890s until the 1960s, there were normally two or three full time deputies and one or two part-time deputies.
The duties of the deputies were to enforce the laws, maintain the peace, and maintain the jail. The sheriff and his family normally lived in an attached apartment to the jail. On occasions, when the sheriff’s family was too large for the apartment or grew too large, a deputy would move into the apartment to maintain watch of the inmates. The sheriff and his deputies maintained law and order throughout the county and in its cities, as San Marcos, Kyle, and Buda did not establish full time law enforcement agencies until after the 1950s.
John Coffee “Jack” Hays (January 28, 1817 – April 21, 1883). John Coffee (Jack) Hays, Texas Ranger extraordinary and Mexican War officer, son of Harmon and Elizabeth (Cage) Hays, was born at Little Cedar Lick, Wilson County, Tennessee, on January 28, 1817. His father, of Scots-Irish descent, fought with Andrew Jackson and Sam Houston in the War of 1812. Hays became the prototypical Texas Ranger officer, and he and his cohorts—John S. (Rip) Ford, Ben McCulloch, and Samuel H. Walker established the ranger tradition. Hays joined the Texas Rangers in the formative years of their role as citizen soldiers. His rangers gained a reputation as mounted troops with revolvers and individually styled uniforms, who marched and fought with a noticeable lack of military discipline. This rough-and-ready image of an irregular force left its imprint on the chronicles of ranger history.
In the thirteen years that he lived in Texas, Hays mixed a military career with surveying. At an early age he left home, surveyed lands in Mississippi, attended Davidson Academy at Nashville, and decided to cast his lot with the rebels in the Texas Revolution. In 1836 he traveled to New Orleans and entered Texas at Nacogdoches in time to join the troops under Thomas J. Rusk and bury the remains of victims of the Goliad Massacre. Houston advised Hays to join a company of rangers under Erastus (Deaf) Smith for service from San Antonio to the Rio Grande, under the orders of Col. Henry W. Karnes. In this role Hays took part in an engagement with Mexican cavalry near Laredo, assisted in the capture of Juan Sánchez, and rose to the rank of sergeant. After appointment as deputy surveyor of the Bexar District, Hays combined soldiering and surveying for several years. The more he learned about Indian methods of warfare, the better he protected surveying parties against Indian attacks.
In the three-way struggle of Anglo colonists, Hispanic settlers, and Indians, Hays proved to be an able leader and fearless fighter (called "Devil Yack"), who gained the respect of the rank and file of the Texas Rangers. Yet his stature-five feet nine inches-his fair complexion, and his mild manners did not match the looks and actions of the legendary ranger in later popular culture. From 1840 through 1846 Hays, at first a captain, then a major, and his ranger companies, sometimes with Mexican volunteers and such Indian allies as Lipan chief Flacco, engaged the Comanches and Mexican troops in small skirmishes and major battles. Important military actions took place at Plum Creek, Cañón de Ugalde, Salado (against Mexican soldiers under Adrián Woll), and Walker's Creek. In these battles Hays and his rangers were usually outnumbered, and their effective use of revolvers revolutionized warfare against Texas Indians.
The Texas Rangers gained a national reputation in the Mexican War. Into Mexico rode Hays's rangers. Out of Mexico came a mounted irregular body of rangers celebrated in song and story throughout the United States. This transformation in fact and fiction started with the formation of the First Regiment, Texas Mounted Riflemen, under Colonel Hays. Serving with the army of Gen. Zachary Taylor, the rangers marched, scouted, and took part in the attack on Monterrey in 1846. The next year Hays formed another regiment that participated in keeping communication and supply lines open between Veracruz and Mexico City for the troops under the command of Gen. Winfield Scott. In doing so, Hays's rangers fought Mexican guerrillas near Veracruz and at such places as Teotihuacán and Sequalteplán. Controversy between the rangers and the Mexican people still lingers, for they robbed and killed each other off the battlefields.
In the years that followed the Mexican War, Hays pioneered trails through the Southwest to California and became a prominent citizen of that state. In 1848 he tried unsuccessfully to find a route between San Antonio and El Paso, and the following year he received an appointment from the federal government as Indian agent for the Gila River country. In addition, he was elected sheriff of San Francisco County in 1850, appointed United States surveyor general for California in 1853, became one of the founders of the city of Oakland, and ran successful enterprises in real estate and ranching. Though he was neutral during the Civil War, he was prominent in Democratic politics in California; he was a delegate to the Democratic national convention in 1876. He married Susan Calvert in 1847, and they had three daughters and three sons. Hays died on April 21, 1883, and is buried in California. Hays County, Texas, is named in his honor.
BIBLIOGRAPHY: Roger N. Conger et al., Rangers of Texas (Waco: Texian Press, 1969). James K. Greer, Colonel Jack Hayes: Texas Frontier Leader and California Builder (New York: Dutton, 1952; rev. ed., Waco: Morrison, 1974). Walter Prescott Webb, The Texas Rangers (Boston: Houghton Mifflin, 1935; rpt., Austin: University of Texas Press, 1982). Frederick Wilkins, The Highly Irregular Irregulars: Texas Rangers in the Mexican War (Austin: Eakin Press, 1990).
Harold J. Weiss, Jr.
John "Jack" C. Hays statue on the square in San Marcos, Texas