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A  HISTORY  OF  TEXAS 

Volume  One 


72 A  I  I  I  132 


STEPHEN    FULLER  AUSTIN 

The  Father  of  Texas 


A 
HISTORY  OF  TEXAS 

FROM  WILDERNESS  TO 
COMMONWEALTH 


BY 

LOUIS  J.  WORTHAM,  LL.  D. 


IN  FIVE  VOLUMES 

VOLUME  ONE 


1924 
WORTHAM-MOLYNEAUX  COMPANY 

FORT  WORTH,  TBXAS 


Copyright,  1924 >  by 

WORTHAM-MOLYNEAUX  Co. 


Printed  in  the  United  States  of  America 


Printing   and   Binding   by  t. 

The  World  Company,  Inc. 

Fort   Worth,   Texas 


Electrotyping   by 

Sam  Ross  McElreath 

Fort  Worth,  Texas 


TO  MY  BELOVED  WIFE 

FRU  BECTON  WORT  HAM, 

whose  faith  and  encouragement  kept  alive  an  ambition, 

born  years  ago  when,  as  a  government  servant,  I 

cam  fed  under  the  stars  along  the  Rio  Grande, 

this  work,  in  some  measure  a  realization 

of  that  ambition,  is,  in  grateful 

remembrance, 

DEDICATED. 


V 

T 

976.  k 
W932 


n  A  mm 


Wort ham,  Louis  J. 
History  Of  xexas  Vol  1 


Roiemb  suae 


HOUSTON  PUBLIC  LIBRARY 


PREFACE 

I  have  tried  in  this  work  to  tell  the  story  of  the 
conversion  of  Texas  from  a  wilderness  into  a  common- 
wealth in  such  a  manner  as  to  insure  that  it  would  be 
read  with  enjoyment  and  at  the  same  time  impart  to 
the  reader  a  comprehensive  knowledge  of  the  history 
of  my  native  state. 

To  what  degree  I  have  succeeded  in  this,  the  reader 
must  judge.  I  think  I  may  say,  with  due  modesty, 
that  I  have  not  altogether  failed.  In  any  event  I  have 
done  my  best  and  have  no  excuse  to  offer  if  I  have 
not  achieved  completely  the  ideal  I  set  before  myself. 
I  have  been  more  concerned  with  presenting  a  readable 
narrative  for  the  general  reader  than  with  making  a 
"contribution"  to  historical  literature.  The  work, 
therefore,  makes  no  pretension  to  profound  scholarship, 
and  I  have  sought  studiously  to  avoid  giving  even  the 
suggestion  of  such  pretension.  However,  I  do  not  mean 
to  say  by  this  that  it  does  not  represent  careful  and 
thorough  research.  I  think  the  general  lines  of  the 
story,  as  it  is  unfolded  in  these  pages,  are  those  which 
the  ripest  scholarship  must  approve. 

In  order  to  avoid  elaborate  footnotes,  references  and 
other  devices,  which  the  average  man  seldom  reads,  I 
have  said  all  I  had  to  say  in  the  running  narrative  of 
the  text.  I  anticipate  no  criticism  from  the  general 
reader  on  this  score  and,  as  the  method  was  deliberately 
chosen,  I  am  prepared  to  accept  whatever  consequent 

VII 


viii  PREFACE 


criticism  of  an  academic  character  may  come  from 
other  sources.  Where  I  have  embodied  documents  in 
the  text,  it  will  be  found  they  are  such  as  possess  "his- 
toric news  value/'  if  I  may  be  permitted  to  coin  a 
phrase.  I  mean  by  this  that  they  are  the  kind  of  docu- 
ments which  would  be  printed  in  the  newspapers  if 
they  related  to  contemporary  events.  For  either  they 
are  official  papers — whether  decrees,  resolutions  or  what 
not — that  serve  to  "further  the  story,"  or  they  are  the 
narratives  of  eyewitnesses  of  important  events  calculated 
to  carry  greater  conviction  to  the  reader  than  any 
imaginative  description  could  possibly  give. 

I  make  no  apology  for  devoting  practically  the  whole 
of  three  volumes  to  the  sixteen  years  between  Moses 
Austin's  journey  to  Texas  in  1820  and  the  founding 
of  the  republic  in  1836,  while  disposing  of  the  events 
of  the  three  centuries  preceding  that  period  in  four 
chapters.  This  seeming  disproportion  is  justified,  for 
it  is  the  disproportion  of  history  itself.  The  events 
between  1820  and  1836  fixed  forever  the  destiny  of 
Texas,  whereas,  in  spite  of  three  hundred  years  of 
Spanish  dominion  prior  to  1820,  the  country  was  fairly 
on  the  way  toward  becoming  a  complete  wilderness 
again.  It  is  the  centennial  of  this  period  which  the 
people  of  Texas  are  to  celebrate  by  holding  an  exposition 
and,  in  passing,  it  is  pertinent  to  say  that  the  projectors 
of  that  enterprise  displayed  sound  judgment  in  deciding 
to  commemorate  a  period  rather  than  the  date  of  a 
single  event. 

The  space  devoted  to  this  period  is  justified  further 
because  of  the  necessity  of  presenting  adequately  the 
work  of  Stephen  Fuller  Austin,  the  "greatest  colonial 


PREFACE  ix 


proprietor  in  American  history."  It  is  a  remarkable 
fact  that,  after  the  lapse  of  a  hundred  years,  the  average 
well-informed  citizen  of  the  commonwealth  Stephen 
Austin  founded  has  no  comprehension  of  his  supreme 
greatness  nor  of  the  far-reaching  effect  of  his  labors 
on  the  subsequent  history  of  the  North  American 
continent.  And  outside  of  Texas  even  his  name  is 
unfamiliar.  This  has  come  about  through  a  combina- 
tion of  circumstances  almost  unparalleled  in  history. 
In  Texas,  due  to  a  variety  of  causes  which  it  is  unnec- 
essary to  detail  here,  his  work  has  been  obscured  by 
that  of  bulkier,  though  less  important,  figures,  and  out- 
side of  Texas  the  passion  of  party  politics  as  related  to 
the  question  of  slavery  left  its  imprint  so  definitely  on 
the  whole  course  of  events  connected  with  the  annexa- 
tion of  Texas  to  the  United  States  that  an  entirely  erro- 
neous version  of  the  story  of  those  times  has  become  part 
of  American  tradition.  The  true  tradition  of  Texas,  up 
to  the  very  moment  of  the  founding  of  the  republic,  runs 
parallel  with  the  career  of  Stephen  Austin,  and  the  cor- 
rect version  of  the  story  of  the  expansion  of  the  United 
States  beyond  the  Sabine  includes  the  record  of  his  work 
as  its  most  important  chapter.  It  has  been  a  desire  to 
present  something  approaching  an  adequate  account  of 
his  work  that  has  caused  me  to  devote  so  much  space  to 
the  period  in  which  he  labored.  I  do  not  shrink  from 
the  charge,  which  some  may  feel  inclined  to  make,  that 
Stephen  Austin  is  the  hero  of  my  story.  On  the  con- 
trary, I  welcome  it.  For  Stephen  Austin  is  in  a  very  true 
sense  the  hero  of  the  story  of  Texas.  But  I  do  not  think 
it  can  be  justly  said  that  I  have  found  it  necessary  to 
depreciate  the  worth  of  any  other  man  in  order  to  exalt 


PREFACE 


that  of  Austin.  Such  a  course  not  only  would  have  been 
a  misrepresentation  of  history,  but  would  have  shown 
a  very  poor  appreciation  of  Austin's  greatness  and  of  the 
true  character  of  his  work. 

It  would  not  be  possible  for  me  to  acknowledge  for- 
mally every  debt  I  owe  to  other  men  and  women  in  the 
preparation  of  this  work.  The  list  would  include  very 
nearly  everyone  who  has  worked  in  this  field  of  research. 
However,  there  are  some  to  whom  the  debt  is  so  great 
that  formal  acknowledgement  is  a  duty.  First  of  all,  let 
me  say  that  without  the  assistance  of  my  colleague,  Peter 
Molyneaux,  this  work  would  have  been  impossible.  I 
had  been  planning  a  history  of  Texas  and  gathering 
material  to  that  end  for  years,  but  the  arduous  duties  of 
publishing  and  editing  a  newspaper  gave  me  little  time 
to  devote  to  the  work  of  whipping  it  into  shape.  When 
I  finally  set  about  the  task,  an  affliction  of  the  eyes  for  a 
time  proved  an  almost  insurmountable  obstacle,  and  had 
it  not  been  for  the  encouragement  and  the  assistance 
given  by  Mr.  Molyneaux  I  fear  I  should  have  been  com- 
pelled to  abandon  it.  His  assistance  has  been  such  as  to 
amount  practically  to  collaboration,  and  I  am  keenly 
conscious  of  the  fact  that  I  am  indebted  to  him  above  all 
others. 

In  the  very  nature  of  things  I  am  indebted  to  men 
who  have  made  special  periods  of  the  history  of  Texas  a 
life-study.  No  man  can  write  about  Texas,  especially 
of  the  period  covering  Stephen  F.  Austin's  activities, 
without  becoming  indebted  to  Dr.  Eugene  C.  Barker  of 
the  University  of  Texas,  for  example.  The  papers  he 
has  published  from  time  to  time  in  various  historical 
journals,  and  especially  in  The  Southwestern  Historical 


PREFACE  xi 


Quarterly ,  of  which  he  is  editor,  have  been  usually  the 
last  word  on  the  particular  subject  he  has  discussed  in 
each,  and  while  I  would  not  shift  the  responsibility  for 
my  own  errors,  if  such  there  should  be,  to  the  shoulders 
of  any  other  man,  I  must  say  that  I  have  not  hesitated, 
in  most  cases,  to  accept  his  decisions  on  disputed  points  as 
final.  What  I  have  said  here  of  Dr.  Barker  would  be 
equally  true  of  Dr.  Herbert  E.  Bolton  in  relation  to  the 
Spanish  period  of  Texas  were  it  not  for  the  fact  that  I 
have  used  that  period  chiefly  as  background.  He  has 
made  that  field  his  own  quite  as  truly  as  Dr.  Barker  has 
preempted  the  Anglo-American  colonial  period,  and  to 
the  extent  that  I  have  recorded  the  Spanish  history  of 
Texas  I  am  indebted  to  him.  My  debt  to  George  Lock- 
hart  Rives,  however,  is  quite  as  great  as  that  I  owe  Dr. 
Barker.  His  work,  The  United  State*  and  Mexico, 
1821-1848>  is  monumental.  It  is  not  only  the  most  ex- 
haustive study  of  the  relations  between  the  United  States 
and  Mexico  from  the  Treaty  of  1 8 1 9  to  the  end  of  the 
Mexican  war,  but  it  is  one  of  the  best  works  of  its  kind 
dealing  with  any  period  of  American  history. 

For  more  than  twenty-five  years  the  Texas  Historical 
association  has  been  fostering  research  and  the  collection 
of  data  with  respect  to  the  history  of  Texas  and  pub- 
lishing the  results  in  The  Southwestern  Historical  Quar- 
terly. Directly  and  indirectly  my  debt  to  the  work  of 
this  association  and  to  a  host  of  men  and  women  who 
have  published  articles  in  the  quarterly  is  very  great 
indeed.  I  am  indebted  also,  as  any  writer  on  the  career 
of  Stephen  F.  Austin  must  be,  to  the  work  of  the  late 
Guy  M.  Bryan,  Austin's  nephew,  who  carefully  pre- 
served every  scrap  of  paper  relating  to  his  uncle  and 


xii  PREFACE 


patiently  collected  the  recollections  of  contemporaries 
about  him.  In  this  connection  I  would  acknowledge 
the  value  of  the  work  known  as  A  Comprehensive  His- 
tory of  Texas,  edited  by  Dudley  G.  Wooten,  and  to 
which  Colonel  Bryan  was  a  contributor.  The  work  of 
E.  W.  Winkler  in  certain  fields  has  been  helpful,  and 
there  are  numerous  other  men  and  women  whose  articles 
have  been  of  assistance  and  whose  names  I  should  like  to 
mention.    But  I  must  bring  the  list  to  a  close. 

Before  doing  so,  however,  I  must  add  the  name  of  a 
man  who  figures  in  my  narrative,  for  he  was  a  prominent 
actor  in  the  Texas  revolution,  and  who,  like  myself, 
cherished  for  years  the  ambition  to  publish  a  history  of 
Texas.  I  mean  Francis  W.  Johnson,  who,  after  Ben 
Milam  was  killed,  took  full  command  of  the  Texas 
forces  and  won  the  battle  of  San  Antonio,  the  most  hotly 
contested  battle  of  the  revolution,  and  who  spent  much 
of  his  later  life  preparing  the  manuscript  of  a  history 
of  the  events  in  which  he  participated.  Johnson's  manu- 
script passed  through  many  hands  after  his  death,  and 
some  of  it  was  lost  in  the  process.  It  was  finally  pub- 
lished, though  not  under  favorable  circumstances,  and 
his  material  was  thus  made  available.  Many  of  the 
documents  embodied  in  my  text  were  first  collected  by 
Johnson,  and  some  of  them  would  have  been  lost  en- 
tirely but  for  the  fact  that  he  preserved  them.  John- 
son's association  with  the  unfortunate  Matamoros 
expedition  tended  to  obscure  his  services  to  Texas.  His 
services  were  very  great,  nevertheless,  and  his  name  de- 
serves to  be  honored  above  those  of  many  others  who  are 
better  known. 

Finally,  I  am  indebted  to  the  Carnegie  Public  Library 


PREFACE  xiii 


of  Fort  Worth  for  the  hearty  cooperation  it  has  given  me 
during  a  long  period  of  time  in  the  labor  of  gathering 
much  of  the  material  for  this  work. 

Having  thus  attempted  to  acknowledge  my  debt  to 
others  in  the  preparation  of  my  manuscript,  I  hasten  to 
thank  all  those  who  have  cooperated  with  me  in  its  pub- 
lication. My  ambition  has  been  not  only  to  write  a  his- 
tory of  my  native  state,  but  also  to  have  it  published  in 
Texas.  I  soon  found  that  in  order  to  do  this  I  should 
be  compelled  to  organize  a  publishing  company  myself, 
and  that  if  the  venture  was  to  be  insured  against  the  risk 
of  great  loss  the  cooperation  of  a  large  number  of  pa- 
triotic Texans  must  be  obtained.  This  first  edition  of 
the  work  is  the  result  of  such  cooperation,  and  I  want 
every  man  who  subscribed  for  it  in  advance,  and  thus 
assisted  in  underwriting  the  edition,  to  feel  that  he  has 
played  an  important  part  in  making  the  publication  of 
this  history  possible. 

In  organizing  and  financing  the  publishing  company, 
for  which  a  considerable  amount  of  capital  was  required, 
a  number  of  patriotic  Texans  associated  themselves  with 
me.  I  feel  that  I  must  express  my  appreciation  of  the 
cooperation  of  these  gentlemen,  for  without  it  I  should 
not  have  been  able  to  put  the  enterprise  over.  The  mo- 
tive which  prompted  it  was  in  every  case  patriotic,  for 
ventures  of  this  kind  are  notoriously  hazardous.  I  am 
particularly  indebted,  in  this  connection,  to  John  Henry 
Kirby  of  Houston,  who  has  interested,  himself  in  the 
enterprise  enthusiastically  from  the  first.  The  other 
gentlemen  who  have  associated  themselves  with  me  in 
the  company  are  L.  H.  McKee,  Sam  Levy,  George  H. 
Clifford,  W.  P.  McLean,  Sr.,  S.  S.  Lard,  S.  B.  Cantey, 


xiv PREFACE 

A.  Cobden  and  Peter  Molyneaux  of  Fort  Worth;  Lynch 
Davidson,  W.  S.  Farish  and  F.  C.  Proctor  of  Houston; 
W.  P.  Gage,  Alfred  H.  Johnson  and  J.  Edgar  Pew  of 
Dallas;  Ike  T.  Pryor  of  San  Antonio;  Clifford  B.  Jones 
of  Spur;  John  Sealy  of  Galveston;  Col.  A.  E.  Humph- 
reys of  Denver;  R.  W.  Wortham  of  Paris,  and  Walter 
Frisch  of  New  York. 

It  is  a  source  of  peculiar  gratification  to  me  that  the 
work  is  an  all-Texas  product,  and  that  this  beautiful  de 
luxe  edition  has  been  manufactured  entirely  in  Texas. 
It  would  not  have  been  possible  to  produce  such  a  splen- 
did example  of  the  printer's  and  binder's  arts  in  Texas 
even  a  year  ago,  and  this  edition  has  historic  value  in  this 
fact  alone — that  it  is  the  first  of  its  kind  to  be  completely 
produced  within  the  confines  of  the  state.  It  marks  a 
milestone  in  the  history  of  the  printing  industry  in  this 
section  of  the  country  and  the  beginning  of  a  full- 
fledged  book-publishing  center  in  the  Southwest.  It  is 
eminently  fitting  that  the  first  work  thus  manufactured 
in  the  state  should  be  a  history  of  Texas,  and  it  is  a  source 
of  genuine  pride  to  me,  who  have  been  connected  with 
the  publishing  business  all  my  life,  that  it  should  be  one 
bearing  my  name. 

Louis  J.  Wortham. 


Chapter 

I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 


CONTENTS. 

Manifest  Destiny's  Path  . 
After  Three  Centuries  . 
Two  Decades  of  Friction  . 
Moses  Austin  Leads  Way  . 
In  His  Father's  Footsteps 
A  Year  of  Revolutions  . 
Waiting  in  the  Wilds  .  . 
First  Contract  Completed 
Mexico  Invites  the  World 
The  Dream  of  Henry  Clay 
Enter  Hayden  Edwards  . 
Republic  of  Fredonia  .  . 
Results  of  the  Fredonian 
Austin  Hands  Over  Reins 
In  Texas  to  Stay  .... 
Mexico  Takes  Alarm  .  . 
The  First  Step  Backward 


1. 

2. 
3. 
4. 


Page 

.  1 
.  15 
.  35 
.  51 
.  69 
.  93 
.  115 
.  141 
.  169 
.  197 
.  213 
.  241 
.  267 
.  287 
.  307 
.  327 
.  351 

Page 

The  Treaty  of  1819 376 

Austin's  Civil  and  Criminal  Codes     .     .388 

The  Old  Three  Hundred 412 

The  Law  of  April  6,  1830 427 


War 


APPENDIX. 


LIST  OF  ILLUSTRATIONS. 

Stephen  Fuller  Austin Frontispiece 

Mission  La  Purisima  Concepcion  de  Acuna    .  16 

Mission  San  Jose  de  Aguayo 32 

Jean  Lafitte 48 

Moses  Austin 64 

Mission  San  Francisco  de  la  Espada     ...  80 

Mission  San  Juan  Capistrano 96 

James  Monroe 144 

Region  of  First  Colony 160 

(Diagram  Map  Showing  Present  Counties) 

Region  of  First  Colony 176 

(Diagram  Map  Showing  Relation  to  the  Present  State  of  Texas) 

John  Quincy  Adams 192 

Henry  Clay 208 

Ellis  Bean 224 

Antonio  Lopez  de  Santa  Anna 320 

R.  M.  Williamson 336 

David  G.  Burnet 352 

Andrew  Jackson    . 368 


A  HISTORY  OF  TEXAS 


CHAPTER  I. 


MANIFEST  DESTINY'S  PATH. 


Late  in  the  autumn  of  the  year  1 820  a  lone  horseman 
rode  through  the  wilderness  of  the  Spanish  province  of 
Texas  toward  the  town  of  San  Antonio  de  Bexar.  He 
had  come  thus  on  horseback  and  alone  a  distance  of  eight 
hundred  miles  from  the  American  territory  of  Missouri. 
To  a  beholder  he  would  not  have  seemed  a  heroic  figure. 
There  was  nothing  about  him  to  suggest  that  he  was 
other  than  a  tired  and  weather-beaten  traveler,  bent  on 
some  prosaic  mission  of  little  concern  to  anybody  but 
himself.  Viewed  today,  however,  through  the  mists  of 
more  than  a  hundred  years,  that  lone  pilgrim  appears  as 
the  embodiment  of  "manifest  destiny."  For  the  man 
was  Moses  Austin,  and  his  journey  marked  the  advent 
of  Anglo-American  civilization  across  the  Sabine  and 
the  real  beginning  of  the  history  of  modern  Texas. 

Had  his  mission  been  widely  known  among  his  con- 
temporaries, there  can  be  little  doubt  that  Moses  Austin 
would  have  been  regarded  as  a  Utopian  dreamer  and  his 
journey  thought  to  be  a  fool's  errand.  He  had  con- 
ceived something  no  other  man  had  thought  of — a 
project  most  men  would  have  dismissed  as  impractical, 
and  which  some  would  have  laughed  at.  For  he 
dreamed  of  colonizing  Texas  with  Anglo-Americans, 


A  HISTORY  OF  TEXAS 


and  he  proposed  to  obtain  the  consent  of  the  authorities 
of  New  Spain  to  such  a  plan.  The  best  informed  men 
of  that  day  would  have  declared  the  idea  to  be  prepos- 
terous and  visionary  in  the  extreme.  And  yet  modern 
Texas  is  the  splendid  reality  which  developed  from  that 
dream.  Had  not  Moses  Austin  made  that  journey,  or 
had  his  mission  proved  unsuccessful — which,  but  for  a 
happy  accident,  it  would  have  proven- — the  history  of  the 
region  which  now  constitutes  the  largest  state  in  the 
American  union  would  have  been  radically  different 
from  what  it  has  been.  That  lonely  pilgrimage  was  a 
prelude— a  prologue,  so  to  speak — to  the  drama  which 
was  to  be  enacted  on  the  stage  of  the  vast  country  he 
traversed.  The  year  1 820  became  the  starting  point  of  a 
new  era  in  that  territory  because  of  Moses  Austin's 
journey. 

In  1820  it  must  have  seemed  that  the  limit  of  the 
expansion  of  the  United  States  had  been  reached.  A 
treaty  with  Spain,  by  which  Florida  was  ceded  and  the 
western  boundary  of  Louisiana  fixed  at  the  Sabine  river, 
had  been  signed  the  previous  year.  The  whole  Atlantic 
coast,  from  Canada  to  the  Gulf  of  Mexico,  was  now 
under  the  American  flag,  and  the  gulf  coast  itself  was 
American  to  the  newly  established  line  at  the  mouth  of 
the  Sabine.  All  the  territory  between  the  Atlantic  and 
the  Mississippi  river  was  within  the  United  States,  and 
west  of  the  Mississippi  its  domain  included  a  vast  region 
extending  to  the  Rocky  mountains,  and,  north  of  the 
forty-second  parallel,  even  to  the  Pacific  coast.  It 
seemed  that  an  epoch  was  at  an  end — the  epoch  which 
began  in  1763  with  the  withdrawal  of  France  from 
America,  and  which  included  the  revolt  of  the  British 


MANIFEST  DESTINY'S  PATH 


colonies  against  George  III,  the  establishment  of  the 
United  States  as  an  independent  nation,  the  acquisition 
of  the  immense  Louisiana  territory  from  Napoleon,  and, 
finally,  the  cession  by  Spain,  in  the  treaty  of  1819,  of 
Florida  and  all  claim  to  any  part  of  the  region  east  and 
north  of  the  boundary  fixed  in  that  treaty. 

No  similar  period  in  all  history  had  witnessed  any- 
thing resembling  the  rapid  spread  of  British  and  Anglo- 
American  control  of  the  North  American  continent 
during  the  sixty  years  from  1760  to  1820.  There 
were  men  still  living  in  1820  who  remembered  when 
the  English-speaking  settlements  of  North  America 
were  confined  to  the  colonies  spread  along  the  Atlantic 
coast.  Then  the  continent  was  divided  among  the  Eng- 
lish, the  French  and  the  Spanish.  To  the  north  and  the 
west  of  the  English  were  the  colonies  and  the  pos- 
sessions of  France,  including  the  Mississippi  valley, 
with  New  Orleans  at  the  mouth  of  the  mighty  river. 
To  the  south,  in  the  territory  bearing  the  general  des- 
ignation of  Florida,  was  the  Spanish  domain,  with 
Cuba  and  the  West  Indies  to  the  southeast.  Mexico,  or 
New  Spain,  was  remote,  and  Texas  was  an  unknown 
wilderness,  a  vague  region  lying  between  New  Spain 
and  the  French  colony  of  Louisiana.  The  change  from 
that  situation  on  the  North  American  continent  to  the 
aspect  it  presented  in  1820  had  seemed  to  come  about 
by  natural  stages,  each  growing  out  of  something  that 
had  gone  before.  It  was  no  wonder  that  in  the  process 
men  began  to  talk  about  the  "manifest  destiny"  which 
seemed  to  dominate  and  direct  it. 

The  first  change  came  in  1763,  when  the  nations  of 
Europe  gathered  at  Paris  to  settle  some  of  the  issues  of 


4 A  HISTORY  OF  TEXAS 

the  Seven  Years'  war.  For  England  that  war  had  been 
chiefly  a  struggle  with  France  for  colonial  supremacy 
in  America  and  India.  Indeed,  it  was  largely  due  to  the 
circumstance  that  this  struggle  was  already  in  progress 
at  the  beginning  of  the  Seven  Years'  war  that  England 
remained  out  of  the  coalition  against  Frederick  the 
Great  and  joined  him  against  the  rest  of  Europe.  Eng- 
land decisively  defeated  France,  both  in  India  and 
America,  in  spite  of  the  fact  that  in  each  case  the  natives 
had  been  allied  with  France.  In  consequence,  France 
gave  up  all  her  colonial  claims  in  America,  and  the 
Treaty  of  Paris  disposed  of  the  territory  on  the  North 
American  continent.  To  England  was  given  Canada 
and  all  of  the  territory  east  of  the  Mississippi  river. 
This  included  Florida,  which  had  been  Spanish  territory, 
but  Spain  was  the  gainer  by  the  treaty,  for,  in  accord- 
ance with  the  treaty  of  Fontainebleu,  signed  the  year 
before,  Louisiana,  the  immense  region  west  of  the  Mis- 
sissippi, and  including  the  city  of  New  Orleans  on  the 
east  bank  of  the  river,  was  transferred  from  French  to 
Spanish  rule.  Thus  North  America  was  divided  between 
England  and  Spain,  with  the  Mississippi  as  the  dividing 
line.  The  west  bank  of  the  Mississippi  was  Spanish,  and 
the  east  bank  was  English,  except  near  the  mouth  of  the 
river,  where  both  banks  were  Spanish. 

The  germ  of  the  next  change  was  in  this  settlement. 
One  of  the  problems  of  the  French  and  Indian  war,  as 
the  American  phase  of  the  Seven  Years'  war  was  called, 
had  been  that  of  obtaining  cooperation  among  the  Brit- 
ish colonies  in  the  matter  of  raising  money  and  men.  As 
early  as  1754,  when  the  French  and  Indian  war  was 
threatening,  Benjamin  Franklin  had  proposed  a  plan  of 


MANIFEST  DESTINY'S  PATH 


unity  for  this  purpose,  with  an  annual  meeting  of  a 
"grand  council"  at  Philadelphia.  He  advocated  this 
for  several  years  in  his  Pennsylvania  Gazette,  printing 
in  each  issue  a  picture  showing  the  colonies  as  separate 
parts  of  a  severed  snake  and  bearing  the  legend,  "Unite 
or  Die."  Immediately  after  the  close  of  the  war  it 
became  necessary  to  deal  ruthlessly  with  a  conspiracy  of 
the  Indians  which  proposed  to  destroy  the  British  colo- 
nies and  drive  the  colonists  from  America,  and  this,  with 
the  expenses  of  the  war  itself,  brought  up  anew  the 
question  of  finances  and  men. 

It  is  said  that  the  French  minister,  in  ceding  the 
French  territory  in  America  to  England  at  the  Paris 
conference,  remarked,  "I  give  her  all,  on  purpose  to 
destroy  her."  Whether  this  is  true  or  not,  almost  imme- 
diately the  forces  which  in  part  were  to  fulfill  this 
alleged  prophecy  began  to  operate.  With  a  vast  new 
territory  to  protect,  with  the  Indians  to  be  held  in  check, 
and  with  no  central  authority  in  America  to  provide 
money  and  men,  George  III  proposed  that  parliament 
should  tax  the  colonists  for  the  purpose  of  maintaining 
an  army  in  America  and  to  help  defray  the  cost  of  the 
war.  The  colonists  liked  neither  the  assumption  by  par- 
liament of  the  power  to  tax  them  nor  the  proposal  to 
quarter  an  army  from  England  permanently  in  the  colo- 
nies. They  resisted,  and  the  controversy  which  ensued 
culminated  in  the  Revolutionary  war. 

Very  naturally  the  sympathies  of  both  France  and 
Spain  were  with  the  colonists  and  against  their  ancient 
enemy,  England.  From  the  very  first  the  Spanish  gov- 
ernor of  the  colony  of  Louisiana,  Don  Bernardo  de 
Galvez,  assisted  the  Anglo-Americans  as  much  as  pos- 


A  HISTORY  OF  TEXAS 


sible,  especially  by  permitting  the  use  of  New  Orleans 
as  a  base  for  operations  along  the  Mississippi.  When  in 
1779,  with  the  outcome  of  the  conflict  in  America  still 
in  doubt,  Spain  declared  war  against  England,  Galvez 
lost  no  time  in  obtaining  authority  from  the  king  of 
Spain  for  his  subjects  in  America  to  participate  in  the 
war.  He  proceeded  to  prosecute  a  campaign  against 
Florida,  the  inhabitants  of  which  had  not  joined  the 
British  colonies  in  the  revolution,  and  during  the  next 
two  years,  with  a  force  from  New  Orleans,  he  captured 
Baton  Rouge,  Mobile  and  Pensacola,  and  recovered  all 
the  former  Spanish  possessions  bordering  on  the  Gulf 
of  Mexico.  It  was  this  campaign  by  Galvez  against 
the  British  which  gave  to  the  people  of  Louisiana  the 
right  to  say  that  they  helped  to  win  American  independ- 
ence. But  the  important  thing  here  is  that  when  the 
Revolutionary  war  came  to  a  close,  Florida  was  again 
ceded  to  Spain. 

This  left  North  America  south  of  the  Great  Lakes 
divided  between  Spain  and  the  newly  established  United 
States  of  America.  Spain  was  the  only  European  power 
which  still  retained  possessions  in  the  territory  now  em- 
braced in  the  United  States.  England  had  followed 
France  in  relinquishing  all  claims  within  that  region 
(except  the  claim  she  set  up  later  to  Oregon),  and  the 
entire  western  and  southern  boundaries  of  the  United 
States  were  bordered  by  Spanish  territory.  The  Gulf  of 
Mexico  became  a  Spanish  lake  and  all  of  the  great 
region  stretching  from  the  Mississippi  to  the  Pacific 
coast  was  under  Spanish  domination. 

There  was  some  controversy  over  the  boundary  line 
of  West  Florida,  but  a  treaty  between  Spain  and  the 


MANIFEST  DESTINY'S  PATH 


United  States,  signed  October  20,  1795,  finally  disposed 
of  this  and  set  forth  the  details  of  the  boundary  between 
the  Spanish  dominions  and  the  United  States.  If  this 
situation  had  continued  free  from  outside  influences, 
the  whole  history  of  America  since  that  time  might  have 
been  different.  But,  at  the  very  moment  this  treaty 
was  signed,  a  new  figure  stepped  upon  the  world  stage 
— a  figure  destined  to  influence  the  course  of  world 
events  during  the  next  twenty  years  and  to  upset  this 
arrangement  of  North  America  in  a  radical  fashion. 
Two  weeks  before  the  signing  of  the  treaty  between 
Spain  and  the  United  States  a  mob  was  marching  in  the 
streets  of  Paris  and  it  seemed  to  the  members  of  the 
national  convention  of  the  French  republic  that  a 
new  Reign  of  Terror  was  about  to  begin.  In  despera- 
tion the  convention  entrusted  the  task  of  dealing  with 
the  mob  to  a  young  artillery  officer,  then  but  twenty- 
six  years  of  age,  and  he  proceeded  to  handle  it  in  so  de- 
cisive a  manner  that  order  was  restored  in  a  day.  That 
young  officer  was  Napoleon  Bonaparte,  who  from  that 
point  moved  rapidly  during  the  next  few  years  upon  a 
career  which  occupied  the  attention  of  the  whole  world 
and  changed  the  course  of  history.  By  1800  he  seemed 
to  have  reached  the  zenith  of  his  power,  having  over- 
thrown the  directory  and  established  himself  as  first 
consul.  After  five  years  of  almost  constant  war,  he  felt 
that  peace  was  at  hand,  and  he  began  to  dream  of  the 
reestablishment  of  France  in  America  and  of  building 
up  a  great  colonial  empire.  To  this  end  he  induced 
Spain  to  agree  to  return  Louisiana  to  France. 

Here  was  a  change  which  boded  evil  for  the  United 
States.  "It  completely  reverses  all  the  political  relations 


8  A  HISTORY  OF  TEXAS 

of  the  United  States,"  wrote  President  Jefferson  to  the 
American  minister  at  Paris,  "and  will  form  a  new  epoch 
in  our  political  course.  .  .  .  There  is  on  the  globe  one 
single  spot,  the  possessor  of  which  is  our  natural  enemy. 
It  is  New  Orleans,  through  which  the  produce  of  three- 
eighths  of  our  territory  must  pass  to  market."  Accord- 
ingly, Jefferson  instructed  the  American  minister  to 
propose  to  Napoleon  the  purchase  by  the  United  States 
of  New  Orleans  and  West  Florida,  it  being  thought  at 
first  that  the  latter  had  been  ceded  to  France  along  with 
Louisiana.  Jefferson's  proposal,  it  will  be  seen,  was  to 
extend  American  control  of  the  east  bank  of  the  Mis- 
sissippi to  the  river's  mouth,  and  thus  solve  the  vexed 
problem  which  alien  control  of  both  banks  of  the  river 
at  New  Orleans  had  presented  from  the  beginning  of 
the  American  government.  But  Napoleon  soon  found 
that  British  supremacy  on  the  sea  made  his  colonial 
aspirations  futile,  and  being  in  need  of  money  for  an 
impending  war  with  England,  he  proposed  to  sell  to 
the  United  States  the  whole  of  Louisiana  or  none.  The 
result  was  that  in  1803  the  immense  territory  from  the 
Mississippi  to  the  Rocky  mountains  passed  to  American 
control. 

The  effect  of  this  was  far-reaching.  It  cut  the  Span- 
ish possessions  in  North  America  into  two  parts  and 
made  the  defense  of  Florida  against  attack  from  the 
United  States,  in  the  event  of  war  at  any  future  time, 
almost  impossible.  A  dispute  immediately  arose  over 
the  boundary  lines  between  Louisiana  and  Florida  on 
the  one  hand,  and  between  Louisiana  and  Texas  on  the 
other.  This  dragged  along  for  several  years,  and  in  the 
meantime  the   Florida   Indians  becoming  a   growing 


MANIFEST  DESTINY'S  PATH 


menace  to  the  settlers  of  Georgia,  Andrew  Jackson  in- 
vaded Florida  and,  in  addition  to  administering  a  crush- 
ing defeat  to  the  Indians,  treated  the  Spanish  forces  in  a 
manner  which  caused  great  offense  in  Spain  and  a  de- 
mand for  indemnity.  It  was  this  dispute  which  was 
brought  to  an  end  by  the  treaty  of  1819.  By  that  treaty 
Spain  ceded  Florida  to  the  United  States,  and  the  bound- 
ary between  Texas  and  Louisiana  was  fixed  at  the  Sabine. 

As  has  been  said,  all  of  this  happened  in  the  lifetime 
of  men  still  living  in  1820.  Most  of  it  had  happened  in 
Moses  Austin's  lifetime.  Indeed,  so  far  as  the  expansion 
of  the  United  States  was  concerned,  all  of  it  had  hap- 
pened during  the  previous  twenty  years.  Between  1800 
and  1820  the  area  of  the  United  States  had  been  more 
than  doubled.  And  while  its  territory  was  thus  expand- 
ing, the  tide  of  population  was  moving  westward.  This 
expansion  and  movement  of  population  seemed  inevi- 
table developments.  It  truly  appeared  to  be  the  "mani- 
fest destiny"  of  the  Americans  to  occupy  the  whole  of 
the  continent  south  of  Canada.  But  it  was  quite  as 
natural  also  that  the  feeling  had  begun  to  grow  that  the 
limit  of  this  expansion  had  been  reached.  When  the 
signing  of  the  treaty  of  1819  annexed  Florida  and  the 
strip  of  territory  between  the  old  Louisiana  line  and  the 
Sabine,  it  may  be  said  that  the  dominant  feeling  among 
the  people  of  the  United  States,  except,  perhaps,  in  the 
Southwest,  was  that  this  was  the  end.  It  seemed  the 
close  of  the  epoch. 

The  great  figures  of  that  epoch  were  passing  and 
great  issues  seemed  settled.  George  III  had  just  died  in 
England  5  Jefferson,  author  of  the  Declaration  of  Inde- 
pendence, was  in  retirement  at  Monticello;  Washington 


10 A  HISTORY  OF  TEXAS 

had  been  dead  for  twenty  years;  Napoleon  was  dying  in 
exile  at  St.  Helena;  Joseph  Bonaparte,  whose  attempt 
to  establish  a  new  dynasty  in  Spain  had  given  oppor- 
tunity for  revolution  and  independence  in  the  Spanish 
colonies  in  America,  was  in  seclusion  at  Point  Breeze  on 
the  Delaware  in  New  Jersey;  Ferdinand  VII  had  been 
restored  to  the  Spanish  throne  by  the  absolutist  mon- 
archs  of  Europe,  and  while  revolution  still  stalked  in  his 
possessions  in  South  America,  and  was  raising  its  head 
even  in  Spain,  in  Mexico  it  had  been  utterly  crushed. 
Metternich,  chief  minister  of  Austria,  was  the  dominant 
power  in  Europe  and  absolutism  seemed  firmly  re- 
established throughout  the  continent.  What  would  hap- 
pen when  Europe  again  turned  to  the  revolting  colonies 
in  America  no  man  knew.  James  Monroe  had  just  been 
^selected  president  of  the  United  States,  but  the  Mon- 
roe Doctrine  was  still  three  years  away.  In  Mexico,  in 
any  event,  Spain  was  in  no  danger.  The  last  flicker  of 
revolution  had  been  stamped  out,  and  now  a  solemn 
treaty  with  the  United  States  had  fixed  definitely 
Mexico's  northern  and  eastern  boundaries.  After  set- 
ting forth  those  boundaries  in  detail,  the  treaty  provided 
that  the  United  States  ceded  to  the  king  of  Spain  "all 
rights,  claims  and  pretensions  to  the  territories  lying 
west  and  south"  of  them.  These  "rights  and  claims" 
had  been  little  more  than  "pretensions,"  no  matter  how 
firmly  some  American  leaders  may  have  believed  in 
them,  but  whatever  ground  they  may  have  had,  they 
were  now  "renounced  forever." 

Moreover,  there  were  other  reasons  why  men  had 
begun  to  think  that  the  limit  of  expansion  had  been 


MANIFEST  DESTINY'S  PATH U 

reached.  The  enthusiasm  of  the  western  "empire  build- 
ers" had  been  somewhat  dampened  by  a  financial  panic 
which  had  prostrated  the  country  in  1818,  bringing  land 
booms  to  an  end  suddenly  and  sweeping  away  the  pos- 
sessions of  men  who  had  believed  themselves  perma- 
nently rich.  The  task  of  rebuilding  the  country's 
prosperity  was  beginning  to  engage  men's  attention.  The 
so-called  "era  of  good  feeling"  had  just  begun.  Men 
were  sobering  up  and  it  must  have  seemed  to  many  of 
them  that  the  task  of  settling  and  developing  the  vast 
territory  included  in  the  expanded  domain  of  the  United 
States  was  great  enough  without  seeking  more. 

There  was  also  another  factor  in  the  situation  and  one 
which  influenced  Monroe's  attitude.  The  Missouri 
compromise,  fixing  a  line  dividing  slave  and  free  terri- 
tory in  the  region  west  of  the  Mississippi,  now  coupled 
any  question  of  new  expansion  with  the  question  of 
slavery.  Monroe  wrote  to  Jefferson  that  "the  further 
acquisition  of  territory  to  the  west  and  south  involves 
difficulties  of  an  internal  nature  which  menace  the 
Union  itself."  Already  there  were  evidences  in  the 
northern  and  eastern  states  of  actual  opposition  to  any 
further  extension  of  the  national  domain,  an  opposition 
which  was  to  grow  to  formidable  proportions  during  the 
next  two  decades. 

There  were,  to  be  sure,  those  who  still  regarded  Texas 
as  a  part  of  the  Louisiana  purchase,  and  who,  like  Henry 
Clay  and  Thomas  H.  Benton,  denounced  Monroe  and 
Adams  for  having  signed  away  the  "rights"  of  the 
United  States  to  the  land  beyond  the  Sabine.  Indeed, 
in  1819,  when  news  of  the  signing  of  the  treaty  with 


12  A  HISTORY  OF  TEXAS 

Spain  was  received,  an  indignation  meeting  was  held  at 
Natchez,  and  a  filibustering  expedition,  under  Dr.  James 
Long,  crossed  the  Sabine,  captured  the  town  of  Nacog- 
doches and  solemnly  set  up  "the  independent  Republic 
of  Texas."  There  was  some  pretense  in  this  expedition 
of  acting  in  the  name  of  the  inhabitants  of  Texas,  but 
its  real  purpose  was  to  "reclaim"  what  Monroe  had 
"given  up."  However,  it  was  quickly  brought  to  naught 
by  the  Spanish  forces  in  Texas.  Nacogdoches  was 
promptly  recaptured  from  the  invaders  and  the  "repub- 
lic" disappeared  as  suddenly  as  it  had  been  set  up. 

The  sentiment  represented  by  Long  and  his  follow- 
ers was  not  widespread,  and  was  confined  chiefly  to  the 
Southwest.  Far-seeing  men  like  Andrew  Jackson,  it  is 
true,  believed  the  question  would  come  up  again,  but 
they  were  of  the  opinion,  as  expressed  by  Jackson,  that 
"for  the  present  we  ought  to  be  content  with  the 
Floridas."  However,  the  average  man,  whatever  might 
have  been  his  wishes  with  respect  to  Texas,  was  not 
disposed  to  quarrel  with  the  administration  over  the 
treaty.  In  the  election  of  the  following  year  Monroe 
carried  every  state  in  the  union.  In  fact,  only  one  elec- 
toral vote  was  cast  against  him,  an  elector  of  New 
Hampshire  declaring  that  only  Washington  should  have 
the  honor  of  a  unanimous  vote,  and  even  that  one  vote 
was  cast  for  John  Quincy  Adams  who,  as  secretary  of 
state,  had  negotiated  the  treaty.  There  could  have  been 
hardly  a  more  general  approval  of  a  treaty  than  that. 
Taking  the  country  as  a  whole,  unquestionably  most 
men  accepted  it  as  finally  settling  the  southwestern 
boundaries  of  the  United  States.    Texas,  which  for  the 


MANIFEST  DESTINY'S  PATH  13 

most  part  was  uninhabited  by  white  men,  was  to  remain 
part  of  Mexico,  it  seemed.  This  probably  was  the  view 
of  Moses  Austin  himself. 

And  yet,  at  that  very  moment  forces  were  being  put 
in  operation  which  in  due  course  would  again  change 
the  map  of  North  America.  That  lone  horseman,  trav- 
ersing the  wilderness  of  Texas  to  San  Antonio  de  Bexar, 
seems  today  the  instrument  of  "manifest  destiny." 


CHAPTER  II. 

AFTER  THREE  CENTURIES. 

The  land  into  which  Moses  Austin  journeyed  as  the 
forerunner  of  Anglo-American  civilization  had  been 
Spanish  territory,  except  for  a  shadowy  French  claim, 
for  nearly  three  centuries.  And  yet  its  total  population 
in  1820,  exclusive  of  Indians,  was  scarcely  three  thou- 
sand. San  Antonio  de  Bexar  was  almost  the  only  perma- 
nent settlement,  and  one  needs  only  to  glance  at  a  map 
of  Texas  and  to  note  the  vast  territory  between  that 
point  and  the  Sabine,  to  say  nothing  of  the  territory  to 
the  north  and  west,  to  appreciate  how  slight  was  the 
hold  of  the  Spanish  power  on  the  province.  But  whether 
slight  or  otherwise,  the  claim  of  Spain  to  Texas,  for- 
mally recognized  by  the  United  States  only  the  year 
before  Moses  Austin's  historic  journey,  is  now  known 
to  have  been  indisputable. 

While  it  was  believed  by  some  in  the  United  States 
during  the  early  years  of  the  nineteenth  century  that 
the  transfer  of  Louisiana  created  an  American  claim  to 
Texas,  and  both  Monroe  and  Adams,  in  negotiating  the 
treaty  in  1819,  put  forward  such  a  claim,  there  really 
never  was  valid  historic  basis  for  it.  The  early  histo- 
rians of  Texas,  notably  Yoakum,  adopted  this  thesis, 
and  sought  to  establish  a  French  claim  founded  on 
La  Salle's  attempt  to  plant  a  colony  on  Lavaca  bay  in 
1685.  But  this  French  attempt  was  a  complete  failure, 

15 


16 A  HISTORY  OF  TEXAS 

and,  besides,  Spanish  exploration  of  the  region  dated 
back  fully  a  hundred  and  fifty  years  before  La  Salle. 

The  Spaniards  were  not  slow  to  follow  Christopher 
Columbus's  world-startling  discovery  of  the  West  Indies 
in  1492  by  colonization  of  those  islands.  There  were 
flourishing  Spanish  settlements  on  the  islands  of  Cuba, 
Porto  Rico,  Hayti  and  Jamaica  within  twenty  years 
after  the  first  landing  of  Columbus,  and  within  thirty 
years  after  that  epoch-making  event  the  whole  coast 
of  Texas  had  been  explored.  Like  Columbus,  the  Span- 
iards continued  to  search  for  a  passage  leading  westward 
to  India,  and  expeditions  from  the  islands  explored  the 
whole  of  the  Gulf  of  Mexico  on  this  quest.  No  passage 
was  found,  of  course,  because  none  was  there,  but  in  the 
process  a  number  of  very  accurate  maps  of  the  gulf 
coast  were  charted  by  the  explorers. 

Alvarez  de  Pinedo,  an  agent  of  the  governor  of  Ja- 
maica, was  the  most  important  of  these  map-makers  of 
the  Mexican  Gulf.  He  explored  and  mapped  the  whole 
coast  of  Texas  in  1519  and  sent  back  to  Spain,  through 
his  master,  a  glowing  description  of  "Amichel,"  as  the 
Spaniards  then  called  Texas.  Based  probably  on  tales 
of  Indians  on  the  coast,  this  story  pictured  a  land  of 
much  gold  and  other  treasure,  inhabited  by  two  races 
of  men — one  a  race  of  giants  and  the  other  a  race 
of  pygmies.  This,  be  it  noted,  was  two  years  before 
Cortes  captured  the  Aztec  capital  in  Mexico. 

Pinedo's  tales  of  Texas  were  an  early  instance  of  a 
new  influence  which  began  to  impel  Spanish  adven- 
turers to  set  out  on  expeditions  of  exploration  in  the 
unknown  regions  of  the  western  world  just  about  the 
time  all  hope  of  finding  a  passage  westward  from  the 


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AFTER  THREE  CENTURIES  17 

Mexican  gulf  was  abandoned.  This  influence  was  the 
romancing  of  the  Indians.  The  familiar  story  of  the 
Fountain  of  Youth  for  which  Ponce  de  Leon  searched 
in  Florida  was  only  one  of  a  great  number  of  such  yarns 
with  which  the  natives  beguiled  the  credulous  Span- 
iards. Tales  of  wonderful  cities  and  rich  nations  sent 
them  roaming  over  the  whole  of  the  southern  portion 
of  North  America  from  the  Atlantic  to  the  Pacific 
during  the  next  one  hundred  years  or  more.  The  dis- 
covery of  Mexico  in  1519,  and  its  subsequent  conquest, 
was  in  part  a  verification  of  some  of  these  stories,  and 
the  quest  for  "another  Mexico"  became  the  motive  of 
many  expeditions. 

In  the  spring  of  1528  such  an  expedition  which  had 
gone  to  Florida  under  Panfilo  de  Narvaez,  with  the  pur- 
pose of  planting  a  colony  there,  met  with  disaster,  and 
members  of  the  company  attempted  to  make  their  way 
to  the  Spanish  settlements  in  Mexico  by  cruising  along 
the  coast  in  five  improvised  boats  made  from  the  hides 
of  their  horses.  Three  of  these  boats  were  wrecked, 
November  6,  1528,  on  an  island  off  the  coast  of  Texas, 
probably  Galveston  island,  and  Cabeza  de  Vaca,  a  Span- 
ish noble  who  had  given  up  a  high  office  in  Spain  to 
accompany  Narvaez  to  America,  reached  shore  safely 
with  a  number  of  companions.  Nearly  eight  years 
were  to  pass  before  Vaca  should  again  set  foot  in  a 
Spanish  settlement,  for  the  Indians  on  the  coast  de- 
tained him  and  his  companions  practically  as  slaves, 
and  though  Vaca  himself  had  many  opportunities  to 
escape,  he  postponed  it  from  year  to  year  in  order  to 
save  the  others  as  well. 

There  is  no  more  interesting  narrative  in  all  the  rec- 


18 A  HISTORY  OF  TEXAS 

ords  of  early  American  exploration  than  the  account 
which  Vaca  wrote  of  his  long  sojourn  among  the  Texas 
Indians.  Part  of  the  time  he  acted  as  a  medicine  man, 
or  rather  a  healer,  and  he  also  became  a  proficient 
trader  among  the  various  tribes.  It  may  be  said  that 
Vaca  was  the  first  physician  and  first  merchant  on  Texas 
soil.  He  sought  to  escape  the  role  of  physician,  but 
the  Indians  insisted  that  as  a  child  of  the  sun  he  must 
possess  supernatural  powers,  and  for  a  time  he  was  given 
his  choice  of  healing  their  sick  or  going  without  food. 
His  method,  which  later  caused  a  war  of  pamphlets  in 
Spain,  was  that  of  praying  for  the  recovery  of  his  pa- 
tients and,  according  to  his  own  account,  he  was  very 
successful. 

While  Vaca  developed  as  a  trader  he  roamed  over  a 
great  part  of  South  Texas  and  learned  many  of  the  dia- 
lects of  the  Indians.  His  account  is  the  earliest  accu- 
rate description  of  the  country,  and  incidentally  con- 
tains the  first  description  of  the  buffalo  ever  set  down 
on  paper.  Another  interesting  circumstance  connected 
with  Vaca's  stay  in  Texas  is  that  one  of  the  company 
who  lived  to  return  to  civilization  was  an  African 
Moor,  called  Estebanico,  the  first  black  to  set  foot  on 
Texas  soil. 

In  1541  an  Indian  guide,  whom  the  Spaniards  called 
El  Turco  (the  Turk)  led  Francisco  Vasquez  de  Coro- 
nado  and  his  followers  out  of  New  Mexico  on  a  wild 
goose  chase  over  the  south  plains  of  West  Texas,  seek- 
ing for  one  of  the  many  fanciful  cities  of  gold,  the 
product  of  Indian  imagination.  In  this  case  the  Indians 
had  method  in  their  deception,  for  El  Turco  afterwards 


AFTER  THREE  CENTURIES 19 

confessed  that  he  had  been  assigned  by  tribesmen  in 
New  Mexico,  whom  Coronado  had  treated  with  cruelty, 
to  take  the  Spaniards  out  on  the  plains  and  lose  them. 

The  following  year  (1542)  Luis  de  Morosco,  chosen 
by  the  ill-fated  De  Soto,  discoverer  of  the  Mississippi, 
on  his  death-bed,  to  lead  his  men  from  the  wilderness 
along  that  mighty  stream  back  to  civilization,  attempted 
to  reach  Mexico  by  traveling  overland,  and  crossing  Red 
river  near  the  point  where  Texarkana  now  stands,  pene- 
trated Texas  as  far  as  the  Brazos. 

In  1582  Antonio  de  Espejo,  a  merchant  of  Mexico, 
returning  from  the  region  around  what  is  now  Prescott, 
N.  M.,  passed  through  West  Texas  and  explored  the 
Pecos  river  for  some  distance. 

During  the  next  one  hundred  years  the  Spaniards 
were  moving  north  from  Mexico  into  California  and 
New  Mexico,  and  there  is  record  of  several  expeditions 
which  touched  Texas  at  different  points.  Finally,  in 
1682,  a  tribe  of  Indians,  friendly  to  the  Spaniards, 
driven  from  New  Mexico  by  the  Pueblo  uprising  of 
1680,  was  settled  at  a  point  twelve  miles  from  the  pres- 
ent city  of  El  Paso.  The  new  village,  in  which  in 
time  Spaniards  also  settled,  was  called  Ysleta,  after  the 
New  Mexico  village  from  which  the  Indians  had  fled. 
It  stands  today,  a  town  of  two  thousand  inhabitants,  and 
has  been  in  continuous  existence  since  1682.  It  is  the 
oldest  town  within  the  present  boundaries  of  Texas. 

Up  to  this  time  (1682)  no  Frenchman  had  set  foot 
on  Texas  soil.  It  was  in  that  year  that  Robert  Cavelier 
de  la  Salle  reached  the  mouth  of  the  Mississippi,  hav- 
ing explored  it  from  the  mouth  of  the  Illinois  river, 


20  A  HISTORY  OF  TEXAS 

and  hastened  back  to  France  to  organize  the  expedition 
which  was  to  end  in  his  arrival  on  the  shores  of  Mata- 
gorda bay. 

La  Salle  was  the  first  man  to  recognize  the  impor- 
tance of  the  Mississippi  as  a  highway  of  trade,  and  to 
propose  the  planting  of  a  colony  at  its  mouth.  With 
that  purpose  in  view  he  sailed  from  France,  with  equip- 
ment for  a  colony,  in  the  summer  of  1684.  It  was  an 
ill-fated  voyage  from  the  first.  Off  the  West  Indies 
one  of  his  four  ships  was  captured  by  the  Spaniards; 
incorrect  and  incomplete  maps  caused  him  to  miss  the 
mouth  of  the  Mississippi,  and  to  sail  past  it  to  the  coast 
of  Texas;  another  of  his  ships  was  wrecked  entering 
Matagorda  bay,  and  finally  his  naval  commander, 
Beaujeu,  who  had  been  unfriendly  and  quarrelsome 
throughout  the  voyage,  sailed  back  to  France  with  a 
third  ship,  taking  with  him  a  number  of  La  Salle's  sol- 
diers and  a  quantity  of  supplies. 

La  Salle  landed,  established  a  camp  for  his  men,  and 
then  set  out  to  find  the  Mississippi,  believing  it  was  not 
far  away.  Hostile  Indians  attacked  his  camp,  disease 
broke  out  among  his  men,  and  many  of  them  died. 
When  he  realized  he  had  missed  the  mouth  of  the  Mis- 
sissippi he  moved  his  camp  to  another  site  on  Garcitas 
river,  near  the  head  of  Lavaca  bay,  and  proceeded  to 
build  a  fort  and  permanent  colony,  which  he  called 
Fort  St.  Louis.  Besides  the  rude  fort,  which  was  con- 
structed of  timbers  from  the  wrecked  ship,  the  colony 
consisted  of  five  mud-plastered  huts.  Finally,  while 
he  was  exploring  the  coast,  his  last  ship  was  wrecked, 
and  now  he  set  out  overland,  still  in  search  of  the  Mis- 
sissippi.    He  reached  a  point  north  of  the  present  town 


AFTER  THREE  CENTURIES 21 

of  Nacogdoches,  when  he  was  forced  to  return  because 
of  illness  and  discontent  of  his  men.  Food  became 
scarce  and  he  began  to  realize  that  unless  he  obtained 
help  of  some  sort  his  men  would  be  facing  starvation. 
And  so  he  resolved  to  attempt  to  reach  the  French  set- 
tlements on  the  Illinois  river,  little  dreaming  the  great 
distance  he  would  be  obliged  to  travel.  He  started  with 
a  few  companions,  including  his  brother  and  nephew. 
At  a  point  on  the  Brazos,  believed  to  be  just  above  the 
town  of  Navasota,  he  was  murdered  by  some  of  his 
men.  A  few  of  the  party  continued  the  journey  and 
finally  reached  Canada.  The  colonists  who  remained 
behind  perished  at  the  hands  of  the  hostile  Indians,  or 
from  disease,  with  the  exception  of  a  few  who  took 
refuge  among  the  Indians.  Four  years  after  La  Salle's 
landing,  when  the  Spaniards  finally  found  Fort  St. 
Louis,  it  was  deserted. 

Such  is  the  tragic  story  of  La  Salle's  colonization  of 
Texas.  Its  chief  effect  was  to  arouse  the  Spaniards  to 
the  danger  of  French  encroachment  and,  temporarily  at 
least,  to  the  need  of  settling  north  of  the  Rio  Grande. 
For  the  moment  it  caused  a  sensation  throughout  the 
Spanish  settlements,  both  in  the  West  Indies  and 
Mexico,  and  expeditions  were  sent  out  to  search  for  the 
French  invaders. 

For  three-quarters  of  a  century  a  race  had  been  in 
progress  between  the  Spanish,  the  English  and  the 
French  for  control  of  territory  in  the  new  world.  For 
a  hundred  years  after  the  discovery  of  America,  Spain 
had  been  the  only  colonizer,  and  her  practical  suprem- 
acy on  the  seas  made  possible  her  assumption  of  a  right 
to  all  the  new  lands.       But  with  the  exploits  of  Sir 


22 A  HISTORY  OF  TEXAS _^ 

Francis  Drake,  and  the  defeat  of  the  Spanish  armada 
in  1588,  the  Spanish  power  at  sea  waned  and  other  na- 
tions entered  the  field.  In  1607  Jamestown  was 
founded  in  Virginia  by  the  English,  and  in  1608  the 
French  founded  Quebec.  Both  the  English  and  French 
spread  rapidly,  the  English  along  the  Atlantic  coast  and 
the  French  in  Canada  and  into  the  upper  Mississippi 
valley.  How  far  English  colonization  had  advanced 
may  be  appreciated  when  it  is  said  that  Harvard  col- 
lege was  fifty  years  old  when  La  Salle  landed  on  the 
Texas  coast!  There  had  been  more  than  one  clash  be- 
tween the  French  and  the  English,  and  the  Spaniards 
had  encountered  the  English  on  the  Atlantic  coast,  north 
of  Florida.  But  more  menacing  was  the  fact  that  in 
1655  the  English  had  forcibly  taken  the  Island  of 
Jamaica  from  the  Spanish  and  had  made  the  seizure 
stick,  and  that  the  French  had  organized  the  West  In- 
dia company  in  1664  and  planted  colonies  on  the  islands 
of  Guadeloupe  and  Martinique  and  in  the  Windward 
islands. 

These  were  the  days  of  the  Spanish  main,  and  for 
some  time  there  had  been  piratical  raids  on  Spanish 
shipping.  Spanish  ships  with  rich  cargoes  had  been 
seized  and  confiscated  and  coast  towns  had  been  at- 
tacked. And  now  here  was  an  attempt  by  the  French 
to  plant  a  colony  on  the  shores  of  the  Gulf  of  Mexico 
itself,  and  just  north  of  the  Rio  Grande,  south  of  which 
were  the  Spanish  outposts  of  Nuevo  Leon  and  Coahuila! 
It  was  no  wonder  that  the  capture  of  La  Salle's  first 
ship  by  the  Spaniards,  thus  revealing  the  arrival  of  the 
French,  had  excited  all  the  Spanish  settlements  neigh- 
boring the  gulf. 


AFTER  THREE  CENTURIES  23 

So  expeditions  were  dispatched  to  find  the  French. 
After  three  of  these  had  been  unsuccessful,  between 
1686  and  1689,  Alonzo  de  Leon,  governor  of  Mon- 
clova,  accompanied  by  Father  Massanet,  a  Franciscan 
friar,  and  a  hundred  soldiers,  set  out  for  a  fourth  time. 
In  March,  1689,  Leon  finally  came  upon  the  aban- 
doned Fort  St.  Louis  and  its  five  huts.  Three  unburied 
bodies,  one  of  them  that  of  a  woman,  told  the  gruesome 
story  of  the  French  failure  and  the  tragic  fate  which 
had  befallen  La  Salle's  colonists.  The  bodies  of  others 
evidently  had  been  thrown  into  the  river  to  be  devoured 
by  alligators.  A  few  survivors  were  found  living  among 
the  Indians,  and  two  of  these  were  taken  by  the  Span- 
iards to  Mexico. 

The  Spanish  authorities  were  now  aroused  to  the  im- 
portance of  settling  north  of  the  Rio  Grande  and  Father 
Massanet  had  little  difficulty  in  obtaining  their  con- 
sent to  establish  a  mission  among  the  Tejas  (Texas) 
Indians,  a  tribe  the  Spaniards  had  encountered  during 
their  search  for  the  French,  and  had  found  friendly. 
Accordingly  he  returned  in  1690,  accompanied  by  a  mili- 
tary escort  under  Leon,  and  established,  near  the  Neches 
river,  the  first  Spanish  mission  in  Texas — the  Mission 
San  Francisco  de  los  Tejas.  The  party  visited  the 
site  of  Fort  St.  Louis  en  route  and  burned  the  buildings, 
Father  Massanet  applying  the  torch  with  his  own  hand. 

The  Mission  San  Francisco  de  los  Tejas  was  as  short- 
lived, however,  as  the  French  colony.  Its  personnel 
consisted  of  only  three  friars  and  three  soldiers,  Father 
Massanet  believing  that  the  presence  of  soldiers  in 
greater  number  among  the  Indians  would  defeat  his 
purpose  of   Christianizing  them.      Indeed,   even  this 


24 A  HISTORY  OF  TEXAS 

small  number  of  soldiers  seems  to  have  contributed  to 
the  failure  of  the  mission,  for  outrages  committed  by 
them  among  the  Indians  rendered  it  unpopular.  More- 
over, the  Indians  were  unwilling  to  live  in  communities, 
as  the  friars  proposed,  and  drouth  and  flood  alternately 
added  to  the  difficulties  encountered.  In  October, 
1693,  the  mission  was  abolished  by  order  of  the  viceroy. 
Father  Massanet  applied  the  torch  to  the  buildings  in 
order  that  they  might  not  become  the  nucleus  for  a 
new  colony  of  the  French,  and  thus  the  fate  of  the  first 
Spanish  attempt  at  colonization  in  East  Texas  was  very 
much  the  same  as  that  of  Fort  St.  Louis.  But  from 
this  contact  with  the  Tejas  Indians  came  one  permanent 
result.  The  Spaniards  began,  during  this  period,  to 
refer  to  the  region  by  the  name  of  the  Mission  San 
Francisco  de  los  Tejas,  shortening  it,  as  was  their  habit, 
to  Tejas  (Texas).  In  time  this  became  its  permanent 
designation. 

More  than  twenty  years  were  to  pass  before  a  real 
beginning  was  made  in  the  colonization  of  Texas. 
Meantime  a  start  had  been  made  by  the  French  in 
Louisiana.  A  French  fort  was  built  at  Biloxi  in  1699, 
and  a  little  later  the  colony  there  was  moved  to  Mobile 
bay.  From  this  base  during  the  next  fifteen  years  the 
French  explored  much  of  the  territory  along  the  rivers 
flowing  into  the  Mississippi.  French  influence  at  the 
Spanish  court,  it  is  said,  was  responsible  for  this  pro- 
gressive encroachment  of  the  French  upon  what  was 
regarded  as  Spanish  territory.  In  any  event,  the  French 
were  soon  very  firmly  established  on  the  gulf  coast,  and 
La  Salle's  original  dream  was  on  the  way  toward  reali- 
zation. 


AFTER  THREE  CENTURIES 25 

When  Antoine  Crozart,  in  1712,  obtained  from  the 
king  of  France  a  monopoly  of  the  trade  of  Louisiana 
for  fifteen  years,  the  newly  appointed  governor  of  the 
province,  De  la  Mothe  Cadillac,  sought  to  open  up  com- 
merce with  the  Spanish  settlements  in  Mexico,  and  it 
was  this  effort  which  led  ultimately  to  the  first  suc- 
cessful colonization  of  Texas.  Cadillac  sent  a  ship  to 
Vera  Cruz  and  applied  directly  to  the  viceroy  with  a 
proposal  to  establish  commercial  relations  between 
Louisiana  and  Mexico.  To  have  agreed  to  this,  the 
viceroy  would  have  been  compelled  to  set  aside  the 
settled  policy  of  Spain  with  respect  to  her  colonies,  so 
the  proposal  was  rejected. 

It  seemed  that  the  whole  idea  would  have  to  be 
abandoned,  when  there  fell  into  Cadillac's  hands  a  let- 
ter which  had  been  dispatched  to  the  priests  of  Louisi- 
ana some  time  before  by  Father  Francisco  Hidalgo,  who 
had  been  one  of  Father  Massanet's  companions  at  the 
Mission  San  Francisco  de  los  Tejas,  and  which  put  an- 
other idea  into  Cadillac's  head.  The  letter  was  simply 
a  request  that  the  Louisiana  priests  make  an  attempt  to 
pacify  the  tribes  hostile  to  the  Asinai  Indians,  pointing 
out  that  the  French  were  nearer  to  those  tribes  than 
the  Spaniards.  This  letter,  and  another  which  Father 
Hidalgo  had  addressed  to  the  governor  of  Louisiana 
himself,  but  which  never  reached  its  destination,  have 
been  interpreted  as  deliberate  overtures  to  the  French 
to  settle  in  Spanish  territory,  with  the  idea  that  it  would 
arouse  the  Spanish  authorities  to  make  another  attempt 
to  plant  a  mission  in  Texas.  Whatever  Father  Hidal- 
go's purpose  may  have  been,  his  letter  caused  Cadillac 
to  adopt  a  plan  of  action  which  led  to  direct  communi- 


26  A  HISTORY  OF  TEXAS 

cation  between  the  French  and  Spanish  on  the  Texas- 
Louisiana  border,  and  to  the  first  permanent  coloniza- 
tion of  Texas.  For  Cadillac  dispatched  Louis  Juche- 
reau  de  St.  Denis,  a  trusted  agent,  to  set  up  a  post  in 
that  region,  and  to  seek  out  Father  Hidalgo  with  the 
purpose  of  inducing  the  Spaniards  to  do  likewise. 

Cadillac's  agent  was  well  chosen.  Not  only  was  St. 
Denis  a  seasoned  frontiersman,  but  he  was  a  skilled 
trader  and  a  man  of  engaging  personality.  He  set 
about  his  task  with  characteristic  zeal,  and  late  in  1713 
he  planted  a  post  among  the  Natchitoches  Indians  on 
the  Red  river.  He  then  proceeded  into  Texas  in  search 
of  Father  Hidalgo.  Accompanied  by  a  party  of  Asinai 
Indians  and  three  Frenchmen,  two  of  whom  were  the 
survivors  of  La  Salle's  colony  found  among  the  Indians 
by  Leon  twenty-five  years  before,  St.  Denis  crossed  the 
Rio  Grande,  and  proceeded  to  the  Mission  San  Juan 
Bautista,  in  Coahuila.  He  did  not  find  Father  Hidalgo, 
who  was  absent,  but  he  was  well  received  by  the  other 
priests,  and  by  Capt.  Diego  Ramon,  in  command  of 
the  presidio.  Whether  St.  Denis  disclosed  boldly  that 
his  real  purpose  was  to  obtain  the  establishment  of  an 
illegal  trade  between  Louisiana  and  the  Spaniards  of 
northern  Mexico  will  never  be  known,  but  such  was 
the  result  of  his  trip. 

Captain  Ramon  notified  the  authorities  at  the  City 
of  Mexico  of  St.  Denis's  presence,  and  asked  for  instruc- 
tions, meantime  detaining  the  Frenchman  in  Coahuila. 
St.  Denis  himself  improved  the  time  by  making  love 
to  the  captain's  grand-daughter,  and  he  succeeded  so 
well  that  she  subsequently  became  his  wife.  Conducted 
to  the  City  of  Mexico,  under  guard,  he  apparently  con- 


AFTER  THREE  CENTURIES 27 

vinced  the  viceroy  and  other  authorities  that  he  had  no 
purposes  unfriendly  to  Spain.  In  any  event,  in  April, 
1716,  nearly  two  years  after  his  arrival  in  Coahuila, 
St.  Denis  had  the  satisfaction  of  starting  back  to  Eastern 
Texas  as  the  paid  guide  of  an  expedition  to  establish 
Spanish  missions  in  that  region.  Evidently,  whatever 
else  the  Spanish  authorities  thought,  they  concluded 
that,  with  the  French  planted  on  Red  river,  the  terri- 
tory between  that  stream  and  the  Rio  Grande  should 
be  settled  at  once. 

The  expedition  consisted  of  sixty-five  persons,  and 
was  under  command  of  Capt.  Domingo  Ramon,  a 
relative  of  the  commander  of  the  presidio,  and  of  St. 
Denis's  wife.  Nine  Franciscan  friars,  headed  by  Father 
Espinosa  and  Father  Margil,  and  including  Father 
Hidalgo,  constituted  the  missionary  contingent  of  the 
party.  They  took  with  them  full  equipment  for  the 
establishment  of  a  number  of  missions,  including  about 
a  thousand  head  of  livestock,  consisting  of  cattle,  sheep 
and  goats. 

When  the  expedition  arrived  in  the  region  of  the 
Neches  and  Angelina  rivers,  sites  were  chosen  for  four 
missions  and,  with  the  help  of  friendly  Indians,  ground 
was  cleared  and  rude  structures  erected.  These  were 
given  the  names  of  Nuestra  Senora  de  la  Guadalupe, 
La  Purisima  Concepcion,  San  Jose  and  San  Francisco 
de  los  Neches,  the  latter  being  a  revival  of  the  Mission 
San  Francisco  de  los  Tejas  on  a  different  site.  Farther 
east,  nearer  the  French  territory,  another  mission,  that 
of  Nuestra  Senora  de  los  Dolores,  was  established  and, 
convenient  to  the  whole  group,  a  presidio  or  fort  was 
built.    Finally,  proceeding  to  St.  Denis's  post  of  Natchi- 


28  A  HISTORY  OF  TEXAS 

toches  on  the  Red  river,  the  eastern  outpost  of  the 
Spanish  domain  was  established  by  planting  a  mission 
in  the  valley  of  the  Sabine,  and  east  of  that  river,  at 
Los  Adaes.  The  site  was  within  fifteen  miles  of  the 
French  post,  and  was  known  as  the  Mission  San  Miguel 
de  Linares.  The  town  of  Robeline,  La.,  now  stands 
on  this  spot,  the  strip  of  land  east  of  the  Sabine  becom- 
ing part  of  Louisiana  by  the  treaty  with  the  United 
States  in  1819. 

So  at  last  a  Spanish  center  was  established  in  Texas. 
It  was  soon  to  be  followed  by  another,  for  it  was  recog- 
nized that  a  half-way  point  was  needed  to  break  the  long 
journey  from  the  Mission  San  Juan  Bautista,  just  south 
of  the  Rio  Grande.  Indeed,  en  route  to  the  French  bor- 
der, Ramon  and  St.  Denis  had  noted  that  San  Pedro 
springs,  on  the  San  Antonio  river,  would  make  a  splen- 
did site  for  a  settlement.  Accordingly,  in  the  spring 
of  1718,  an  expedition  under  Martin  de  Alarcon,  gov- 
ernor of  Coahuila,  established  the  presidio  of  San  An- 
tonio de  Bexar  on  that  site,  and  Father  Olivares  trans- 
ferred a  party  of  Franciscan  friars  from  the  Mission 
San  Francisco  Colano,  on  the  Rio  Grande,  and  founded 
the  Mission  San  Antonio  de  Valera  beside  the  presidio. 

This  was  the  beginning  of  the  city  of  San  Antonio. 
In  time  a  number  of  other  missions  clustered  around  the 
presidio,  most  of  them  moving  there  after  being  first 
established  at  other  points  in  Texas.  These  included 
some  of  those  established  by  Ramon's  expedition  which 
already  have  been  mentioned.  Then,  in  1731,  in  addi- 
tion to  the  presidio  and  the  mission — military  and  ec- 
clesiastical establishments,  respectively  —  there  was 
founded  a  civil  settlement — the  villa  of  San  Fernando. 


AFTER  THREE  CENTURIES  29 

From  the  very  first  San  Antonio  was  the  chief  Span- 
ish settlement  in  Texas.  Indeed,  it  was  almost  the  only 
genuinely  permanent  settlement,  for  the  other  two  set- 
tlements existing  in  1820 — Nacogdoches  and  La  Bahia 
(Goliad) — were  of  very  uncertain  population  and  in- 
capable of  defense  against  a  force  of  any  consequence. 
But  San  Antonio  was  firmly  planted.  It  was  the  cen- 
ter of  supplies  for  all  the  other  settlements,  whether 
missions  or  presidios,  and  it  was  the  haven  to  which 
settlements  were  moved  when,  for  any  reason,  they 
were  abandoned.  It  was  only  through  San  Antonio  de 
Bexar  that  there  may  be  said  to  have  been  any  permanent 
Spanish  occupation  of  Texas  at  all. 

During  the  remainder  of  the  eighteenth  century 
more  than  a  score  of  missions  and  presidios  were  estab- 
lished by  the  Spaniards  in  different  parts  of  Texas,  only 
to  be  abandoned  later  or  moved  to  San  Antonio  for  one 
reason  or  another.  Most  of  these  were  in  the  eastern 
section,  but  attempts  were  made  also  to  plant  missions 
among  the  Apaches  and  the  Comanches  in  the  west. 
The  warlike  character  of  these  Indians  doomed  these 
attempts  to  failure  from  the  start,  and  even  in  East 
Texas  it  can  not  be  said  that  the  missions  were  more 
than  temporarily  successful.  Splendid  work  was  done 
by  the  self-sacrificing  friars,  to  be  sure,  in  pacifying 
and  civilizing  the  Indians.  The  record  of  their  labors 
is  a  glorious  page  in  the  Spanish  history  of  Texas.  But 
not  much  of  it  was  self-supporting  and  frequently  in- 
vestments of  comparatively  large  amounts  of  money, 
to  say  nothing  of  the  investment  of  labor,  were  brought 
to  naught  by  failure  in  the  end.  The  purpose  of  the 
missions  was  to  Christianize  the  Indians  and  to  civilize 


30  A  HISTORY  OF  TEXAS 

them  in  the  sense  of  inducing  them  to  live  in  com- 
munities, but  their  success  in  doing  either  was  hardly 
permanent  in  character.  Nor  can  it  be  said  that  they 
had  a  permanent  effect  upon  the  settling  of  the  coun- 
try. It  was  the  presidio  at  San  Antonio  that  made  that 
settlement  the  center,  and  neither  La  Bahia  nor  Nacog- 
doches developed  from  missions.  In  1785  there  were 
fewer  than  five  hundred  Indians  attached  to  all  the 
missions  in  Texas,  whereas  twenty  years  before  there  had 
been  more  than  two  thousand.  The  number,  both  of 
missions  and  of  Indians  attached  to  them,  had  been  fur- 
ther reduced  when  Spain  secularized  the  missions  in 
1794.  A  few  of  them  persisted  after  that  date,  but  all 
had  disappeared  by  1820. 

Spain  made  sporadic  efforts  during  the  whole  period 
to  promote  immigration  and  colonization  in  Texas,  but 
the  population  did  not  grow,  nor  did  any  very  material 
permanent  development  result.  The  hostility  of  the 
Indians  was  the  chief  cause  of  this  failure,  but  it  must 
be  admitted  that  the  transfer  of  Louisiana  to  Spanish 
rule,  in  1763,  and  the  Spanish  occupation  of  that  rich 
province  for  forty  years  thereafter,  made  the  coloniza- 
tion of  Texas  of  little  immediate  importance,  and  this 
undoubtedly  had  much  influence  upon  Spanish  effort 
in  Texas.  It  ceased  to  be  border  territory  when  Spain 
took  possession  of  Louisiana,  of  course.  Had  the 
French  remained  in  control  of  Louisiana,  and  had  not 
Spanish  effort  been  directed  so  decidedly  toward  the 
development  of  that  province,  the  history  of  Texas 
between  1763  and  1803  might  have  been  a  record 
of  greater  progress.  But  whatever  the  cause,  the 
Spanish  effort  to  colonize  Texas  had  not  been  bril- 


AFTER  THREE  CENTURIES 31 

liantly  successful.  In  1820  the  population  of  the 
province  was  waning,  and  it  had  been  falling  off  for 
several  years. 

Two  events  should  be  recorded  here  because  of  their 
relation  to  the  aspect  Texas  presented  in  1820.  One 
of  these  came  shortly  after  the  founding  of  San  An- 
tonio. In  1719  war  between  Spain  and  France  broke 
out  in  Europe,  and  there  was  some  echo  of  it  in  the 
colonies  in  America.  The  French  at  Natchitoches 
showed  signs  of  attacking  the  Spanish  settlement  at  Los 
Adaes  and,  without  waiting  to  make  any  resistance,  the 
Spaniards  at  that  place,  and  from  all  the  settlements 
in  East  Texas,  fled  to  San  Antonio.  Meantime,  an 
expedition  was  sent  from  Louisiana  to  establish  a  French 
fort  on  the  Texas  coast,  near  the  site  of  La  Salle's  old 
colony.  Hostile  Indians  prevented  this  move,  but 
after  the  restoration  of  peace  between  France  and  Spain 
in  Europe,  when  the  Spaniards  reoccupied  East  Texas, 
the  Marques  of  Aguayo,  governor  of  Coahuila,  built  a 
presidio  at  that  point.  This  was  the  beginning  of  Bahia 
del  Espiritu  Santo,  shortened  by  popular  usage  into  La 
Bahia.  The  Indians  forced  the  Spaniards  to  move,  just 
as  they  had  the  French,  and  the  presidio  was  reestab- 
lished further  inland.  In  1749  it  was  moved  again,  this 
time  to  the  present  site  of  the  town  of  Goliad. 

The  other  event  referred  to  was  the  withdrawal  of 
the  Spanish  settlements  from  East  Texas  after  the  trans- 
fer of  Louisiana  to  Spanish  rule,  and  the  subsequent 
reoccupation  of  that  section  by  its  former  inhabitants. 
The  weakness  of  the  frontier  against  Indian  depreda- 
tions, the  comparative  failure  of  the  remaining  mis- 
sions, the  expense  of  maintaining  the  presidio  at  Los 


32 A  HISTORY  OF  TEXAS 

Adaes,  and  the  fact  that  the  boundary  between  Louisi- 
ana and  Texas  had  lost  its  importance  through  the  with- 
drawal of  the  French  from  North  America,  led  to  the 
creation  of  a  new  frontier  by  royal  order  in  1772.  This 
order  provided  for  the  abandonment  of  East  Texas  en- 
tirely, and  the  fixing  of  the  Texas  frontier  along  a 
line  extending  from  San  Antonio  de  Bexar  to  La  Bahia. 
The  presidio  at  Los  Adaes  was  abolished,  and  the  settlers 
in  East  Texas  were  ordered  to  move  to  lands  around 
San  Antonio.  To  do  this  meant  great  sacrifice  and 
hardship  for  these  people,  for  they  would  be  compelled 
to  abandon  their  homes,  leaving  their  crops  in  the  fields, 
and  to  lose  the  fruits  of  years  of  labor.  Many  of  them 
had  been  born  in  East  Texas,  and  therefore  felt  a  nat- 
ural attachment  to  the  region.  But,  in  spite  of  all  this, 
it  had  been  decided  that  they  must  leave  it.  Antonio 
Gil  Ybarbo,  a  prosperous  ranchman,  and  a  native  of  East 
Texas,  led  in  attempting  to  obtain  a  stay  of  the  royal 
order.  The  order  was  carried  out  in  1773,  however, 
and  the  entire  population,  with  the  exception  of  a  few 
persons  who  fled  to  the  woods,  and  others  who  were 
temporarily  left  at  points  along  the  way  because  of  ill- 
ness, was  moved  to  San  Antonio.  But  Ybarbo  and  others 
who  had  most  at  stake  continued  to  importune  the  cen- 
tral government  to  permit  them  to  return,  and  Ybarbo 
went  to  Mexico  City  to  obtain  the  viceroy's  consent  to 
this.  After  much  controversy  between  conflicting  au- 
thorities, Ybarbo  and  a  number  of  the  East  Texans  were 
permitted  to  establish  themselves  on  the  banks  of  the 
Trinity  river,  somewhere  in  the  neighborhood  of  the 
present  counties  of  Walker  and  Madison.  They 
founded  the  pueblo  of  Pilar  de  Bucareli,  which  had  an 


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AFTER  THREE  CENTURIES 33 

existence  of  varied  fortunes  from  1774  until  the  end 
of  1778.  The  Comanche  Indians  raided  the  place  in 
the  latter  year,  and  became  so  menacing  that  the  settlers 
petitioned  to  be  allowed  to  move  further  east.  Indeed, 
in  January  and  February,  1779,  without  awaiting  offi- 
cial sanction,  they  moved  to  the  site  of  the  "depopulated 
mission  of  Nacogdoches." 

Immediately  following  their  exodus,  the  town  of 
Bucareli  was  inundated  by  an  overflow  of  the  Trinity, 
and  this  circumstance  was  added  to  the  considerations 
which  induced  the  authorities  finally  to  approve  the 
reestablishment  of  the  pueblo  on  the  new  site.  Ybarbo 
found  the  mission  at  Nacogdoches  still  standing,  and 
eighty  or  ninety  wooden  houses.  He  does  not  mention 
a  stone  fort,  which  figured  prominently  in  the  subse- 
quent history  of  Nacogdoches,  and  this  seems  to  have 
been  built  at  a  later  date.  But  it  was  this  migration 
which  rejuvenated  Nacogdoches,  and  the  town  has  been 
in  continuous  existence  ever  since. 

San  Antonio,  La  Bahia,  Nacogdoches — these  consti- 
tuted the  total  result  of  Spanish  colonization  in  Texas 
when  Moses  Austin  crossed  the  Sabine  in  1820.  In 
consequence  of  Long's  escapade  the  year  before,  and 
of  other  similar  activities  from  across  the  Sabine,  the 
latter  place  was  in  ruins,  only  five  houses  and  a  church 
standing  entire.  The  country  between  Nacogdoches 
and  San  Antonio  was  a  complete  wilderness,  and  to  the 
west  from  San  Antonio  there  were  no  settlements  at  all. 
The  Apaches,  Comanches  and  other  hostile  Indians  were 
in  undisputed  possession  there,  and  they  did  not  hesi- 
tate even  to  make  raids  upon  San  Antonio  itself.    The 


34  A  HISTORY  OF  TEXAS 

abandoned  missions,  east  and  west,  were  mute  witnesses 
of  the  failure  of  the  Spanish  effort  at  colonizing  Texas. 
During  the  same  period  the  Anglo-Americans  had 
peopled  half  the  continent  with  a  population  of  ten 
million.  They  had  now  arrived  at  the  Texas  frontier, 
and  Moses  Austin  was  on  his  way  to  San  Antonio  to 
announce  their  advent  to  the  governor. 


CHAPTER  III. 

TWO  DECADES  OF   FRICTION. 

In  order  to  appreciate  the  daring  character  of  the 
undertaking  upon  which  Moses  Austin  had  launched — 
his  journey,  alone  and  unguarded,  through  the  Texas 
wilderness,  and  his  decision  to  lay  before  the  Spanish 
authorities  the  audacious  proposal  to  settle  Americans 
in  that  province — it  is  necessary  to  understand  that 
Americans  were  the  most  unpopular  people  in  the  world 
among  the  officials  of  New  Spain  in  1820,  and  that  the 
one  place  in  Mexico  more  than  any  other  where  Ameri- 
cans were  unwelcome  was  Texas. 

This  unpopularity  began  in  friction  over  the  boun- 
dary of  West  Florida  immediately  after  the  Revolu- 
tionary war;  it  was  intensified  by  the  controversy  over 
the  navigation  of  the  Mississippi,  and  by  the  transfer 
of  Louisiana,  and  everything  that  had  happened  be- 
tween the  latter  event  and  1820  had  served  to  increase 
the  feeling  of  antipathy  and  suspicion  with  which  the 
Spaniards  regarded  the  Americans.  When  it  is  consid- 
ered that  the  area  of  the  United  States  was  more  than 
doubled  between  1800  and  1820,  and  that  every  inch 
of  new  territory  annexed  during  those  twenty  years  was 
under  Spanish  rule  in  1800,  it  is  hardly  to  be  wondered 
at  that  the  Spaniards  should  be  just  a  little  suspicious  of 
American  intentions  with  respect  to  Texas. 

That  Napoleon  treated  Spain  rather  shabbily  in  the 
Louisiana  matter  can  not  be  denied,  for  the  transfer  to 

35 


36 A  HISTORY  OF  TEXAS 

France  was  made  reluctantly,  and  with  a  stipulation 
in  the  treaty  that  the  province  should  not  be  ceded  to 
any  third  power  without  Spain's  consent.  The  ink  was 
hardly  dry  on  the  paper  of  the  treaty  when  Napoleon 
sold  Louisiana  to  the  United  States.  Spain  objected 
very  decidedly  to  the  transfer,  and  it  was  not  until 
two  months  after  the  United  States  was  in  actual  pos- 
session of  Louisiana  that  Spain  notified  the  American 
minister  that  "the  opposition  of  his  Catholic  majesty 
to  the  alienation  of  Louisiana  was  withdrawn,  in  spite 
of  the  solid  reasons  on  which  it  was  founded."  Spain 
was  in  no  position  to  quarrel  with  Napoleon.  But  the 
Spaniards,  especially  those  in  the  colonial  service,  con- 
tinued to  resent  being  forced  to  give  up  Louisiana. 

The  earliest  instance  of  a  clash  between  Americans 
and  the  Spaniards  in  Texas,  however,  antedated  the 
Louisiana  purchase.  In  1800  Philip  Nolan,  who  had 
conducted  an  unlawful  trade  between  Natchez  and  San 
Antonio  for  some  years,  invaded  Texas  with  a  force  of 
twenty-one  men  on  a  mission,  the  character  of  which 
has  never  been  satisfactorily  explained.  The  Spanish 
authorities,  in  any  event,  were  informed  by  a  deserter 
from  Nolan's  party  that  his  purpose  was  to  build  a  fort 
in  Northeast  Texas  to  serve  as  a  base  for  the  conquer- 
ing of  the  province  at  some  later  date,  and  they  acted 
upon  that  information.  Nolan  penetrated  Texas  as  far 
as  the  Brazos  and  established  a  camp.  After  capturing 
about  three  hundred  wild  horses,  the  party  moved  to  a 
village  of  Comanche  Indians  on  Red  river,  where  they 
spent  a  month,  and  then  returned  to  the  camp  on  the 
Brazos.  Meantime  the  Spanish  authorities,  being  ap- 
prised of  their  presence,  sent  a  force  of  one  hundred 


TWO  DECADES  OF  FRICTION 37 

men  from  Nacogdoches  to  find  them.  On  March  21, 
1801,  the  Spaniards  came  upon  Nolan's  camp,  which 
was  situated  near  the  point  where  the  city  of  Waco  now 
stands,  and  a  battle  ensued.  Nolan  was  killed  and  the 
members  of  his  party  captured.  Three  Americans  es- 
caped shortly  after  the  battle,  and  the  remainder  of  the 
party,  consisting  of  eight  Americans,  one  Mexican  and 
one  Louisiana  Creole,  were  taken  to  Nacogdoches. 
From  there  they  were  sent  to  San  Antonio  in  irons,  and 
later  were  moved  to  San  Luis  Potosi.  After  spending 
sixteen  months  in  prison  they  were  moved  again,  and 
in  1804  were  given  a  trial  and  their  release  was  or- 
dered. This  was  objected  to  by  the  commandant  of 
the  internal  provinces,  and  the  matter  was  referred  to 
Spain.  Finally,  in  1807,  the  decision  came  from  Spain 
that  one  man  of  each  five  should  be  executed,  the  choice 
to  be  made  by  lot,  and  that  the  others  should  serve  ten 
years  at  hard  labor.  This  meant  that  two  out  of  the 
ten  should  be  chosen,  but  inasmuch  as  one  had  died  in 
the  meantime,  the  authorities  decided  that  the  execu- 
tion of  one  would  satisfy  the  decree.  The  choice  fell 
upon  Ephraim  Blackburn,  and  he  was  hanged  at  Chi- 
huahua on  November  11,  1807.  The  others  were  sent 
to  different  penal  settlements,  and  one  of  them,  Ellis 
Bean,  subsequently  took  part  in  the  revolution  of  Mo- 
rales in  1812,  and  later  served  as  an  officer  in  the  Mexi- 
can army. 

Meantime,  following  the  Louisiana  purchase,  the 
controversy  which  arose  over  the  boundaries  of  both 
Florida  and  Texas  did  much  to  keep  alive  the  ani- 
mosity of  the  Spaniards.  There  were  clashes  on  the 
Texas  border,   and   for  a  time  war  seemed  certain. 


38 A  HISTORY  OF  TEXAS       

Finally,  when  Spanish  troops  were  prevented  from  oc- 
cupying Los  Adaes,  and  the  American  commander  in- 
sisted that  they  should  remain  on  the  western  side  of 
the  Sabine,  an  agreement  was  reached  by  which  the  land 
lying  between  the  Sabine  and  the  Arroyo  Hondo,  the 
old  French  boundary,  was  declared  a  neutral  zone  which 
neither  should  occupy  until  the  dispute  could  be  settled. 
This  agreement,  made  between  Gen.  James  Wilkin- 
son, commander  in  chief  of  the  American  army,  and 
General  Herrera,  the  Spanish  commander,  was  subse- 
quently ratified  by  both  governments,  with  the  stipu- 
lation that  it  should  remain  in  effect  until  the  boundary 
could  be  fixed  by  treaty.  It  was  in  this  way  that  the 
so-called  "neutral  ground"  was  created  in  1806. 

But  several  years  were  to  pass  before  such  a  treaty 
was  signed.  In  the  spring  of  1808  Spain  was  thrown 
into  a  condition  of  civil  war  by  the  action  of  Napoleon 
in  attempting  to  inflict  his  brother,  Joseph  Bonaparte, 
upon  the  Spaniards  as  their  king,  and  for  four  years 
thereafter  the  country  was  the  battleground  of  the 
Peninsular  war  between  the  French  and  the  English. 
Joseph  Bonaparte's  government  was  challenged  from 
the  start  and  was  recognized  by  only  a  small  class  in 
Spain.  At  one  time  there  were  as  many  as  three  con- 
flicting authorities  presuming  to  rule  the  country,  and 
meantime  all  of  Spanish  America  sprang  into  revolu- 
tion and  began  a  struggle  for  independence.  Disputes 
over  colonial  boundaries  became  small  matters,  and 
when  the  treaty  was  finally  taken  up  again  all  kinds 
of  obstacles  arose  to  prevent  an  agreement.  The  "neu- 
tral ground,"  therefore,  was  for  thirteen  years  a  "no- 
man's  land,"  over  which  no  nation  exercised  authority. 


TWO  DECADES  OF  FRICTION  39 

i — — wmmmmmimm  ■    — p— p— — — ■» ———————— I—— — immmm* 

It  became  the  rendezvous  of  lawless  characters,  who 
engaged  in  every  manner  of  illegal  activity,  and  who 
preyed  upon  the  people  of  both  Louisiana  and  Texas. 
This  was  a  source  of  much  irritation  throughout  the 
period. 

Immediately  following  the  establishment  of  the  neu- 
tral ground  a  sensation  was  created  throughout  the 
United  States,  and  in  Spain  and  Mexico,  by  the  arrest 
of  Aaron  Burr,  who  had  been  vice  president  of  the 
United  States  during  Jefferson's  first  administration, 
on  a  charge  of  conspiracy  and  treason.  The  charge 
was  that  Burr  had  attempted  to  set  on  foot  an  expedi- 
tion into  the  Southwest  with  the  purpose  of  establishing 
an  empire  of  which  he  should  be  the  ruler.  This 
scheme,  it  was  said,  proposed  to  include  the  seizure  of 
Texas  and  other  Spanish  territory,  as  well  as  certain 
territory  belonging  to  the  United  States.  The  tech- 
nical charge  of  treason  was  not  proved  against  Burr, 
but  enough  was  brought  out  to  show  that  he  and 
those  associated  with  him  had  seriously  contemplated 
some  such  project,  and  that  apparently  a  large  number 
of  persons  in  the  Southwest  had  regarded  it  as  feasible. 
How  these  revelations  were  received  in  Spain  and  Mex- 
ico can  easily  be  imagined.  They  seemed  to  justify 
Spanish  fears  and  suspicions,  and  the  fact  that  Burr 
was  acquitted  was  regarded  as  having  a  sinister  sig- 
nificance. 

In  the  midst  of  the  Bonaparte  controversy  in  Spain, 
and  when  all  the  Spanish  colonies  in  South  America 
were  rising  in  revolution,  the  English  settlers  in  part 
of  West  Florida  held  a  convention  in  1810  and  declared 
themselves  free  and  independent.     They  sent  a  com- 


40  A  HISTORY  OF  TEXAS 

munication  to  the  president  of  the  United  States,  James 
Madison,  asking  that  they  be  recognized  as  such,  but 
instead  of  granting  their  request,  Madison  instructed 
Governor  Claiborne  of  Louisiana  to  send  a  military 
force  into  the  district  and  take  possession  on  the  ground 
that  it  was  properly  a  part  of  the  Louisiana  purchase. 
Troops  were  sent  and  two  years  later  the  occupied  ter- 
ritory was  extended.  Spain  protested  against  this  ac- 
tion as  high-handed  and  unwarranted,  but  the  American 
troops  remained.  This  territory  was  finally  ceded  to 
the  United  States  with  the  rest  of  Florida,  in  1819, 
but  the  incident  was  added  to  the  list  of  Spanish 
"grievances." 

During  the  early  negotiations  over  the  western  boun- 
dary of  Louisiana,  the  American  government  had  set 
up  a  claim  to  the  whole  of  Texas  to  the  Rio  Grande, 
and  the  growth  of  the  idea  among  the  American  people 
that  Texas  was  really  included  in  the  purchase  of  Louisi- 
ana, and  that  the  Spaniards  were  usurpers  of  American 
rights,  did  not  serve  to  put  the  latter  in  a  better  humor. 
Finally,  the  activity  of  American  adventurers  in  con- 
nection with  attempted  revolutions  in  Mexico,  which 
went  even  to  the  extent  of  invading  Texas,  served  to 
increase  Spanish  aversion  and  suspicion. 

In  the  summer  of  1810  Miguel  Hidalgo,  parish  priest 
of  the  town  of  Dolores,  in  the  province  of  Guanajuato, 
Mexico,  appeared  at  the  head  of  a  revolt  of  native 
Mexicans  who  rallied  to  the  cry,  "Death  to  the  Span- 
iards!" He  gathered  a  considerable  force  around  him 
and  for  a  time  made  much  headway.  But  the  Spanish 
authorities  put  down  the  movement  in  a  crushing  man- 


TWO  DECADES  OF  FRICTION  41 

ner,  and  Hidalgo  was  captured  and  executed  in  July, 
1811.  However,  the  spirit  of  revolt  had  gotten  abroad, 
and  in  1813  Jose  Maria  Morelos,  another  priest,  took 
up  Hidalgo's  cry,  and  called  a  Mexican  congress.  It 
met  on  September  13,  1813,  and,  although  there  were 
only  eight  delegates  present,  they  declared  Mexico  in- 
dependent of  Spain.  This  movement,  too,  was  success- 
ful for  a  time,  but  in  eighteen  months  it  had  been  com- 
pletely suppressed,  and  Morelos  was  executed  in  De- 
cember, 1815.  After  that  there  were  sporadic  out- 
bursts here  and  there  in  Mexico,  and  small  groups  con- 
tinued to  agitate  revolution,  but  nothing  more  of  a  for- 
midable character  had  appeared  in  the  interior  of 
Mexico  up  to  1820. 

One  of  Hidalgo's  associates,  Bernardo  Gutierres,  es- 
caped to  the  United  States  in  1811  and  made  his  way 
to  Natchitoches,  La.,  just  on  the  edge  of  the  neutral 
ground.  From  that  vantage  point  he  proceeded  to  plan 
an  invasion  of  Mexico  through  Texas.  He  found  many 
Americans  ready  to  become  associated  with  such  an 
enterprise,  not  so  much  because  of  sympathy  with  the 
cause  of  revolution  in  Mexico,  as  because  it  supplied 
an  excuse  for  the  invasion  of  Texas.  It  was  the  popu- 
lar American  view  at  that  time  that  if  Mexico  ob- 
tained independence  of  Spain  there  would  be  little  dif- 
ficulty in  fixing  the  American  boundary  at  the  Rio 
Grande,  and,  besides,  a  "grateful  people"  could  be  ex- 
pected to  reward  their  "deliverers."  At  Natchitoches 
Gutierres  made  the  acquaintance  of  Lieut.  Augustus 
Magee,  an  American  officer  who  was  stationed  there, 
and  who  had  had  some  experience  in  hunting  criminals 
on  the  neutral  ground.       Together  they  formed  the 


42  A  HISTORY  OF  TEXAS 

—— ■— ■ ■     ■ — iii         i    ii  ■        .1.1   ■     i.i.i.         hi    ii  i  mil  n 

plan  to  organize  a  force  for  an  expedition  into  Texas, 
Magee  having  resigned  from  the  United  States  army 
in  order  to  undertake  it. 

The  denizens  of  the  neutral  ground  were  the  nucleus 
around  which  their  army  was  recruited,  about  one  hun- 
dred and  fifty  of  these  adventurers  forming  the  first 
contingent  which  Gutierres  led  across  the  border  in 
person.  In  August,  1811,  Gutierres  took  possession  of 
Nacogdoches,  the  Spanish  troops  there  fleeing  without 
showing  fight.  Magee,  who  had  been  busy  recruiting, 
soon  joined  him  with  additional  forces,  and  the  party 
proceeded,  first  to  the  fort  at  the  crossing  of  the  Trin- 
ity, known  as  Spanish  Bluff,  and  then  to  La  Bahia. 
With  the  force  that  Magee  had  brought,  and  recruits 
obtained  at  Nacogdoches,  they  numbered  eight  hun- 
dred. Magee  was  the  real  leader  of  the  party,  though 
Gutierres  was  nominally  commander  in  order  to  give 
the  expedition  the  semblance  of  being  officially  part  of 
the  Mexican  revolution.  Magee's  subordinate  officers  in- 
cluded Major  Kemper  and  Captains  Perry,  Lockett, 
Ross  and  Gaines. 

Governor  Salcedo,  of  the  province  of  Texas,  had 
been  notified  of  the  projected  invasion,  and  he  went 
in  person  to  take  command  of  the  troops  at  La  Bahia. 
Leaving  the  fort  practically  unguarded,  he  sallied  forth 
to  intercept  the  invaders,  but  Magee  got  word  of  this 
and,  by  a  roundabout  movement,  succeeded  in  passing 
Salcedo  without  being  discovered,  and  easily  took  pos- 
session of  La  Bahia  during  the  Spaniard's  absence.  Sal- 
cedo returned  and  began  a  siege  which  lasted  four 
months.    Several  attacks  were  made,  during  which  the 


TWO  DECADES  OF  FRICTION 43 

Spaniards  suffered  heavy  losses,  and  finally,  after  an 
unsuccessful  attempt  to  induce  the  members  of  the 
party  to  lay  down  their  arms  and  return  peacefully  to 
the  United  States,  Salcedo  marched  away  toward  San 
Antonio,  Magee  died  during  this  siege,  one  story  being 
that  he  committed  suicide  after  his  companions  refused 
to  accept  Salcedo's  offer  to  permit  them  to  leave  Texas 
unmolested. 

Major  Kemper  now  took  command,  always  keeping 
up  the  subterfuge  of  Gutierres's  leadership.  New  re- 
cruits flocked  to  the  movement,  including  a  party  of 
Indians.  In  March,  1813,  the  invading  army  arrived 
outside  of  San  Antonio  and,  after  a  decisive  battle  with 
Salcedo's  forces — known  as  the  battle  of  Rosillo — en- 
tered the  town. 

Now  Gutierres  began  to  assume  authority,  which  up 
to  that  time  had  been  only  nominal.  He  proposed  that 
Salcedo  and  his  staff  be  sent  to  New  Orleans  until  after 
the  war,  and  started  them  on  the  journey  to  the  coast 
under  guard  of  a  Captain  Delgado  and  a  party  of  Mexi- 
cans. Delgado,  it  subsequently  developed,  simply  took 
the  prisoners  a  little  way  outside  of  San  Antonio  and 
ordered  his  men  to  fall  upon  them  and  behead  them 
with  their  knives.  This  barbarous  order  was  carried 
out  in  terrible  detail,  Salcedo  and  his  entire  staff,  four- 
teen in  number,  being  murdered  and  horribly  mutilated. 

Major  Kemper  and  his  associates  were  shocked  be- 
yond expression  when  they  learned  of  this,  and  they 
placed  Delgado  under  arrest.  Delgado  made  the  de- 
fense that  Salcedo  had  executed  his  father  and  dis- 
played his  head  on  a  pole  in  San  Antonio,  and  that 
Gutierres  had  given  him  permission  to  wreak  this  ter- 


44  A  HISTORY  OF  TEXAS 

rible  vengeance.  The  Americans  then  deposed  Gu- 
tierres,  and  many  of  them,  including  Kemper,  Lockett 
and  Ross,  left  for  the  United  States. 

Captain  Perry  remained,  however,  with  a  force  said 
to  consist  of  eight  hundred  Americans,  in  spite  of  the 
defections — so  rapidly  had  reinforcements  come  from 
across  the  Sabine — and  the  invading  army  continued 
in  control  of  San  Antonio.  General  Arredondo,  com- 
mandant of  the  eastern  internal  provinces,  learning  of 
the  murder  of  Salcedo  and  his  staff,  sent  a  force  under 
General  Elisondo  to  drive  the  invaders  from  the  town 
and  to  eject  the  Americans  from  Texas.  Elisondo  ap- 
proached San  Antonio  in  June,  1813,  but  the  Ameri- 
cans met  him  and  in  a  pitched  battle  completely  de- 
feated him  and  sent  the  remnant  of  his  army  scurry- 
ing across  the  Rio  Grande. 

The  "republicans"  now  seemed  firmly  entrenched, 
being  completely  in  control  of  Texas,  and  from  this  base 
proposed  to  invade  the  interior  of  Mexico.  In  July 
Don  Jose  Alvarez  Toledo,  a  Spanish  revolutionary  who 
had  been  a  member  of  the  cortes  in  Spain,  and 
had  fled  to  the  United  States,  came  from  Louisiana 
and  established  a  governing  junta  at  San  Antonio.  He 
was  elected  commander  in  chief  of  "the  republican 
army  of  the  north,"  and  plans  were  set  under  way  to 
establish  civil  government  in  Texas  and  to  proceed  to 
carry  the  "revolution"  south  of  the  Rio  Grande.  The 
residents  of  San  Antonio  seemed  to  be  in  thorough  sym- 
pathy with  the  movement,  and  everything  was  going 
well.  With  new  forces  to  be  recruited  in  the  United 
States,  it  was  expected  that  a  triumphant  march  to 
Mexico  City  would  soon  be  started. 


TWO  DECADES  OF  FRICTION 45 

But  Arredondo  did  not  wait  for  the  "republicans" 
to  cross  the  Rio  Grande.  The  course  events  had  taken 
in  Texas  called  for  prompt  action,  so  placing  himself 
at  the  head  of  an  army,  he  proceeded  toward  San  An- 
tonio. Learning  of  his  approach,  Toledo  went  out  to 
meet  him,  and  thus  fell  into  a  trap  Arredondo  had 
prepared.  Besides  the  Americans  under  Perry,  Toledo's 
forces  consisted  of  about  twice  as  many  Mexicans  and 
a  party  of  Indians.  The  Mexicans  are  said  to  have 
fled  in  confusion  at  the  outset  of  the  battle,  and  the 
Americans  and  Indians  were  left  to  fight  Arredondo's 
superior  army  alone.  The  result  was  the  practical  de- 
struction of  the  "republican^  army.  Arredondo  took 
possession  of  San  Antonio  and  proceeded  to  chastise 
the  inhabitants  for  their  sympathy  with  the  revolution- 
ists. Perry  escaped  across  the  Sabine  with  ninety-eight 
men,  all  that  remained  of  the  Magee  expedition,  which 
at  one  time  had  numbered  nearly  a  thousand  Americans. 

This  utter  failure  of  an  enterprise  which  for  a  time 
seemed  so  successful,  and  which  excited  Americans 
throughout  the  Southwest,  put  a  quietus  upon  activities 
in  connection  with  the  revolutionary  movement  in 
Mexico.  Morelos  was  executed  in  1815  and  things 
quieted  down  in  the  interior.  But  in  1 8 1 6  a  new  activ- 
ity sprang  up  on  the  Texas  coast,  and  here  again  Ameri- 
can adventurers  played  an  important  part.  Early  in 
that  year,  Luis  de  Aury,  bearing  a  commission  from  the 
Morelos  "congress"  as  "commodore  of  the  fleet"  of 
the  revolutionary  government,  took  possession  of  Gal- 
veston island  and  established  a  base  for  operations  in 
the  gulf  against  Spanish  shipping.  He  gathered  around 
him  a  force  of  men,  said  to  have  come  from  the  four 


46 A  HISTORY  OF  TEXAS 

corners  of  the  earth,  and  among  whom  were  many 
Americans,  and  opened  up  war  on  Spanish  commerce. 
This  was  the  ostensible  aim  of  his  activities,  but  there 
is  evidence  that  the  crews  of  the  privateers  in  his  service 
were  not  particular  about  the  flag  a  prize  ship  might 
be  flying  if  it  gave  promise  of  a  rich  cargo,  and  it  is 
certain  that  a  considerable  business  was  carried  on  in 
the  smuggling  of  negroes  into  Louisiana  in  violation 
of  the  law  of  1808,  prohibiting  the  importation  of 
slaves  into  the  United  States.  The  plain  truth  is  that 
Aury's  commission  as  "commodore"  was  used  as  a  cloak 
for  piracy,  and  the  "government"  which  he  set  up  on 
Galveston  island  was  little  else  than  a  pirate  organiza- 
tion. Indeed,  it  is  said  that  a  number  of  substantial 
men  in  New  Orleans  were  interested  in  the  enterprise, 
and  that  it  was  quite  profitable. 

Aury  was  soon  joined  by  Captain  Perry,  whose  ex- 
perience in  the  Magee  expedition  apparently  had  not 
cured  him,  and  who  brought  with  him  a  force  of  one 
hundred  men.  Then  in  September,  1816,  there  arrived 
at  Galveston,  Xavier  Mina,  a  Spanish  officer  who  had 
served  in  the  Peninsular  war,  but  who  had  been  com- 
pelled to  leave  Spain  because  of  republican  ideas.  Mina 
brought  with  him  three  ships  and  a  force  of  about  two 
hundred  men. 

Mina's  purpose  was  to  invade  Mexico  from  the  coast 
south  of  the  Rio  Grande,  and  he  sought  to  enlist  Aury 
in  the  enterprise.  Aury  was  not  enthusiastic,  probably 
because  of  the  lucrative  nature  of  his  "war  on  Spanish 
commerce,"  but  he  finally  consented  to  accompany 
Mina  and  Perry.  Accordingly,  after  setting  fire  to  the 
buildings  Aury  had  erected  on  the  island,  the  party 


TWO  DECADES  OF  FRICTION 47 

started  for  the  coast  of  Tamaulipas  in  April,  1817. 
They  entered  Santander  river  and  easily  captured  the 
town  of  Soto  la  Marina,  some  distance  inland.  After 
having  landed  the  force,  however,  Aury  washed  his 
hands  of  the  undertaking  and  set  sail  for  Galveston 
island.  Mina  and  Perry  had  some  temporary  successes 
and  they  proceeded  to  the  interior,  but  Arredondo  took 
quick  and  decisive  action  in  dealing  with  this  latest 
invasion.  Mina  was  captured  and  executed  and  Perry 
escaped  across  the  Rio  Grande  with  a  remnant  of  his 
band.  The  latter  encountered  a  superior  force  of  Span- 
iards near  La  Bahia  and,  to  avoid  capture,  he  is  said 
to  have  committed  suicide,  just  as  his  erstwhile  com- 
mander, Magee,  is  said  to  have  done  four  years  before. 

Aury  hastened  back  to  Galveston  island  to  resume  his 
piratical  operations.  But  he  was  too  late.  Another 
"commodore"  with  a  revolutionary  commission  had 
seized  the  opportunity  presented  by  his  absence  and  had 
taken  possession  of  the  island.  This  was  Jean  Lafitte, 
the  famed  Barrataria  buccaneer,  who  had  been  com- 
pelled to  leave  his  old  haunts  out  of  respect  for  the 
American  navy.  Finding  himself  thus  superseded, 
Aury  transferred  his  operations  to  the  Florida  coast, 
and  Lafitte  proceeded  to  build  the  pirate  town  of  Cam- 
peche,  on  the  site  of  the  present  city  of  Galveston. 
Lafitte  organized  his  band  into  a  "government,"  and 
formally  swore  allegiance  to  the  republican  cause  in 
Mexico.  In  this  "holy"  cause  he  began  such  war  on 
Spanish  commerce  and,  incidentally,  the  commerce  of 
some  other  countries  on  the  side,  that  he  finally  attracted 
again  the  attention  of  the  American  government,  which 
ultimately  put  him  out  of  business  in  1822. 


48 A  HISTORY  OF  TEXAS 

Lafitte  was  at  Galveston  island  in  1820,  at  the  very 
moment  Moses  Austin  was  on  his  way  to  San  Antonio. 
Dr.  James  Long,  who  had  led  an  expedition  into  Texas 
the  year  before,  after  the  indignation  meeting  at 
Natchez  over  Monroe's  "surrender  of  the  rights  of  the 
United  States,"  was  in  New  Orleans  organizing  an- 
other expedition.  He  had  failed  to  interest  Lafitte  in 
his  enterprise,  but  he  had  built  a  fort  at  Bolivar  Point, 
and  was  now  recruiting  forces  for  another  effort.  He 
had  a  great  scheme  of  conquering  Texas  and  establish- 
ing a  government  that  would  sell  the  land  to  settlers 
at  one  dollar  an  acre.  Lafitte  found  the  sea  more  prof- 
itable for  the  present,  however,  though  he  told  Long 
that  he  had  his  good  wishes. 

In  all  of  these  activities  adventurous  Americans  had 
been  conspicuous.  The  Magee  expedition  was  almost 
entirely  an  enterprise  of  Americans,  many  of  Aury's 
associates  were  Americans,  Perry's  band  was  made  up 
of  Americans,  Lafitte  himself  was  nominally  an  Ameri- 
can, with  many  Americans  among  his  men,  and  finally 
Long's  project  was  an  out-and-out  American  proposi- 
tion. The  United  States  government  had  made  some 
effort  to  deal  with  these  gentlemen,  and  some  of  them 
had  been  indicted  at  New  Orleans  for  violating  the 
neutrality  laws.  But  the  Spanish  colonial  officials,  far 
from  being  reassured  by  this,  firmly  believed  the  United 
States  had  designs  on  Texas.  Whatever  Americans 
might  have  thought  of  the  treaty  of  1819,  the  officials 
of  New  Spain  saw  in  it  chiefly  another  successful  en- 
croachment upon  Spanish  territory.  Many  of  them  had 
expected  to  see  the  king  of  Spain  recover  Louisiana, 
after  the  fall  of  Napoleon,  and  had  freely  predicted 


JEAN  LAFITTE. 


TWO  DECADES  OF  FRICTION  49 

this  would  take  place,  but  instead  they  had  witnessed 
more  Spanish  territory  transferred  to  the  United  States. 
Would  Texas  be  next?  Something  of  this  sort  fairly 
represents  the  view  taken  by  Spanish  colonial  officials 
in  1820. 

Meantime,  Arredondo,  who  had  distinguished  him- 
self in  suppressing  rebels,  and  who  had  captured  Hi- 
dalgo in  1811,  had  been  commandant  of  the  eastern 
internal  provinces,  including  Texas,  for  some  time. 
He  had  had  much  trouble  with  Americans,  most  of  it, 
as  has  been  seen,  being  concerned  with  keeping  them 
out  of  Texas.  He  had  also  been  called  upon  to  eject 
a  colony  of  French  veterans  of  the  Napoleonic  wars 
who  had  settled  on  the  Trinity,  in  1818,  without  so 
much  as  awaiting  Spanish  permission  to  enter  the  prov- 
ince. But  nearly  all  his  troubles  had  been  with  Ameri- 
cans, and  he  was  determined  to  keep  them  off  Texas  soil. 
He  suspected  that  Long  was  contemplating  some  fur- 
ther move,  and  had  given  Martinez,  then  governor  of 
Texas,  the  most  emphatic  instructions  to  the  effect  that 
Americans  were  not  to  be  permitted  to  enter  Texas  un- 
der any  pretext.  Arredondo  did  not  have  a  high  opin- 
ion of  Martinez,  a  circumstance  of  which  the  latter 
was  perfectly  aware,  and  coupled  with  these  instructions 
was  the  hint  that  failure  to  obey  them  to  the  letter 
might  result  in  serious  consequences.  So  Martinez  had 
promised  faithfully  to  carry  them  out. 

Such  was  the  condition  of  affairs  when  Moses  Aus- 
tin, unannounced,  unaccompanied,  and  without  a  pass- 
port, arrived  in  San  Antonio,  sought  out  the  govern- 
ment house  and  asked  to  see  Martinez. 


CHAPTER  IV. 

MOSES  AUSTIN  LEADS  WAY. 

Who  was  this  man  Moses  Austin?  How  did  he 
come  to  the  decision  to  make  the  long  and  perilous 
journey  through  the  wilderness  to  set  before  the  au- 
thorities of  New  Spain  such  a  preposterous  proposal  as 
that  of  settling  Anglo-Americans  in  Texas?  On  what 
ground  did  he  expect  to  obtain  their  consent  to  such 
a  plan?  Was  he  merely  a  dreamer  who  closed  his 
eyes  to  facts  and  thus  brought  himself  to  believe  in  the 
probability  of  the  impossible?  Or  did  he  take  into  con- 
sideration facts  of  the  situation  which  were  overlooked 
by  men  of  less  insight?  As  has  been  said,  most  men  of 
his  day  would  have  regarded  his  project  as  impractical 
and  his  journey  as  a  fool's  errand.  Why  did  he  think 
differently  about  it? 

Far  from  being  an  impractical  dreamer,  Moses 
Austin  was  a  man  of  practical  common  sense,  and  he 
had  decided  to  make  this  journey  only  after  mature 
and  deliberate  consideration  of  the  project  from  every 
angle.  Two  events  had  conspired  to  induce  him  to 
undertake  it.  One  was  the  panic  of  the  previous  year, 
which  had  swept  away  all  he  possessed.  At  the  age  of  fif- 
ty-four years  he  found  himself  penniless  and  faced  with 
the  necessity  of  starting  life  anew.  The  other  event 
was  the  signing  of  the  treaty  fixing  the  boundary  be- 
tween New  Spain  and  the  United  States  at  the  Sabine. 
The  one  factor  was  his  own  necessity.     The  other,  as 

51 


52 A  HISTORY  OF  TEXAS 

he  saw  it,  was  New  Spain's.  For,  while  the  treaty  settled 
finally  Spain's  legal  title  to  Texas,  Moses  Austin  had 
come  to  the  conclusion  that  in  order  to  prevent  that 
territory  from  becoming  a  complete  wilderness  over 
which  the  Indians  would  regain  absolute  sway,  and  to 
protect  it  from  encroachment  by  the  United  States, 
such  as  had  just  resulted  in  the  loss  of  Florida,  Spain 
would  be  compelled  to  settle  up  the  country  without 
delay.  There  was  no  hope  of  settling  it  with  Spaniards 
or  Mexicans.  A  century  of  effort  to  that  end  had  failed. 
And  if  not  by  Spaniards  and  Mexicans,  then  by  whom? 
Moses  Austin  reasoned  that  Anglo-American  coloniza- 
tion was  Spain's  only  hope,  and  he  expected  to  convince 
the  authorities  of  New  Spain  of  this. 

It  is  a  fact  worthy  of  remark  that  Moses  Austin 
was  the  first  man  to  recognize  this  situation.  He  rec- 
ognized it  not  only  before  any  other  American,  but  be- 
fore it  was  recognized  by  the  authorities  of  New  Spain 
themselves.  That  he  should  appreciate  its  significance 
was  due  in  large  measure  to  his  previous  history,  and 
the  part  he  had  taken  in  dealing  with  a  similar  situa- 
tion in  Upper  Louisiana,  when  it  was  a  Spanish  domin- 
ion, prior  to  its  purchase  from  Napoleon  by  the  United 
States.  Twenty-three  years  before  he  had  been  one 
of  those  Americans  who  moved  into  the  Spanish  do- 
main and  became  Spanish  subjects,  when  the  settlement 
of  the  frontier  was  a  problem  in  Upper  Louisiana.  The 
same  problem,  it  seemed,  now  presented  itself  in  Texas. 

The  policy  of  receiving  non-Spanish  settlers  into  its 
dominions  bordering  those  of  another  country  had  been 
followed  by  Spain  in  the  past,  and  it  will  help  to  an 
understanding  of  Moses  Austin  and  his  mission  if  this 


MOSES  AUSTIN  LEADS  WAY 53 

is  borne  in  mind.  He  had  observed  that  policy  in  opera- 
tion and  had  seen  it  bear  good  fruit.  He  now  proposed 
that  it  should  be  applied  to  Texas. 

Almost  from  the  time  that  Spain  took  possession  of 
Louisiana,  after  the  treaty  of  1765,  the  question  of  the 
settlement  of  the  frontier  in  Upper  Louisiana  presented 
itself.  And,  well-nigh  from  the  outset,  desirable  foreign 
settlers  were  admitted.  The  fact  that  the  original  settlers 
of  that  region  themselves  were  not  Spanish,  but  French, 
and  were  obliged  to  take  the  oath  of  allegiance  to  Spain, 
may  have  made  this  policy  seem  natural.  In  any  event 
the  first  foreigners  admitted  after  the  Spanish  occupa- 
tion were  remnants  of  the  unfortunate  Acadians  and  a 
number  of  French  Canadians  who,  after  the  transfer 
of  Canada  to  England,  desired  to  live  in  a  Catholic 
country. 

But  as  early  as  1776  we  find  Don  Francisco  Bouligny, 
"captain  of  the  battalion  of  infantry  in  the  province  of 
Louisiana,"  advising  as  one  of  the  measures  calculated 
to  render  impotent  the  English  settlement  of  Manchac 
on  the  east  bank  of  the  Mississippi,  near  the  Louisiana 
border,  the  admission  of  English  Catholics  from  that 
settlement  into  the  colony.  Indeed,  he  even  suggests 
that  this  might  be  extended  to  include  non-Catholics. 
"For,"  said  he,  "it  is  so  important  for  the  state  that 
Manchac  should  not  prosper,  that  any  individual  should 
be  admitted,  whatever  be  his  nation,  especially  if  he 
comes  with  his  family  and  his  negroes." 

During  the  Revolutionary  war,  in  which  the  Louisi- 
ana colonists  fought  as  allies  of  the  Americans,  a  friend- 
liness naturally  developed  between  them  and  refugees 
from  the  English  colonies  settled  in  Louisiana.      In 


54 A  HISTORY  OF  TEXAS  

1779,  for  example,  Galvez,  the  governor  of  the  prov- 
ince, visited  the  newly  established  town  of  Galveztown 
at  the  junction  of  the  Amite  and  Iberville  rivers,  which 
had  been  founded  by  "English  and  Americans  who  had 
fled  to  the  possessions  of  the  king  of  Spain."  They 
petitioned  that  the  name  of  the  town  be  not  changed, 
"as  they  had  found  a  refuge  there  during  Galvez's  ad- 
ministration." These  and  other  refugees  from  the 
English  colonies  were  permitted,  by  royal  order,  to  re- 
main permanently  in  Louisiana  after  the  close  of  the 
war,  and  from  that  point  forward,  practically  until  the 
transfer  of  Louisiana  to  the  United  States,  foreigners, 
and  especially  Anglo-Americans,  were  admitted  as  col- 
onists. 

Indeed,  it  became  the  policy  of  Spain  to  encourage 
such  immigration  into  Upper  Louisiana,  and  contracts 
for  the  settlement  of  a  stated  number  of  families  were 
granted  to  colonizers,  or  "empresarios,"  as  they  came  to 
be  called,  as  early  as  1788.  In  that  year  the  Spanish 
minister  at  Philadelphia  arranged  with  Col.  George 
Morgan,  of  New  Jersey,  a  veteran  of  the  Revolution- 
ary war,  to  found  a  colony  on  the  west  bank  of  the 
Mississippi,  in  Upper  Louisiana.  Colonel  Morgan  se- 
lected a  site  opposite  the  mouth  of  the  Ohio  river,  which 
he  bombastically  declared  to  be  the  most  important  spot, 
both  from  a  commercial  and  military  standpoint,  in 
the  whole  of  Louisiana.  He  gave  it  the  high-sounding 
name  of  New  Madrid,  and  he  expected  it  to  rival  the 
ancient  Castilian  capital  in  importance.  He  projected 
many  ambitious  plans  for  his  colony,  some  of  which 
the  Louisiana  authorities  refused  to  approve  because  of 
their  progressive  democratic  character,  but  he  did  in- 


MOSES  AUSTIN  LEADS  WAY  55 

troduce  a  number  of  families,  all  of  whom  were  given 
generous  land  grants,  and  at  the  time  of  the  transfer 
of  Louisiana  to  the  United  States,  New  Madrid  had  a 
population  of  about  eight  hundred.  Incidentally,  Colo- 
nel Morgan  was  one  of  the  witnesses  against  Aaron  Burr 
in  the  conspiracy  trial  in  1806. 

In  this  connection  also  it  is  to  be  noted  that  prior 
to  the  treaty  of  1795,  the  authorities  at  New  Orleans 
intrigued  with  Gen.  James  Wilkinson,  of  Kentucky, 
subsequently  commander  in  chief  of  the  American 
army,  and  who  also  figured  as  a  witness  against  Burr, 
to  detach  the  territories  of  Kentucky  and  Tennessee 
from  the  United  States  and  attach  them  to  Louisiana. 
This  intrigue  was  fruitless,  but  it  serves  to  illustrate 
the  policy  of  Spain  at  this  time,  for  had  it  been  suc- 
cessful it  would  have  brought  a  great  number  of  Anglo- 
Americans  into  the  jurisdiction  of  the  province.  More- 
over, Miro,  the  governor  of  Louisiana  who  had  most 
to  do  with  Wilkinson,  encouraged  immigration  from 
the  American  territory  into  Upper  Louisiana.  Indeed, 
special  inducements  were  made  to  get  them  to  immi- 
grate, and  Miro  even  went  so  far  as  to  guarantee  that 
such  immigrants  would  not  be  molested  in  the  matter 
of  their  religion. 

An  incident  which  occurred  in  1788,  and  which  is 
authenticated  by  a  dispatch  from  Miro  to  the  home 
government,  dated  June  3,  1789,  is  very  illuminating 
on  this  point.  A  Capuchin  priest  arrived  in  Louisiana 
as  "commissary  of  the  Spanish  inquisition,"  and  applied 
to  Miro  for  military  assistance  in  carrying  out  the  duties 
at  his  office.  Instead  of  granting  the  cooperation  re- 
quested, Miro  had  the  priest  arrested  at  night  and  placed 


56 A  HISTORY  OF  TEXAS       

on  board  a  vessel  about  to  sail  for  Spain.  Reporting 
the  affair  to  the  home  government,  Miro  said:  "His 
majesty  has  ordered  that  I  should  foster  an  increase  in 
population,  admitting  the  inhabitants  living  on  the 
banks  of  the  rivers  that  flow  into  the  Ohio.  .  .  . 
These  people  were  invited  with  the  promise  of  not  be- 
ing molested  in  matters  of  religion,  although  the  only 
mode  of  worship  was  to  be  the  Catholic.  The  mere 
name  of  the  inquisition  of  New  Orleans  would  not  only 
suffice  to  restrain  the  immigration  already  beginning  to 
take  place,  but  might  cause  those  who  have  recently 
arrived  to  retire,  and  I  even  fear  that,  in  spite  of  having 
ordered  Father  Sadella  to  leave  the  country,  the  cause 
may  be  found  out  and  have  the  most  fatal  consequences." 

This  policy  of  encouraging  American  immigration 
was  continued  and  many  Anglo-Americans  and  other 
foreigners  were  admitted  under  contract  and  as  indi- 
viduals  during  the  next  ten  years.  If  it  had  any  effects 
injurious  to  the  interests  of  Spain,  there  is  no  record  of 
them,  and  the  policy  might  have  been  continued  in- 
definitely had  it  not  been  interrupted  temporarily  dur- 
ing the  controversy  with  the  United  States  over  the 
question  of  a  port  of  entry  on  the  Mississippi,  and  had 
not  the  province  been  transferred  to  Napoleon  before 
that  controversy  was  finally  settled. 

How  well  the  policy  was  regarded  in  Louisiana  is 
strikingly  shown  by  the  fact  that  Napoleon  was  strongly 
urged  to  continue  it  when  he  should  take  possession  of 
the  province.  Col.  Joseph  Xavier  Delfau  de  Pontalba, 
a  native  of  New  Orleans  of  French  parentage,  sent  a 
memoir  on  Louisiana  to  Napoleon  under  date  of  Septem- 


MOSES  AUSTIN  LEADS  WAY  57 


ber  15,  1 80 1,  in  which,  among  other  things,  he  discussed 
the  whole  question  of  settling  Louisiana.  He  wrote 
without  any  anticipation  that  Louisiana  would  be  sold 
to  the  United  States,  and  he  specifically  recommended 
that  the  Spanish  policy  of  settling  Upper  Louisiana  with 
Anglo-Americans  should  be  continued.  "It  will  be  of 
the  highest  importance  to  employ  extraordinary  means 
to  people  Louisiana,"  he  wrote,  "so  that  she  may  defend 
herself."  He  then  proceeded  to  point  out  why  the  ad- 
mission of  Americans  would  be  wise  and  safe. 

"At  first  sight,"  he  said,  "it  seems  dangerous  to  people 
Louisiana  with  foreigners,  but  her  singular  situation 
with  regard  to  the  people  on  the  Ohio  is  such  that  they 
should  be  considered  as  at  home,  for  we  may  assume 
that,  from  those  districts,  those  inhabitants  have  more 
facilities  for  invading  Louisiana  than  they  would  have 
for  revolting,  if  they  were  established  there,  with  this 
difference,  that,  in  the  first  case,  the  invasion  would  be 
glorious,  and  embarking  on  the  Ohio,  favored  by  the 
swiftness  of  the  current,  they  would  find  themselves  in 
Louisiana  before  anyone  knew  they  had  thought  of  it; 
while  once  emigrated  and  received  among  us  with  prom- 
ise of  fidelity  to  the  republic,  those  who  would  under- 
take a  revolt,  not  being  able  to  do  so  without  being 
known,  would  risk  everything,  and  far  from  finding 
glory,  would  only  expose  themselves  to  condemnation  as 
traitors.  .  .  .  Similar  motives  decided  the  king  of 
Spain,  in  1790,  to  give  orders  to  the  governor  of  Loui- 
siana to  receive  there  all  immigrants  who  should  present 
themselves  from  those  provinces,  to  give  them  lands, 
and  to  establish  districts,  six  leagues  distant  from  each 


58  A  HISTORY  OF  TEXAS 

other,  in  the  center  of  which  there  should  be  a  church, 
a  house  for  a  commandant,  and  an  Irish  curate,  but  with 
orders  not  to  trouble  them  in  their  creed." 

Napoleon  never  had  occasion  to  act  upon  this  advice, 
for  two  years  later  he  sold  Louisiana  to  the  United 
States,  but  Pontalba's  memoir  tends  to  show  how  the 
policy  was  regarded  in  the  province  itself. 

It  will  not  be  necessary  to  enumerate  in  detail  the 
projects  of  various  empresarios  who  received  contracts 
for  bringing  settlers  into  Louisiana,  some  of  which  were 
successful  and  some  not,  but  two  projects  should  be 
noted  because  of  the  part  their  projectors  subsequently 
played  in  the  opening  of  Texas  to  colonization.  One  of 
these  men  was  Felipe  Enrique  Neri,  known  as  the 
Baron  de  Bastrop,  and  the  other  was  Moses  Austin. 

Baron  de  Bastrop  was  one  of  the  many  nobles  who 
fled  to  America  when  the  Reign  of  Terror  in  France 
startled  all  of  Europe.  He  was  a  Hollander  and  had 
been  in  the  Prussian  service  under  Frederick  the  Great. 
When  the  army  of  revolutionary  France  overran  Hol- 
land he  escaped  to  America  and  found  refuge  in  Louis- 
iana, taking  the  oath  of  allegiance  to  the  Spanish  crown. 
He  conceived  the  ambitious  idea  of  growing  wheat  in 
Louisiana  and  establishing  flour  mills  to  supply  not 
only  the  needs  of  the  province,  but  even  for  export  to 
other  parts  of  the  New  World.  Carondelet,  then  gov- 
ernor of  the  province,  thought  well  of  the  plan,  and 
being  desirous  of  seeing  a  settlement  established  on  the 
Ouachita  river  in  Lower  Louisiana  as  a  bulwark  against 
settlements  in  American  territory  on  the  east  bank  of 
the  Mississippi,  he  even  consented  to  pay  the  transpor- 
tation expenses  of  all  persons  Baron  de  Bastrop  should 


MOSES  AUSTIN  LEADS  WAY  59 

induce  to  come  from  the  United  States  to  such  a  settle- 
ment and  to  provide  for  their  support  for  six  months 
after  their  arrival. 

This  contract,  which  included  a  large  grant  of  land, 
was  made  on  June  20,  1797,  and  Baron  de  Bastrop  set 
forth  to  obtain  his  colonists.  Before  he  returned  to  New 
Orleans  with  ninety-nine  persons,  Carondelet  had  been 
replaced  as  governor  by  Manuel  Gayosa  de  Lemos,  who 
was  not  in  sympathy  with  the  broad  policies  which  had 
been  followed  by  previous  governors  in  the  colonization 
of  Louisiana,  and  who.  raised  many  objections  to  the 
contract.  He  ordered  its  suspension  until  it  could  be 
passed  upon  by  the  king,  and  a  long  litigation  resulted. 
But  Baron  de  Bastrop  made  a  start  toward  establishing 
his  colony,  and  it  is  interesting  to  note  that  the  towns  of 
Bastrop  and  Mer  Rouge,  which  were  the  scene  of  the 
Ku  Klux  Klan  investigation  in  1922  and  1923,  thus  had 
their  beginning.  The  land  involved  in  this  grant  after- 
wards figured  in  the  Burr  conspiracy  trial  as  athe  Wash- 
ita lands,"  for  it  was  the  Bastrop  grant  which  Burr 
purchased  from  Col.  Charles  Lynch  in  1806,  and  the 
settling  of  which  he  claimed  was  the  object  of  his 
expedition. 

When  Louisiana  was  ceded  to  Napoleon  it  is  probable 
that  Baron  de  Bastrop  prepared  to  leave  the  province, 
inasmuch  as  it  was  from  the  French  power  that  he  had 
fled  to  America.  In  any  event,  when  Louisiana  was 
subsequently  sold  to  the  United  States,  he  elected  to  re- 
main a  Spanish  subject,  crossed  the  Sabine  into  Texas 
and  took  up  his  abode  at  San  Antonio. 

Just  about  the  time  that  Baron  de  Bastrop  was  un- 
folding to  Carondelet  his  great  plans   for  supplying 


60  A  HISTORY  OF  TEXAS 

Louisiana  with  flour,  Moses  Austin  arrived  in  Upper 
Louisiana  filled  with  another  ambitious  plan,  that  of 
developing  the  lead  mines  west  of  St.  Genevieve.  Aus- 
tin was  born  at  Durham,  in  the  British  colony  of  Con- 
necticut, in  1765.  He  had.  been  a  member  of  the 
importing  house  of  Stephen  Austin  &  Co.,  of  Philadel- 
phia, and  when  a  branch  was  established  at  Richmond, 
Va.,  under  the  firm  name  of  Moses  Austin  &  Co.,  he 
moved  to  that  place.  During  the  Revolutionary  war  a 
considerable  lead  industry  had  been  developed  in  the 
neighborhood  of  Chiswell,  Va.,  the  mines  being  worked 
vigorously  to  obtain  material  for  bullets,  and  after  the 
war  this  was  one  of  the  "infant  industries"  which  had 
grown  up  as  a  result.  It  is  probable  that  the  panic  of 
1785-86  and  the  general  depression  which  followed 
affected  the  business  of  this  industry  materially.  In  any 
event,  some  time  after  this  Austin's  company  seized  the 
opportunity  to  buy  the  lead  mines  in  Wythe  county,  with 
the  purpose  of  developing  them.  Austin  moved  to  the 
mines  and  established  the  town  of  Austinville  on  New 
river.  He  was  the  first  to  bring  English  miners  and 
manufacturers  of  lead  to  America,  and  he  established 
a  manufactory  of  shot  and  sheet  lead  at  Richmond. 

In  1796,  finding  that  the  mines  on  New  river  were 
ceasing  to  be  productive,  and  learning  from  a  man  who 
had  just  returned  from  Upper  Louisiana  that  there  were 
rich  lead  deposits  in  the  region  of  St.  Genevieve,  he 
decided  to  investigate.  The  treaty  of  1795,  fixing  the 
boundary  between  the  United  States  and  the  Spanish 
domain,  had  just  been  signed,  and  Austin  applied  to  the 
Spanish  minister  at  Philadelphia  and  obtained  a  passport 
to  enter  the  territory.  With  a  retinue  of  servants,  he  set 


MOSES  AUSTIN  LEADS  WAY  61 


out  on  horseback  in  the  autumn  of  1796,  and  reached 
St.  Louis,  after  a  perilous  journey  through  the  wilder- 
ness, in  mid-winter. 

Austin's  entrance  to  St.  Louis  was  in  a  manner  cal- 
culated to  impress  the  Spanish  authorities  with  his  im- 
portance. Clothed  in  a  long,  blue  mantle,  lined  with 
scarlet  and  embellished  with  lace  and  embroidery,  and 
riding  his  best  horse,  he  traversed  the  main  street  of 
the  town,  past  the  house  of  the  commandant,  followed 
by  his  whole  company.  This  performance  had  the  de- 
sired effect,  for  the  commandant,  struck  by  the  appear- 
ance of  Austin  and  his  company,  and  convinced  that 
surely  be  must  be  a  person  of  rank,  immediately  sent 
a  messenger  to  invite  him  to  his  house.  Being  well 
received  by  the  commandant,  Austin  made  known  his 
mission,  with  the  result  that  his  petition  for  a  grant  of 
lands  was  promptly  transmitted  to  the  commandant  at 
St.  Genevieve  with  the  highest  recommendations. 

Under  date  of  January  27,  1797,  Francois  Valle, 
commandant  of  St.  Genevieve,  granted  a  contract  to 
Moses  Austin  to  settle  thirty  families  in  Upper  Louis- 
iana, the  settlers  to  be  given  lands  in  accordance  with 
their  trades,  their  means  and  the  size  of  their  families. 
Two  months  later  he  obtained  from  Governor  Caron- 
delet  a  grant  of  a  league  of  land,  including  the  lead 
mines  at  "Mine  A  Burton,"  forty  miles  west  of  St. 
Genevieve.  Austin  moved  his  family  from  Virginia  to 
St.  Genevieve  the  following  year. 

At  that  time  the  region  around  "Mine  A  Burton"  was 
in  complete  control  of  hostile  Osage  Indians.  The 
colonists  had  been  compelled  to  remain  in  St.  Genevieve 
and  other  well-established  villages  during  the  winter 


62 A  HISTORY  OF  TEXAS 

and  the  mines  were  worked  only  in  the  summer  by  par- 
ties of  workmen  from  St.  Genevieve.  Austin  resolved 
to  change  this  situation  and  to  plant  a  permanent  settle- 
ment in  the  region  of  the  mines.  He  set  about  estab- 
lishing a  village  at  "Mine  A  Burton,"  in  spite  of 
menacing  activities  of  the  Indians,  and  finally,  in  1802, 
he  had  a  finish  fight  with  the  savages.  The  latter  at- 
tacked the  village,  but  were  driven  back  with  the  aid 
of  a  three-pounder  Austin  had  taken  the  precaution  to 
provide.  After  that  he  had  no  more  trouble  with  them 
and  thus  was  started  the  first  permanent  settlement  in 
what  is  now  Washington  county,  Missouri. 

Austin  developed  the  lead  mines  at  "Mine  A  Burton," 
erected  regular  smelting  furnaces  and  mills,  and  his 
settlement  soon  became  the  center  of  a  thriving  popu- 
lation. He  was  a  good  Spanish  subject  and  served  his 
adopted  country  well  in  helping  to  subdue  the  wilder- 
ness and  to  add  to  the  wealth  of  the  province.  At  the 
same  time  he  laid  the  foundations  of  his  own  fortune 
and  was  on  the  way  toward  becoming  an  important  man 
in  the  province  when  Louisiana  was  purchased  by  the 
United  States. 

Upper  Louisiana  was  formally  transferred  to  the 
United  States  at  St.  Louis  on  March  9,  1804,  and  Moses 
Austin  found  himself  again  an  American  citizen.  The 
country  began  to  settle  up  more  rapidly  as  an  American 
territory  and  he  took  a  leading  part  in  its  development. 
He  acquired  a  considerable  fortune  and  was  the  lead- 
ing stockholder  and  practically  the  founder  of  the  Bank 
of  St.  Louis.  Then  the  panic  of  1818  hit  him.  For, 
like  all  frontier  banks  of  the  day,  the  Bank  of  St.  Louis 
did  an  extensive  business  with  the  land  speculators  who 


MOSES  AUSTIN  LEADS  WAY  63 

borrowed  money  to  buy  public  lands  to  be  sold  to  set- 
tlers at  a  profit.  When  the  panic  came,  which  was  one 
of  those  periodical  spasms  of  depression  following  a 
period  of  inflation  and  "prosperity" — in  this  case  being 
the  aftermath  of  the  Napoleonic  wars  and  the  war  of 
1812 — it  sent  land  values  down  rapidly  along  with  all 
other  values.  In  the  crash  the  Bank  of  St.  Louis  col- 
lapsed and  the  fruits  of  twenty  years  of  Moses  Austin's 
labors  in  the  wilderness  were  swept  away.  Thus  it  was 
that  he  found  himself  penniless  at  the  very  moment  that 
a  new  Spanish  frontier  was  established  by  the  treaty  of 
1819.  Except  that  he  was  well  advanced  in  years,  his 
situation  was  very  much  the  same  as  that  which  he  had 
faced  in  1796.  It  was  the  failure  of  his  lead  enter- 
prise in  Virginia  and  the  signing  of  the  treaty  of  1795, 
insuring,  as  the  latter  did,  that  Spanish  grants  west  of 
the  Mississippi  would  be  valid,  that  had  resulted  in  his 
turning  to  the  wilderness  and  to  Spain  more  than  twenty 
years  before.  Now  he  was  faced  again  with  the  neces- 
sity of  making  a  new  start,  and  now  another  treaty  had 
been  signed,  a  treaty  that  would  make  Spanish  grants  in 
Texas  valid.  It  was  quite  natural  that  it  should  occur 
to  him  to  begin  again  in  the  same  fashion  that  he  had 
begun  as  a  younger  man  in  similar  circumstances.  He 
discussed  the  matter  for  several  days  with  his  son 
Stephen,  and  finally  the  decision  was  made.  He  would 
turn  again  to  the  wilderness  and  to  Spain.  And  so  it 
came  to  pass  that  in  the  autumn  of  1820  he  made  the 
eight  hundred  mile  journey  on  horseback  to  San  Antonio 
de  Bexar. 

The  arrival  of  Moses  Austin  in  San  Antonio  de  Bexar 
was  very  different  from  his  arrival  in  St.  Louis  more 


64  A  HISTORY  OF  TEXAS 

than  twenty  years  before.  Then  he  rode  with  his  party 
boldly  past  the  house  of  the  commandant,  clad  in  a 
fashion  calculated  to  impress  beholders  with  his  impor- 
tance. Now  he  was  alone  and  his  appearance  was  any- 
thing but  prepossessing.  Then  the  commandant,  curious 
to  learn  the  identity  and  business  of  his  distinguished 
visitor,  sent  a  representative  to  call  upon  him  and  invited 
him  to  his  residence.  Now  he  found  a  very  different 
reception.  The  governor,  Martinez,  was  mindful  of  the 
orders  he  had  received  from  Arredondo  not  to  permit 
foreigners,  and  especially  Americans,  to  come  into 
Texas.  He  was  so  disturbed  by  the  sudden  arrival  of 
Austin  at  the  government  house,  unannounced  and 
without  warning,  that,  without  inquiring  into  his  busi- 
ness, he  ordered  him  to  depart  immediately.  It  was  in 
vain  that  Austin  attempted  to  converse  with  him  pleas- 
antly in  French,  which  both  understood.  Austin  was  an 
American,  was  he  not?  That  was  enough.  He  must 
begone  without  delay!  It  was  in  vain  also  that  Austin 
sought  to  show  him  his  papers  testifying  to  the  fact  that 
he  had  been  a  Spanish  subject  in  Louisiana.  Martinez 
would  not  read  the  papers.  He  would  not  look  at 
them.  Arredondo's  orders  had  been  unequivocal.  Aus- 
tin must  get  back  across  the  Sabine  as  quickly  as  he 
could  travel. 

Austin  left  the  government  house,  dejected.  There 
was  nothing  to  do  but  to  obey  the  governor's  order.  He 
had  tried  every  means  of  inducing  Martinez  to  listen  to 
him,  but  had  failed.  He  was  fortunate,  indeed,  that  he 
had  not  been  placed  under  arrest.  If  he  attempted  to 
remain  even  long  enough  to  rest  from  his  fatiguing 
journey  he  probably  would  be  arrested.   The  fine  plans 


MOSES  AUSTIN. 

From  Copy  of  Painting  in  the  Jefferson  Memorial  Museum, 

St.  Louis,  Missouri. 


, MOSES  AUSTIN  LEADS  WAY 65 

for  a  colony  in  Texas  had  come  to  naught,  apparently. 
He  must  set  out  at  once  for  the  border  and  abandon 
the  enterprise.  Stephen  Austin  tells  us  that  his  father 
"was  determined  to  quit  the  place  in  an  hour,  being 
much  disgusted  and  irritated  at  his  reception  by  the 
governor." 

Then  there  occurred  one  of  those  little  accidents  such 
as  have  frequently  changed  the  course  of  history.  Cross- 
ing the  plaza,  after  leaving  the  government  house, 
Austin  came  face  to  face  with  a  friend  he  had  not  seen 
in  years,  and  whose  very  existence  he  had  all  but  for- 
gotten. It  was  the  Baron  de  Bastrop,  now  an  aged  man, 
who,  as  has  been  already  recounted,  had  proposed  to 
introduce  Anglo-American  settlers  into  Spanish  Loui- 
siana and  establish  a  wheat  and  flour  industry  in  that 
province  just  about  the  time  Moses  Austin  had  received 
his  lead  mine  concession  in  Upper  Louisiana.  When 
Louisiana  was  transferred  to  the  United  States,  Baron 
de  Bastrop  had  moved  to  Texas.  He  was  now  living  in 
great  poverty  in  a  single  room  in  San  Antonio  de  Bexar. 
But  being  a  man  of  talent  and  education,  a  gentleman  by 
birth  and  training,  he  had  much  influence  at  the  govern- 
ment house  and  enjoyed  the  confidence  of  Arrendondo. 
Austin  greeted  the  baron  with  the  joy  one  would  expect 
him  to  feel  at  coming  upon  a  familiar  face  in  such  a 
place  and  in  such  circumstances. 

The  meeting  was  almost  providential.  Baron  de  Bas- 
trop was  just  the  man  to  understand  Austin's  proposal 
in  all  its  details  and  to  appreciate  its  timeliness  and 
importance.  Like  Austin,  he  was  familiar  with  the 
problem  of  its  frontier  which  Spain  had  faced  in  Loui- 
siana and  the  measures  which  had  been  adopted  to  meet 


66  A  HISTORY  OF  TEXAS 

it.  He  had  witnessed  the  collapse  of  the  Spanish  attempt 
to  colonize  Texas  and  had  lived  through  the  American 
invasions  of  the  recent  past.  He  knew  from  experience 
that  even  San  Antonio  was  not  safe  against  Indian 
attacks  and  that  there  was  little  or  no  probability  that 
the  situation  would  improve  in  this  respect.  No  man  in 
all  Mexico,  perhaps,  could  better  realize  that  it  was 
necessary  to  settle  the  region  between  San  Antonio  and 
the  Sabine,  and  that  it  was  futile  to  expect  it  to  be  set- 
tled in  the  very  near  future  by  Spaniards  or  Mexicans. 
They  were  moving  out  of  Texas  rather  than  into  it. 
Indeed,  Baron  de  Bastrop  must  have  recognized,  just  as 
did  Austin  himself,  that  the  only  hope  of  colonizing 
Texas  was  to  admit  Anglo-Americans.  That  policy 
had  been  successful  in  Louisiana,  and  its  temporary  dis- 
continuance had  been  due  to  causes  not  inherent  in  the 
policy  itself.  Baron  de  Bastrop,  in  any  event,  had  been 
its  advocate  to  the  last,  and  Austin's  success  in  develop- 
ing the  lead  mines  and  settling  the  wild  region  west  of 
St.  Genevieve  had  been  one  of  the  fruits  of  that  policy. 
Moreover,  there  seemed  little  choice  as  to  Texas.  After 
a  century  of  effort  and  the  expenditure  of  great  sums 
of  money,  the  Spaniards  had  failed  in  the  colonization 
of  the  province,  Baron  de  Bastrop  was  just  the  man  to 
recognize  at  once  that  Austin's  proposal  offered  a  solu- 
tion, if  not  the  only  solution,  of  the  problem  of  New 
Spain's  frontier. 

Baron  de  Bastrop  took  Austin  to  his  room,  and  there 
the  latter  unfolded  to  him  the  details  of  his  project. 
Austin  told  him  of  his  failure  with  Martinez  and  of  the 
order  for  his  immediate  departure.  The  baron  approved 
of  the  project  as  thoroughly  feasible  and  expressed  the 


MOSES  AUSTIN  LEADS  WAY 67 

opinion  that  the  authorities  could  be  brought  to  consider 
it.  But  first  a  stay  of  the  order  to  leave  the  province 
must  be  obtained.  Austin  was  tired  and  ill,  and  the 
baron  undertook  to  urge  this  as  a  reason  why  the  order 
should  be  held  up.  He  would  point  out  to  Martinez  that 
Austin  should  not  be  compelled  to  begin  the  return  jour- 
ney until  he  was  fully  rested.  He  would  testify  to  Aus- 
tin's character  and  to  the  fact  that  he  had  been  a  loyal 
subject  of  Spain  in  Louisiana. 

Upon  such  representations  from  Baron  de  Bastrop, 
therefore,  Martinez  consented  to  permit  Austin  to  re- 
main until  he  was  better  able  to  travel.  In  the  meantime, 
the  baron  became  Austin's  agent  and  proceeded  to  set 
before  the  governor  the  advantages  of  the  project.  He 
presented  the  whole  matter  with  such  force  that  by  the 
end  of  a  week  Martinez  and  the  ayuntamiento  of  Bexar 
united  in  recommending  a  petition  to  Arredondo  and 
the  provincial  deputation  at  Monterey  for  permission  to 
Moses  Austin  to  settle  three  hundred  families  in  Texas. 

Leaving  Baron  de  Bastrop  as  his  agent,  and  with  as- 
surances of  success,  Austin  set  out  on  his  return  journey. 
Under  date  of  January  17,  1821,  Arredondo  notified 
Martinez  from  Monterey  that  the  petition  had  been 
granted.  Moses  Austin  never  saw  a  copy  of  the  grant. 
He  suffered  great  hardship  and  exposure  on  the  return 
trip  from  San  Antonio  and  was  taken  seriously  ill  shortly 
afterwards.  After  arranging  with  his  son,  Stephen,  to 
carry  the  project  through,  he  died  in  Missouri  on  June 
10,1821. 

But  Moses  Austin  had  set  in  motion  the  history  of 
modern  Texas.  The  mission  of  the  lone  rider  to  San 
Antonio  de  Bexar  had  proved  successful. 


CHAPTER  V. 

IN   HIS   FATHER'S  FOOTSTEPS. 

In  1818  there  was  a  young  man  in  the  territorial 
legislature  of  Missouri  who  already  had  attracted  some 
attention  and  who,  it  was  agreed,  had  a  splendid  career 
ahead  of  him.  He  was  only  twenty-four  years  old,  and 
yet  he  had  nearly  five  years  of  legislative  experience  to 
his  credit,  and  had  already  gained  the  respect  of  no  less 
a  man  than  Thomas  H.  Benton,  who  had  moved  to 
Missouri  only  three  years  before,  and  who  was  just  then 
emerging  into  a  leadership  which  was  destined  to  be- 
come national  in  scope  and  influence.  He  was  a  quiet- 
mannered  young  man,  but  with  a  maturity  of  mind  in 
advance  of  his  years  and  an  education  far  above  the 
average  of  frontier  public  men  in  that  day.  In  addition 
to  these  advantages,  he  was  reasonably  wealthy  and  had 
just  been  made  a  director  of  the  Bank  of  St.  Louis.  His 
achievement  already  was  considerable,  in  view  of  his 
youth,  and  his  prospects  were  extremely  bright. 

Such  was  Moses  Austin's  eldest  son,  Stephen  Fuller 
Austin,  in  1818,  He  had  come  with  his  father  to  the 
Spanish  province  of  Louisiana  when  he  was  but  five 
years  old,  and  had  spent  his  boyhood  in  the  wild  frontier 
country  around  St.  Genevieve.  In  1804,  when  Upper 
Louisiana  was  transferred  to  the  United  States,  he  was 
sent  to  Connecticut  in  order  to  attend  better  schools 
than  the  frontier  afforded,  and  he  spent  four  years  in 
good  educational  institutions  at  Springfield,  Colchester 

69 


70 A  HISTORY  OF  TEXAS 

and  New  London,  in  that  state.  In  his  sixteenth  year 
he  returned  to  the  West  and  studied  for  two  years  at 
Transylvania  college,  Lexington,  Ky.,  after  which  he 
joined  his  father  in  the  business  of  smelting  and  manu- 
facturing lead  in  Missouri.  He  early  became  interested 
in  public  affairs  and  in  1813,  when  Missouri  was  cut 
off  from  Louisiana  and  erected  into  a  territory,  he  was 
elected  to  the  territorial  legislature.  He  had  prospered 
both  in  public  life  and  in  business,  being  reelected  to 
the  legislature  at  each  recurring  term  and  achieving  the 
distinction  of  a  bank  directorship  before  his  twenty- 
fifth  birthday. 

Those  were  momentous  days  in  Missouri.  Great 
projects  were  in  the  air,  not  the  least  of  which  was  the 
proposed  admission  of  Missouri  into  the  union  as  a  state. 
The  southern  part  of  the  territory  would  be  separated 
from  the  new  state  and  made  into  the  Territory  of  Ar- 
kansas, and  Stephen  participated  in  the  preliminaries 
looking  toward  bringing  about  these  great  changes.  The 
faces  of  all  men  were  turned  to  the  future.  It  was  a 
time  of  progress — the  beginning,  as  men  thought,  of 
a  new  era.  There  were  opportunities  on  all  sides  for  men 
of  talent  and  energy,  and  for  few  was  the  future  brighter 
than  for  Stephen  Austin. 

Then  the  panic  swept  over  the  country.  Prosperity, 
which  had  been  general  for  several  years,  came  to  a 
sudden  halt.  The  Bank  of  St.  Louis  collapsed  and  the 
Austins  turned  over  everything  they  possessed  to  the 
creditors.  From  an  apparently  secure  position  and  cer- 
tain outlook,  Stephen  Austin's  condition  changed  over- 
night. When  the  storm  had  passed  he  found  that  he 
and  his  father  were  penniless. 


IN  HIS  FATHER'S  FOOTSTEPS  71 

Besides  his  father  and  mother,  the  family  included 
two  other  children,  both  younger — a  brother,  James 
E.  B.  Austin,  who  was  sixteen  at  the  time,  and  still  in 
school,  and  a  sister,  Emily,  who  was  the  wife  of  James 
Bryan.  It  was  to  Stephen,  therefore,  that  the  father 
naturally  turned  in  discussing  the  problem  of  rehabili- 
tating the  family  fortunes.  Father  and  son  discussed 
their  situation  and  prospects  for  several  days  at  Durham 
Hall,  the  family  home  which  Moses  Austin  had  estab- 
lished at  "Mine  A  Burton."  This  was  in  March,  1819, 
and  it  was  during  these  discussions  that  the  father  first 
made  the  proposal  of  colonizing  Texas.  The  treaty  with 
Spain,  fixing  the  Texas  boundary  at  the  Sabine,  after 
fifteen  years  of  controversy,  had  been  signed  in  Feb- 
ruary, and  it  was  the  news  of  this  event  that  put  the  idea 
in  Moses  Austin's  head.  He  had  made  one  fortune  in 
the  wilderness.  He  had  laid  the  foundations  for  that 
fortune  under  Spanish  rule.  He  could  do  it  again.  He 
was  no  longer  young,  it  was  true,  but  if  his  son  Stephen 
would  agree  to  help  him  he  would  undertake  it.  And  so 
he  made  the  proposal  to  Stephen. 

The  son  did  not  take  to  the  idea  so  enthusiastically  as 
the  father.  There  seemed  better  opportunities  nearer 
home.  For  one  thing,  there  was  Arkansas.  Now  that 
Missouri  was  to  be  made  a  state,  the  development  of 
that  part  of  it  which  would  be  erected  into  a  new  terri- 
tory would  offer  many  opportunities.  It  was  not  neces- 
sary to  go  to  the  extreme  of  alienating  themselves  from 
the  United  States  and  removing  to  a  country  under  the 
domination  of  a  despotic  government.  Besides,  there 
was  little  hope  that  the  Spanish  authorities  would  con- 
sent to  such  a  plan.     Things  were  very  different  from 


12  A  HISTORY  OF  TEXAS 

what  they  had  been  in  1796.  In  short,  Stephen  knew 
he  could  make  a  career  for  himself  either  in  Missouri  or 
Arkansas.  He  was  young,  he  had  ability,  experience 
and  education.  He  was  in  a  new  country  in  which  these 
qualifications  insured  success  to  any  man  of  good  char- 
acter and  industry.  He  had  friends,  and  in  spite  of  his 
reverses,  had  attained  a  standing  among  men  that  would 
help  him  to  succeed. 

But  the  father  was  filled  with  the  idea.  The  more  he 
thought  about  it  the  stronger  it  took  hold  of  his  imagina- 
tion. Moreover,  there  were  advantages  to  be  urged  for 
the  Texas  plan.  A  man  without  very  much  capital  had 
a  better  chance  of  succeeding  under  the  Spanish  land 
system  than  under  that  of  the  United  States.  The  Span- 
ish system  in  Louisiana,  which  was  what  Moses  iUistin 
had  in  mind,  and  which  had  enabled  him  to  make  his 
start  more  than  twenty  years  before,  was  based  on  the 
motive  of  promoting  colonization.  Settlers  were  dealt 
with  liberally.  The  motive  behind  the  American  system 
up  to  that  time  had  been  the  raising  of  revenue,  and 
this  lent  itself  more  easily  to  speculation.  In  a  sense  it 
had  been  the  American  land  system,  or  rather  the  specu- 
lation which  that  system  made  possible,  that  had  brought 
about  Moses  Austin's  ruin.  He  might  have  weathered 
the  panic  had  it  not  been  for  the  relation  of  the  Bank 
of  St.  Louis  to  land  speculation.  It  was  not  surprising 
that  he  should  feel  very  strongly  on  the  subject.  If  the 
Spanish  authorities  could  be  induced  to  apply  to  Texas 
the  same  policy  which  had  been  followed  in  Louisi- 
ana, a  colonization  project  would  offer  a  very  bright 
prospect. 

The  result  of  this  discussion  seems  to  have  been  a  com- 


IN  HIS  FATHER'S  FOOTSTEPS  73 


promise.  The  plan  was  adopted,  but  Stephen  was  not; 
yet  convinced  it  would  succeed.  He  came  to  believe,  he 
said  later,  "that  the  probabilities  of  success  or  failure 
were  almost  equal."  Meantime,  however,  it  was  agreed 
also  that  Stephen  should  move  to  the  new  territory  of 
Arkansas,  taking  a  farm  near  the  Texas  border,  which 
might  be  utilized  in  connection  with  introducing  set- 
tlers into  Texas  if  the  Spanish  authorities  agreed  to 
the  plan.  At  the  same  time  Stephen  would  be  making 
a  start  in  that  territory.  Accordingly,  within  thirty 
days  he  established  a  small  farm  at  Long  Prairie,  on  Red 
river,  in  Arkansas,  and  he  also  located  a  land  claim  on 
the  site  of  Little  Rock,  which  city  was  subsequently 
founded  by  his  brother-in-law,  James  Bryan.  Then 
Governor  Miller  appointed  him  as  one  of  the  circuit 
judges  for  Arkansas  Territory.  It  was  plain  that  if  he 
elected  to  remain  in  Arkansas  he  would  soon  be  well  on 
the  way  toward  making  a  career  for  himself. 

Stephen  had  been  at  the  Long  Prairie  farm  scarcely 
two  months  when  the  whole  section  became  excited  over 
the  news  that  Dr.  Long  and  his  followers  had  estab- 
lished the  "independent  republic  of  Texas"  at  Nacog- 
doches. To  most  of  the  frontiersmen  this  was  taken  to 
mean  that  Texas  would  soon  be  in  the  hands  of  Ameri- 
cans. But  to  Stephen  it  seemed  an  end  of  his  father's 
scheme.  When  Long  and  his  followers  were  ejected  by 
the  Spanish  forces,  and  when  most  of  the  Mexican  set- 
tlers at  Nacogdoches  fled  across  the  border  to  the  United 
States,  it  seemed  to  create  a  situation  which  made  the 
scheme  even  less  practicable  than  before.  But  his  father 
did  not  waver  in  his  determination  to  make  the  attempt 
as  soon  as  he  could  put  his  affairs  in  such  shape  as  to 


74 A  HISTORY  OF  TEXAS 

permit  it.  So,  in  the  autumn  of  1820,  nearly  two  years 
after  the  conference  at  Durham  Hall,  he  completed  his 
plans  and  started  on  the  journey  to  San  Antonio  de 
Bexar. 

Falling  in  with  his  father's  plans,  Stephen  now  went 
to  New  Orleans  to  make  arrangements  for  organizing 
a  colony  in  the  event  the  mission  to  Texas  was  successful. 
It  being  necessary  for  him  to  support  himself  in  the 
meantime,  he  obtained  employment  on  a  newspaper.  He 
was  not  unknown  in  New  Orleans,  for  his  father  used 
to  ship  lead  products  to  that  city,  and  he  had  made  the 
journey  down  the  river  with  a  cargo  as  early  as  1810, 
as  a  youth  of  seventeen.  Moreover,  Joseph  Hawkins,  a 
classmate  with  whom  he  had  been  at  Transylvania  col- 
lege, was  established  at  New  Orleans  as  an  attorney  of 
some  prominence,  and  Stephen  now  renewed  relations 
with  him. 

At  Hawkins's  invitation  Stephen  began  to  devote  his 
spare  time  to  the  reading  of  law  in  his  friend's  office, 
and  the  two  saw  a  great  deal  of  each  other.  Very  nat- 
urally the  Texas  project  was  often  the  subject  of  con- 
versation and  Hawkins  became  very  much  interested  in 
it.  He  saw  great  possibilities  in  it  if  the  Spanish  authori- 
ties would  agree  to  open  the  province  to  colonization. 

Meantime,  Moses  Austin  was  returning  from  San 
Antonio  de  Bexar  with  the  assurance  that  his  petition 
would  be  granted.  It  was  a  hard  enough  trip  at  best, 
but  to  make  matters  worse,  he  fell  in  with  a  company  of 
men  who,  after  gaining  his  confidence,  overpowered 
him,  robbed  him  of  everything  he  had  and  left  him  in 
the  wilderness  to  die.  Entirely  exposed  to  the  weather 
and  without  food  except  such  as  he  could  find  along  the 


IN  HIS  FATHER'S  FOOTSTEPS  75 

way,  he  suffered  great  hardship  and  privation.  By  the 
time  he  reached  the  Sabine  he  was  so  ill  that  he  was 
compelled  to  remain  at  the  house  of  Hugh  McGuffin, 
on  the  American  side  of  the  river,  for  three  weeks. 
From  here  he  dispatched  letters  home  and  to  Stephen 
at  New  Orleans.  Elias  Bates,  a  nephew,  came  on  from 
Missouri  to  meet  him,  and  found  him  "greatly  afflicted 
with  a  pain  in  his  chest,  caused  by  a  severe  cold  he  had 
contracted  during  his  trip  of  exposure  and  privation." 

Upon  receiving  news  of  his  father's  return,  Stephen 
went  to  Natchitoches  in  expectation  of  meeting  him, 
but  he  had  left  with  Bates  for  Missouri  a  few  days  be- 
fore. Stephen  found  there,  however,  a  number  of  men 
who  already  had  engaged  to  join  the  Texas  expedition 
in  the  event  the  petition  was  granted,  and  after  con- 
ferring with  them  he  returned  to  New  Orleans.  Moses 
Austin  now  set  about  making  arrangements  for  a  colony. 
He  planned  to  return  to  Natchitoches  by  the  latter  part 
of  May,  and  notified  several  of  his  prospective  colonists 
to  meet  him  at  that  place.  He  put  his  affairs  in  shape 
and  settled  finally  the  Bank  of  St.  Louis  matter,  which 
left  him  just  about  enough  funds  to  outfit  an  expedi- 
tion. "I  can  now  go  forward  with  confidence,"  he  wrote 
to  Stephen  on  May  22,  "and  I  hope  and  pray  you  will 
discharge  your  doubts  as  to  the  enterprise."  But  his 
feeble  health  continued  and  he  was  unable  to  make  the 
start  for  Natchitoches. 

A  commission  representing  the  authorities  of  New 
Spain,  headed  by  Erasmo  Seguin  and  Juan  Martin  de 
Veramendi,  arrived  at  Natchitoches  about  this  time, 
expecting  to  meet  Moses  Austin  there  and  to  deliver  to 
him  the  confirmation  of  his  grant.   News  of  this  reached 


76  A  HISTORY  OF  TEXAS 

Stephen  at  New  Orleans,  who  was  also  to  join  his  father 
at  that  place  and  go  with  him  to  Texas.  Upon  receipt  of 
this  news  he  left  immediately  for  Natchitoches  by 
steamboat,  accompanied  by  Lieut.  William  Wilson 
of  Washington,  D.  C,  James  Beard  of  St.  Louis  and  Dr. 
James  Hewitson,  all  of  whom  had  become  interested  in 
the  project.  The  party  arrived  there  on  June  26,  and 
was  welcomed  by  a  number  of  other  prospective  colonists 
who  had  come  on  in  response  to  Moses  Austin's  notifica- 
tion. Stephen  informed  Seguin  that  his  father  was  de- 
layed by  illness,  but  would  come  on  later.  It  was  part 
of  the  commissioner's  duty  to  conduct  Moses  Austin  into 
the  province  in  order  that  he  might  select  a  site,  but 
he  expressed  the  opinion  that  there  would  be  no  dif- 
ficulty in  having  Stephen  act  in  his  father's  stead.  It 
was  agreed,  therefore,  that  they  should  return  to  Texas 
together. 

Most  of  Austin's  party  started  for  the  Sabine  on  July 
3,  and  Stephen  himself  followed  on  the  6th.  The  next 
day  he  overtook  them  and  they  proceeded  together.  On 
July  10  they  were  overtaken  by  a  man  whom  Stephen 
had  left  in  Natchitoches  to  await  the  arrival  of  his  mail, 
and  who  brought  the  sad  tidings  that  news  had  been 
received  there  that  Moses  Austin  was  dead.  The  mes- 
senger had  come  on  without  waiting  for  the  mail,  and 
Stephen  decided  to  return  immediately  to  ascertain 
whether  the  report  of  his  father's  death  was  correct  and 
to  get  his  mail. 

The  rest  of  the  party  continued  on  their  way  and 
crossed  the  Sabine  the  same  day,  leaving  Lieutenant 
Wilson  at  Camp  Ripley,  on  the  American  side  of  the 
river,  to  await  Stephen's  return.  In  this  party,  according 


IN  HIS  FATHER'S  FOOTSTEPS  77 

to  Austin's  diary,  were  Edward  Lovelace,  W.  Gasper, 
Henry  Holstein  and  a  man  named  Bellew  from  Cata- 
houla, Louisiana,  James  Beard  and  William  Little  from 
St.  Louis,  Dr.  James  Hewitson,  W.  Smithers  and  a  man 
named  Irwin  from  Indiana,  and  two  others  named  Neel 
and  Barnum.  Stephen  reached  Natchitoches  only  to  find 
that  his  letters  had  been  sent  on  in  the  keeping  of  Seguin 
and  his  party,  who  had  left  the  day  before,  and  he  turned 
back  to  overtake  them.  He  came  upon  their  camp  at  the 
Teran  on  the  14th,  received  his  mail,  and  then  proceeded 
to  join  Wilson.  The  news  of  his  father's  death  was  con- 
firmed, for  Moses  Austin  had  been  dead  several  days 
when  Stephen  left  New  Orleans.  The  responsibility  of 
carrying  the  project  forward  now  rested  completely  on 
Stephen's  shoulders. 

There  have  been  few  more  striking  figures  in  history 
than  that  of  this  young  man — he  was  then  only  twenty- 
seven  years  old- — standing  at  the  very  border  of  the  land 
in  which  his  mission  lay,  with  the  sorrow  of  his  father's 
death  filling  his  heart,  facing  the  responsibility  of  taking 
up  the  work  his  father  had  projected,  but  which  now 
had  been  passed  on  to  him.  For,  on  his  very  deathbed, 
Moses  Austin  had  charged  his  son  to  take  his  place.  A 
letter  from  his  mother,  written  two  days  before  the 
father's  death,  brought  him  this  commission. 

"He  called  me  to  his  bedside,"  she  wrote,  "and  with 
much  distress  and  difficulty  of  speech  begged  me  to  tell 
you  to  take  his  place,  and  if  God  in  His  wisdom  thought 
best  to  disappoint  him  in  the  accomplishment  of  his 
wishes  and  plans  formed,  he  prayed  Him  to  extend  His 
goodness  to  you  and  enable  you  to  go  on  with  the  busi- 
ness in  the  same  way  he  would  have  done." 


78  A  HISTORY  OF  TEXAS 

It  was  with  the  consciousness  of  this  charge  fresh  in 
his  mind  that  Stephen  rejoined  Wilson  at  Camp  Ripley, 
and  it  was  with  a  resolution  to  fulfill  this  dying  wish  of 
his  father  that  he  crossed  the  Sabine  river,  and  for  the 
first  time  set  foot  on  the  soil  of  Texas  on  July  16,  1821. 

The  death  of  Moses  Austin  had  brought  to  a  close  a 
life  that  had  been  almost  an  epitome  of  the  progress  of 
Anglo-American  civilization  across  the  continent.  Be- 
ginning in  Connecticut,  one  of  the  original  British  colo- 
nies, where  he  was  born,  its  course  had  taken  him  first 
to  the  frontier  of  Virginia,  where  he  founded  a  town 
in  the  wilderness,  then  across  the  Mississippi  into  the 
Spanish  domain,  and  finally  across  another  Spanish  bor- 
der into  Texas.  The  Americans  were  at  the  Mississippi 
when  he  crossed  into  Louisiana.  Now  they  were  at  the 
Sabine.  He  had  died  in  the  midst  of  plans  to  lead  the 
vanguard  of  the  Americans  into  a  new  region.  But  his 
plans  were  not  in  vain,  for  Stephen  had  now  "dis- 
charged his  doubts"  finally  and  was  determined  "to  go 
on  with  the  business  in  the  same  way  he  would  have 
done." 

However,  it  was  first  necessary  for  Stephen  to  have 
himself  officially  recognized  as  his  father's  successor, 
and  it  was  chiefly  for  this  purpose  that  he  now  journeyed 
to  San  Antonio.  The  confirmation  which  Seguin  was  to 
have  delivered  to  his  father  was  in  the  form  of  a  letter 
from  Martinez,  the  governor  of  the  province,  quoting 
an  official  communication  from  the  commandant  gen- 
eral, Arredondo,  which  in  turn  transmitted  to  the  gov- 
ernor the  resolution  of  the  provincial  deputation  at 
Monterey  recommending  that  the  petition  be  granted. 


IN  HIS  FATHER'S  FOOTSTEPS  79 

The  resolution,  to  which  the  commandant  general  noti- 
fied Martinez  he  conformed,  was  as  follows: 

"It  will  be  expedient  to  grant  the  permission  solicited 
by  Moses  Austin  that  the  three  hundred  families,  which 
he  says  are  desirous  to  do  so,  should  remove  and  settle 
in  the  province  of  Texas,  but  under  the  conditions  indi- 
cated in  his  petition  on  the  subject,  presented  to  the 
governor  of  that  province,  and  which  your  lordship 
transmitted  to  this  deputation  with  your  official  letter  of 
the  1 6th  instant.  Therefore,  if  to  the  first  and  principal 
requisite  of  being  Catholics,  or  agreeing  to  become  so, 
before  entering  the  Spanish  territory  they  also  add  that 
of  accrediting  their  good  character  and  habits,  as  is  of- 
fered in  said  petition,  and  taking  the  necessary  oath  to 
be  obedient  in  all  things  to  the  government,  to  take  up 
arms  in  its  defense  against  all  kinds  of  enemies,  and  to 
be  faithful  to  the  king,  and  to  observe  the  political  con- 
stitution of  the  Spanish  monarchy,  the  most  flattering 
hopes  may  be  formed  that  the  said  province  will  receive 
an  important  augmentation  in  agriculture,  industry 
and  arts  by  the  new  immigrants,  who  will  introduce 
them;  which  is  all  this  deputation  have  to  say  in  reply  to 
your  lordship's  aforementioned  official  letter." 

Martinez,  in  transcribing  all  this  to  Moses  Austin, 
directed  that  he  communicate  with  him  as  to  the  time 
and  place  of  the  arrival  of  the  colonists,  in  order  that 
land  might  be  allotted  to  them  and  the  arrangements  be 
made  for  them  to  take  the  oath  of  allegiance  to  the 
Spanish  crown  "in  order  that  they  may  be  from  that 
time  considered  as  members  united  to  the  Spanish  nation, 
and  enter  upon  the  enjoyment  of  the  benefits  which  it 
extends  and  concedes  to  its  citizens  and  to  Spaniards." 


80  A  HISTORY  OF  TEXAS 

"I  shall  also  expect/'  the  letter  continued,  "from  the 
prudence  which  your  deportment  demonstrates,  and  for 
your  own  prosperity  and  tranquillity,  that  all  the  fami- 
lies you  introduce  shall  be  honest  and  industrious,  in 
order  that  idleness  and  vice  may  not  pervert  the  good 
and  meritorious  who  are  worthy  of  Spanish  esteem  and 
of  the  protection  of  this  government,  which  will  be 
extended  to  them  in  proportion  to  the  moral  virtue  dis- 
played by  each  individual." 

Martinez  also  informed  Austin  that  a  port  on  the 
gulf  coast  had  been  opened  to  navigation  for  the  bene- 
fit of  the  new  settlers. 

Much  has  been  made  of  the  fact  that  in  this,  and  in 
subsequent  documents  relating  to  the  colonization  of 
Texas,  it  was  required  that  the  colonists  should  be  Ro- 
man Catholics,  and  that  Stephen  Austin  never  made  any 
attempt  to  comply  with  this  requirement. 

It  is  necessary  to  remark  here  only  that  this  require- 
ment was  never  enforced,  either  with  respect  to  Austin's 
colonists  or  any  others,  nor  was  any  attempt  ever  made 
to  enforce  it.  Moreover,  it  was  well  known  to  the 
authorities  that  neither  Moses  nor  Stephen  Austin  was 
a  Catholic.  That  there  must  have  been  a  general  verbal 
understanding  that  this  requirement  was  only  a  matter 
of  form  seems  certain.  Incidentally  it  is  to  be  noted  that 
in  his  cautioning  words  to  Moses  Austin  in  the  matter 
of  the  character  of  the  colonists,  Martinez  did  not  in- 
sist that  they  must  be  Catholics. 

The  journey  to  San  Antonio  required  nearly  a  month 
of  travel,  but  it  was  not  unpleasant,  for  traveling  in  a 
large  company  was  a  much  different  matter  from  the 
lonesome  journey  Moses  Austin  had  made.    But  on  all 


MISSION   SAN    FRANCISCO   DE   LA  ESPADA. 


IN  HIS  FATHER'S  FOOTSTEPS  81 

sides  evidences  of  the  failure  of  the  Spanish  effort  were 
to  be  seen.  Between  the  Sabine  and  Nacogdoches  there 
were  a  few  farms,  some  of  the  settlers  being  Americans 
who  had  crossed  the  Sabine  even  at  this  early  date. 
Austin  himself  mentions  Amberson's,  eight  miles  west 
of  the  river;  English's,  twenty- five  miles  inland,  and 
J.  H.  Bell's,  a  little  further  on.  Bell  subsequently  be- 
came one  of  Austin's  colonists.  John  Cartwright  had 
settled  near  the  present  town  of  San  Augustine  two 
years  before,  and  there  were  a  few  other  hardy  frontiers- 
men who,  in  defiance  of  the  Spanish  power  and  indif- 
ferent to  danger  from  the  Indians,  had  built  their  cabins 
in  the  Texas  wilderness.  Austin  spent  his  second  night 
in  the  province  at  Bell's  cabin  and  then  pushed  on  to 
Nacogdoches. 

Nacogdoches  was  in  ruins,  Stephen  noting  in  his  diary 
that  only  five  houses  and  a  church  were  left  standing 
entire  of  what  had  once  been  a  flourishing  settlement. 
While  the  party  waited  there,  Seguin  had  the  inhabitants 
to  gather  in  order  to  receive  a  message  from  the  govern- 
ment, and  only  thirty-six  persons  were  thus  brought 
together. 

Just  beyond  Nacogdoches  there  were  two  farms,  and 
from  that  point  to  San  Antonio  the  country  was  a  com- 
plete wilderness.  On  July  26  Austin's  company  met 
two  parties  coming  from  La  Bahia,  who  said  they  had 
passed  three  fresh  corpses  lying  in  the  road,  one  of  a 
Spaniard  and  two  of  Americans,  and  that  nearby  was  a 
newly-made  grave  where  another  had  been  buried.  This 
evidently  was  the  work  of  Indians.  One  of  the  parties 
also  imparted  the  news  that  Indians  had  recently  com- 
mitted depredations  in  San  Antonio  itself — had  killed 


82  A  HISTORY  OF  TEXAS 

men  within  the  town  and  stolen  horses  and  mules.  The 
inhabitants  of  the  town  were  said  to  be  much  distressed 
over  the  situation. 

All  of  this  was  striking  evidence  of  the  waning  of  the 
Spanish  power  in  Texas,  and  throws  abundant  light  on 
the  question  of  why  Moses  Austin's  proposal  to  colonize 
the  province  under  Spanish  auspices  was  so  readily  ac- 
cepted. To  people  Texas  with  settlers  who  would  atake 
the  necessary  oath  to  be  obedient  in  all  things  to  the 
government"  and  ato  take  up  arms  in  its  defense  against 
all  kinds  of  enemies,"  was  certainly  desirable.  In  Texas 
the  Indians  had  become  far  more  menacing  "enemies" 
than  any  other,  even  than  invaders  from  the  American 
side  of  the  Sabine.  Neither  Spaniards  nor  native  Mexi- 
cans could  deal  with  them  effectively  nor  check  them 
permanently.  A  century  of  experience  had  proved 
that.  If  peaceful  subjects,  capable  of  winning  the 
country  from  the  savages,  could  be  settled  in  the  prov- 
ince the  question  of  "what  to  do  about  Texas,"  which 
was  puzzling  the  authorities  of  New  Spain,  would  be 
answered. 

As  Austin  proceeded  on  his  way  to  San  Antonio  he 
took  careful  note  of  the  country  through  which  they 
passed — the  character  of  the  soil,  the  waterways,  the 
timber — and  was  very  favorably  impressed.  It  was  in- 
deed a  fine  country,  such  as  the  hardy  American  fron- 
tiersmen could  convert  into  cultivated  fields  and  com- 
fortable homes.  That  there  were  difficulties  in  the  way, 
difficulties  which  the  Spaniards  and  Mexicans  had  found 
it  impossible  to  overcome,  was  without  doubt  clearly 
recognized  by  Austin  and  his  associates,  but,  while  he 
was  not  a  frontiersman  of  the  leather-stocking  variety, 


IN  HIS  FATHER'S  FOOTSTEPS  83 

he  had  been  reared  in  a  frontier  country  in  which  hostile 
Indians  abounded  when  he  was  a  boy,  and  he  was  en- 
tirely capable,  in  spite  of  his  comparative  youth,  to  meet 
those  difficulties. 

However,  for  a  young  man  to  undertake  to  induce 
three  hundred  families  to  forsake  the  land  of  their 
birth,  leaving  their  friends  and  neighbors  in  the  more 
thickly  settled  and  civilized  territory  of  the  United 
States,  and  follow  him  into  such  a  wilderness,  required 
uncommon  courage  and  self-confidence.  That  Stephen 
Austin  was  not  deterred  from  undertaking  the  task  was 
not  due  to  a  lack  of  appreciation  of  the  difficulties  which 
were  already  apparent.  Nor  was  a  lack  of  modesty  with 
respect  to  his  own  qualifications  responsible  for  his 
course.  He  recognized  the  difficulties,  but  he  knew  his 
people,  and  if  he  had  any  misgivings  they  were  not 
caused  by  fear  that  American  settlers  would  not  prove 
equal  to  whatever  conditions  they  might  encounter  in 
the  Texas  wilderness. 

Austin's  company  and  its  Spanish  escort  arrived  at 
the  Guadalupe  river  on  the  evening  of  August  10,  and 
Stephen  observed  that  the  country  was  the  most  beauti- 
ful he  had  ever  seen.  They  were  now  within  two  days' 
journey  of  San  Antonio,  and  Seguin  sent  messengers 
ahead  to  announce  their  approach.  The  next  day  they 
pushed  on  sixteen  miles  and  camped  at  night  on  the 
banks  of  a  creek.  On  the  morning  of  Sunday,  August 
12,  the  camp  was  thrown  into  a  state  of  excitement  by 
the  return  of  Seguin's  messengers  with  the  news  that  the 
independence  of  Mexico  had  been  achieved  and  that  the 
whole  town  was  celebrating  the  event.    The  Spaniards 


84 A  HISTORY  OF  TEXAS 

received  these  tidings  with  great  rejoicing  and  with 
shouts  of  "Viva  la  indefiencia!"  There  was  no  mis- 
taking their  sentiments.  Mexico's  destiny  henceforth 
was  to  be  in  the  hands  of  her  own  people.  To  them  it 
seemed  the  beginning  of  a  new  day.  And  so,  after  par- 
taking of  a  meal  of  many  Mexican  dishes  which  had 
been  sent  out  by  the  wives  of  the  Spaniards,  dishes  which 
Stephen  Austin  tasted  for  the  first  time,  the  whole  com- 
pany proceeded  to  San  Antonio  to  join  the  celebration. 

Austin  was  welcomed  by  Baron  de  Bastrop,  and  in 
company  with  him  and  Seguin  called  upon  Martinez. 
He  informed  the  governor  of  his  father's  death  and  of 
his  desire  to  be  recognized  officially  as  his  successor.  The 
governor  agreed  that  this  should  be  done,  and  expressed 
the  opinion  that  an  official  letter  from  himself  to  Aus- 
tin, formally  setting  forth  this  recognition,  would  serve 
the  purpose.  He  did  not  think  that  the  change  in  gov- 
ernment affected  the  matter.  Accordingly,  on  Tuesday, 
August  14,  Martinez  wrote  the  following  letter,  offi- 
cially recognizing  Austin's  status: 

"Inasmuch  as  the  supreme  government  of  this  king- 
dom granted  to  your  deceased  father,  Mr.  Moses  Austin, 
a  permission  to  introduce  three  hundred  Louisiana  fami- 
lies who,  through  him,  solicited  to  establish  a  new  set- 
tlement in  this  province  under  my  command,  and  that 
in  consequence  of  the  death  of  your  father  you  have 
come  to  this  capital  charged  by  him  with  said  commis- 
sion for  the  benefit  of  said  families ;  I  have  to  say  that 
you  can  immediately  proceed  to  the  river  Colorado,  and 
examine  the  land  on  its  margins  which  may  be  best 
suited  for  the  location  of  the  before-mentioned  fami- 


IN  HIS  FATHER'S  FOOTSTEPS 85 

lies,  informing  me  of  the  place  which  you  may  have 
selected,  in  order  that  on  the  arrival  of  said  families  a 
competent  commissioner  may  be  sent  to  divide  out  and 
distribute  the  lands ,  and  inasmuch  as  they  are  permitted 
to  transport  their  property  by  land  or  by  sea,  it  must 
be  landed  in  the  Bay  of  St.  Bernard,  where  a  new  port 
has  been  opened  by  the  superior  government ;  for  which 
purpose,  and  in  consequence  of  the  favorable  informa- 
tion which  this  government  has  received  of  you,  and  in 
order  to  facilitate  the  transportation  of  property,  I  grant 
you  permission  to  sound  the  river  Colorado  from  the 
point  where  the  new  settlement  may  be  established  to 
its  mouth,  without  extending  the  sounding  any  farther; 
all  of  which  you  will  form  as  correct  a  map  as  circum- 
stances will  permit,  which  you  will  transmit  to  me. 

"I  have  also  to  apprise  you,  for  the  information  of  the 
said  new  settlers,  that  all  the  provisions  for  their  own 
use,  farming  utensils  and  tools,  can  be  introduced  free 
of  duty  or  charge,  but  all  merchandise  for  commerce 
must  pay  the  established  duties. 

"Inasmuch  as  the  tranquillity  of  this  province  under 
my  command,  and  even  the  individual  interest  of  the 
said  families,  requires  that  the  immigration  which  has 
been  granted  shall  be  composed  of  honest,  virtuous, 
tranquil  and  industrious  persons,  as  your  deceased  father 
offered  to  this  government,  I  expect  that  you  will  de- 
vote the  greatest  care  and  attention  to  this  interesting 
point,  and  reject  all  those  who  do  not  possess  the  quali- 
fications above  indicated,  or  who  appear  to  be  idle,  un- 
steady or  turbulent ;  for  you  as  their  head  will  be  respon- 
sible to  the  government  for  the  whole  of  them,  and 
you  will  be  required  to  present  documents  of  recom- 


86 A  HISTORY  OF  TEXAS 

mendations  for  each  of  them.  All  of  which  I  communi- 
cate to  you  for  your  government,  God  preserve  you 
many  years!" 

In  delivering  to  Austin  this  official  recognition  as 
the  successor  of  his  father,  Martinez  requested  him  to 
submit  in  writing  a  plan  for  the  distribution  of  the  land 
to  the  settlers.  Austin  complied  with  this  request,  sug- 
gesting that  to  every  man,  whether  married  or  single, 
should  be  allotted  a  town  lot,  and  a  tract  of  farming 
and  grazing  land,  the  farming  land  to  border  a  stream, 
and  that  two  hundred  acres  should  be  added  for  the 
wife,  should  there  be  one,  eighty  acres  for  each  child, 
and  fifty  acres  for  each  slave. 

Austin  took  up  with  Martinez  the  question  of  requir- 
ing each  of  the  colonists  to  pay  a  small  fee  in  order  to 
help  bear  the  expense  of  the  enterprise,  He  asked 
whether  there  was  any  objection  to  an  arrangement  by 
which  this  fee  would  be  fixed  on  the  basis  of  the  acreage 
received,  and  suggested  twelve  and  a  half  cents  an  acre 
as  the  proper  figure.  Martinez  replied  he  could  see  no 
objection  to  such  an  arrangement,  that  the  government 
would  expect  the  contract  to  be  complied  with  as  to  the 
number  and  character  of  the  colonists,  and  that  any  pri- 
vate agreement  between  Austin  and  the  individual 
colonists  would  be  their  own  affair. 

In  presenting  the  matter,  Austin  illustrated  the 
point  by  supposing  that  three  times  as  many  families  as 
were  provided  for  in  the  grant  should  apply  to  him,  and 
he  should  say  to  them,  "Only  three  hundred  will  be 
admitted,  and  I  will  receive  those  who  will  pay  me  such 
and  such  an  amount."  Martinez  said  that  if  no  decep- 
tion were  used  or  fraud  practiced,  even  such  an  arrange- 


IN  HIS  FATHER'S  FOOTSTEPS 87 

ment  as  that,  freely  and  voluntarily  made  and  under- 
stood by  all  parties,  would  not  be  interfered  with  by  the 
government.  He  made  clear,  however,  that  with  respect 
to  all  this,  including  the  amount  of  land  to  be  given  each 
settler,  the  superior  government  might  take  a  different 
attitude.  But  he  expressed  the  opinion  that  it  would 
agree  to  the  arrangement. 

Having  settled  all  these  points,  Martinez,  on  August 
19,  provided  Austin  with  written  acknowledgment  of 
receipt  of  his  statement  of  terms  and  authority  to  pro- 
ceed on  their  basis.   This  document  read  as  follows: 

"Having  seen  your  representation  to  this  government, 
and  finding  it  to  be  conformable  with  its  ideas,  I  have 
to  inform  you  that,  although  I  shall  render  an  account 
of  it  to  the  supreme  government  for  its  deliberation,  still 
not  doubting  it  will  be  approved  of,  you  can  immediately 
offer  to  the  new  settlers  the  same  terms  as  contained  in 
your  proposals,  assuring  you  that  should  the  superior 
government  make  any  small  variation,  I  will  in  due  time 
communicate  it  to  you;  with  which  I  answer  your  afore- 
mentioned representation." 

It  then  occurred  to  Austin  that  some  arrangement 
should  be  made  for  the  government  of  the  colonists, 
and  he  mentioned  the  matter  to  Martinez.  The  governor 
replied  that  a  proper  arrangement  would  be  made  in  due 
time,  but  that  it  would  have  to  be  given  some  considera- 
tion. 

Meantime,  the  hospitable  Spaniards  entertained  their 
guests  as  best  they  could  with  the  facilities  at  hand,  and 
among  other  things  they  took  Stephen  on  a  "mustang 
hunt."  Stephen  was  struck  by  the  fine  appearance  of 
these  wild  little  animals,  and  remarks  in  his  diary  that 


88  A  HISTORY  OF  TEXAS 

many  of  them  would  bring  as  much  as  two  hundred 
dollars  at  New  Orleans.  He  purchased  a  number  of 
mustangs  to  take  back  with  him. 

There  was  apparent  among  the  people  of  the  town  a 
general  approval  of  the  projected  colonization  plans, 
and  the  priest  of  the  parish  expressed  to  Stephen  the 
wish  that  he  might  be  made  the  padre  of  the  colony. 
The  coming  of  the  Americans  meant  greater  security 
from  the  Indians,  and  it  is  significant  that  the  priest 
should  have  regarded  the  appointment  of  padre  to  the 
new  settlement  as  more  desirable  than  the  post  he  held 
at  San  Antonio.  Stephen  had  evidence  of  the  precarious 
position  of  the  Spaniards  during  his  stay,  for  one  of  the 
men  of  the  town  was  killed  and  another  wounded  by 
Indians  while  he  was  dispatching  his  business. 

There  remained  now  only  the  selection  of  a  site  for 
the  colony,  and  armed  with  letters  to  the  alcalde  of  La 
Bahia,  Austin  and  his  company  set  forth  for  that  place 
on  the  morning  of  August  2 1 .  After  five  days'  travel 
they  arrived  at  La  Bahia,  but  the  alcalde  informed 
Stephen  that  the  only  suitable  guides  for  the  explora- 
tion of  the  country  were  two  soldiers  whom  he  could 
not  detail  to  that  duty  without  a  special  order  from  the 
governor.  A  post  was  just  leaving  for  San  Antonio  and 
Stephen  decided  to  await  its  return  in  order  that  the 
required  permission  might  be  obtained. 

Here  again  were  evidences  of  the  decay  of  the  Span- 
ish power.  The  town  surrounding  the  old  fort  was  in 
ruins.  The  devastation  caused  by  the  Magee  invasion 
had  not  been  repaired,  and  Indian  depredations  since 
then  had  added  further  to  the  dilapidated  condition  of 
the  place.    While  there  was  some  trade  through  La 


IN  HIS  FATHER'S  FOOTSTEPS  89 

-I»llll  i  I   llll         I  nriri       ■-!■  II        II  ■■■  I' ■  .■-,.,, i—!      .-.     Ill  ll  I  |  , 

Bahia  from  Natchitoches  to  the  coast,  and  money  was 
in  evidence,  Stephen  remarked  that  athe  Spaniards  live 
poorly."  They  had  no  knives  and  ate  with  forks  and 
spoons  and  with  their  fingers.  "The  inhabitants/5  he 
notes  in  his  diary,  "have  a  few  cattle  and  horses  and 
raise  some  corn."  And  the  priest  at  La  Bahia,  like  his 
colleague  at  San  Antonio,  expressed  the  desire  to  be  ap- 
pointed padre  to  the  new  colony. 

On  August  3  1  the  post  returned  from  San  Antonio 
with  the  information  that  even  two  soldiers  from  La 
Bahia  could  not  be  spared,  so  Stephen  decided  to  take 
such  guides  as  the  town  afforded.  He  now  divided  his 
company  in  two  parts  and  sent  one  part  of  it  back  to 
Louisiana  by  way  of  Natchitoches  with  the  horses  and 
mules. 

The  messenger  from  San  Antonio  also  brought 
Stephen  a  letter  from  Baron  de  Bastrop  and  one  from 
the  governor.  The  latter  announced  the  decision  to  place 
the  government  of  the  new  colony  entirely  under 
Stephen's  direction.  The  commission  bestowing  this 
authority  upon  him  was  dated  August  24,  and  read  as 
follows: 

"For  the  better  regulation  of  the  Louisiana  families 
who  are  to  immigrate,  and  while  the  new  settlement  is 
forming,  you  will  cause  them  all  to  understand  that  until 
the  government  organizes  the  authority  which  has  to 
govern  them  and  administer  justice,  they  must  be  gov- 
erned by  and  be  subordinate  to  you;  for  which  purpose 
I  authorize  you,  as  their  representative,  and  I  am  rely- 
ing on  your  faithful  discharge  of  the  duty.  You  will 
inform  us  of  whatever  may  occur,  in  order  that  such 
measures  may  be  adopted  as  may  be  necessary." 


90  A  HISTORY  OF  TEXAS 

Considering  that  Austin  was  only  twenty-seven  years 
old  and  that  Martinez  had  seen  him  for  the  first  time 
only  twelve  days  before  this  order  was  written,  it  is  a 
remarkable  testimonial  to  the  confidence  which  Austin 
inspired.  In  this  he  was  very  much  like  his  father,  and 
it  was  to  this  characteristic — the  power  which  each  pos- 
sessed to  win,  through  sheer  force  of  character,  the 
absolute  confidence  of  other  men — more  than  to  any 
other  influence,  that  the  opening  up  of  Texas  to  coloni- 
zation was  due. 

With  a  Spanish  guide  who  proved  useless,  and  a  few 
Indians  who  were  no  better,  Austin  and  the  remaining 
members  of  his  company  now  set  out  to  explore  the 
country  along  the  Colorado  and  Brazos  rivers.  They 
had  no  adventures  worthy  of  remark,  except  that  they 
encountered  a  party  of  hostile  Indians  who  did  not  mo- 
lest them  because  of  their  superiority  of  numbers.  When 
they  reached  the  Brazos  they  divided  into  two  parties, 
Lovelace  and  three  companions  exploring  the  region  on 
the  west  side  of  the  river,  and  Stephen  and  the  rest 
proceeding  on  the  east  side.  Austin  found  the  country 
"as  good  in  every  respect  as  man  could  wish  for,  land 
first  rate,  plenty  of  timber,  fine  water — beautifully  roll- 
ing." When  Lovelace  joined  him  he  reported  "that 
the  country  they  came  over  was  superior  to  anything 
they  had  seen  before  in  the  province."  So  it  was  decided 
that  in  this  general  region  the  colony  should  be  located. 

Austin  now  returned  to  the  United  States  by  way  of 
Natchitoches,  and  from  that  place  wrote  to  Governor 
Martinez.  He  took  occasion  to  suggest  a  change  in  the 
agreement  with  respect  to  the  amount  of  land  to  be  given 
the  colonists.    This  change,  to  which  the  governor  sub- 


IN  HIS  FATHER'S  FOOTSTEPS 91 

sequently  agreed,  provided  that  to  each  head  of  a  family, 
and  to  each  single  man  of  legal  age,  there  should  be 
given  six  hundred  and  forty  acres,  with  three  hundred 
and  twenty  acres  in  addition  for  the  wife,  should  there 
be  one,  and  one  hundred  and  sixty  acres  for  each  child. 
It  also  increased  the  allowance  for  a  slave  from  fifty  to 
eighty  acres.  Austin  was  now  possessed  of  full  authority 
to  launch  the  enterprise  and  was  determined  there  should 
be  as  little  further  delay  as  possible.  The  first  and  the 
greatest  of  the  Texas  empresarios  had  begun  his  work. 


CHAPTER  VI. 

A  YEAR  OF  REVOLUTIONS. 

The  last  official  act  of  a  Spanish  viceroy  in  Mexico 
was  performed  at  Cordova  on  August  24,  1821,  the  same 
day  that  Martinez  signed  the  commission  authorizing 
Stephen  Austin  to  govern  the  proposed  new  colony  in 
Texas.  For,  on  that  day,  Juan  O'Donojii,  who  had 
landed  at  Vera  Cruz  on  July  30  with  instructions  to 
take  over  the  government  of  New  Spain,  signed  a  treaty 
with  Augustin  de  Iturbide,  agreeing  to  the  independence 
of  Mexico.  Then,  on  September  27,  while  Austin  was 
returning  to  New  Orleans,  after  having  explored  the 
Colorado  and  Brazos  rivers,  Iturbide  entered  Mexico 
City  in  triumph,  hailed  as  the  liberator  of  the  Mexican 
nation. 

In  the  meantime,  Dr.  James  Long  had  been  busy  at 
New  Orleans  and  Bolivar  Point  for  some  time  preparing 
for  another  expedition  into  Texas.  The  turn  of  events 
in  Mexico  hastened  his  plans,  for  it  was  important  to 
his  purposes  that  he  should  be  on  Texas  soif  before  the 
independence  of  Mexico  was  achieved.  Just  what  he 
expected  is  not  very  clear,  but  the  idea  that  an  independ- 
ent Mexico  would  consent  to  a  revision  of  the  treaty 
of  1819  and  the  fixing  of  a  new  boundary  so  as  to  trans- 
fer most  of  Texas  to  the  United  States,  was  a  favorite 
one  with  the  American  adventurers  of  this  period,  and 
Long  probably  had  something  of  this  sort  in  mind.  Even 
if  he  sought  nothing  more  than  recognition  and  reward 

93 


94  A  HISTORY  OF  TEXAS 

for  his  "services  to  the  cause  of  independence/'  it  was 
essential  that  he  should  have  some  tangible  evidence  of 
those  services.  Iturbide's  triumph  made  it  necessary  to 
strike  without  delay.  It  was  a  case  of  "now  or  never" 
with  Long,  and,  accordingly,  in  company  with  other 
"republican"  leaders  who  desired  to  be  on  the  ground,  he 
landed  at  the  mouth  of  the  San  Antonio  river  early  in 
October  and  captured  La  Bahia  without  much  difficulty. 
He  was  too  late,  however,  for  the  party  which  tri- 
umphed in  Mexico  was  not  one  which  would  be  likely 
to  countenance  an  American  invasion  of  Texas,  under 
whatever  guise,  and  Long  was  promptly  placed  under 
arrest.  He  was  sent  to  Mexico  City,  and  while  he  was 
soon  released,  he  made  little  or  no  headway  in  impress- 
ing the  new  government  with  the  idea  that  his  services 
merited  a  reward.  While  sojourning  in  the  capital,  he 
was  shot  and  killed  by  a  Mexican  soldier,  apparently 
over  something  entirely  unconnected  with  his  activities 
in  Texas.  And  so  the  period  of  American  armed  inva- 
sions of  Texas  came  to  an  end  at  the  very  moment  an- 
other kind  of  invasion  was  in  preparation. 

These  events  excited  widespread  interest  throughout 
the  southwestern  part  of  the  United  States.  Mexico  was 
in  the  public  eye,  and  the  newspapers  were  filled  with 
reports  and  rumors  of  what  was  happening  or  about  to 
happen.  In  the  midst  of  all  this,  Stephen  Austin  re- 
turned to  New  Orleans  and  announced  through  the 
newspapers  that  Texas  was  now  open  to  colonization. 
There  had  been  rumors  of  the  forthcoming  opening  of 
Texas  in  circulation  throughout  the  border  country  ever 
since  Moses  Austin  had  returned  from  San  Antonio,  and 
the  news  of  Mexican  independence  had  increased  interest 


A  YEAR  OF  REVOLUTIONS  95 

in  this  prospect.  Stephen  now  became  an  object  of  much 
curiosity.  He  was  pointed  out  when  he  appeared  in 
public  places,  and  one  wag  dubbed  him  "the  emperor 
of  Texas."  It  was  soon  evident  there  would  be  no  dif- 
ficulty in  obtaining  colonists,  for  there  were  many  who 
were  willing  and  ready  to  try  their  fortunes  in  this  new 
promised  land. 

The  difficulty  which  Austin  faced  was  that  of  financ- 
ing the  project,  and  now  the  friendship  between  him 
and  Joseph  Hawkins  developed  into  a  business  partner- 
ship. Hawkins  agreed  to  help  finance  the  enterprise  for 
a  share  of  the  lands  which  would  be  obtained  in  consid- 
eration of  introducing  colonists  into  Texas.  So,  under 
this  arrangement,  the  new  firm  was  launched.  A  small 
schooner  of  about  thirty  tons,  called  the  Lively,  was 
purchased  and  a  full  equipment  of  tools,  provisions  and 
supplies,  including  seed  for  the  first  crop,  was  provided 
for  the  proposed  colony.  It  was  agreed  that  the  Lively 
should  convey  this  equipment  to  Texas  by  sea,  together 
with  a  small  contingent  of  colonists,  and  that  Austin 
should  conduct  another  party  overland  from  Natchi- 
toches. After  seeing  his  party  located,  Austin  would  go 
to  the  mouth  of  the  Colorado  to  meet  the  Lively,  and 
thus  the  two  parties  would  join  and  establish  the  nucleus 
of  the  new  settlement.  Having  completed  all  arrange- 
ments for  the  Lively  to  sail  from  New  Orleans,  Austin 
bade  good-bye  to  his  friend  and  partner,  Hawkins,  and 
left  to  join  the  company  of  prospective  colonists  at 
Natchitoches.  And  that  was  the  last  time  he  set  eyes 
on  either  Hawkins  or  the  Lively,  as  the  sequel  will 
show. 

Writing  of  these  events  several  years  afterwards, 


96  A  HISTORY  OF  TEXAS 

Stephen  Austin  characterized  his  father's  success  in  ob- 
taining the  colonization  grant  from  New  Spain  as  "the 
entering  wedge  for  opening  a  legal  passage  of  North 
American  immigrants  into  Texas."  "But,"  he  hastens 
to  add,  "it  required  inflexible  perseverance  and  years  of 
toil  and  labor  to  drive  it  forward."  Difficulties  beset 
Austin's  path  from  the  very  start.  He  arrived  with  his 
party  at  the  banks  of  the  Brazos  near  the  La  Bahia  road, 
in  December,  1821,  and  saw  his  settlers  started  to  work 
at  clearing  the  wilderness.  He  then  hurried  to  the 
mouth  of  the  Colorado  to  meet  the  Lively  and  to  see  to 
the  moving  of  the  tools  and  supplies  from  the  coast  to 
the  site  of  the  settlements.  But  no  Lively  appeared.  He 
waited  many  weary  weeks  in  vain,  and  finally,  conclud- 
ing that  the  schooner  had  been  lost  or  had  missed  its 
way,  he  abandoned  the  vigil  and  set  about  the  more 
pressing  duty  of  notifying  the  authorities  at  San  Antonio 
of  the  arrival  of  the  colonists. 

The  most  serious  consequence  of  the  failure  of  the 
Lively  to  arrive  wras  that  it  left  the  little  group  of  colo- 
nists without  a  supply  of  seed  for  the  first  crop.  Austin 
had  arranged  for  other  shipments  of  supplies,  but  even 
if  these  arrived  later,  they  were  likely  to  be  too  late  for 
planting.  It  would  be  necessary  to  get  seed,  especially 
corn,  from  San  Antonio,  or  to  send  some  one  to  Natchi- 
toches for  it.  Without  other  supplies  and  with  such  a 
prospect  before  them,  the  colonists  were  indeed  facing 
difficulties  at  the  very  outset.  Added  to  this,  hostile 
Indians  were  a  constant  danger  to  them,  and  this  danger 
was  increased  by  their  small  number,  which  the  Lively's 
passengers  would  have  strengthened. 

These  difficulties  were  small,  however,  compared  with 


MISSION   SAN   JUAN   CAPISTRANO. 


A  YEAR  OF  REVOLUTIONS  97 

one  which  awaited  them  at  San  Antonio.  In  March, 
1822,  accompanied  by  a  party  of  his  leading  colonists, 
including  his  younger  brother,  James,  who  had  come  to 
Texas  in  the  meantime,  Austin  went  to  San  Antonio  to 
report  to  the  authorities,  to  obtain  seed  for  planting, 
and  to  make  arrangements  for  the  issuance  of  land  titles 
and  the  administering  of  the  oath  of  allegiance.  Arriv- 
ing there,  he  received  the  astounding  information  that 
it  would  be  necessary  for  him  to  go  to  Mexico  City  im- 
mediately, in  order  to  procure  from  the  congress,  then 
in  session,  a  confirmation  of  the  grant  to  his  father,  and 
receive  special  instructions  as  to  the  distribution  of  land, 
the  issuing  of  titles,  and,  in  fact,  everything  else  con- 
nected with  the  proposed  colonization. 

This  was  very  discouraging  news.  It  simply  meant 
that  so  far  the  colony  had  no  legal  foundation,  and  that 
unless  the  new  government  consented  to  it,  Austin's  con- 
tract was  invalid.  From  San  Antonio  to  Mexico  City 
was  a  distance  of  twelve  hundred  miles  overland.  He 
had  made  no  preparations  for  such  a  journey,  and,  with 
the  colony  just  getting  started  under  great  handicaps  and 
difficulties,  it  was  very  necessary  that  Austin  should  be 
with  the  settlers  during  this  critical  period.  Besides,  his 
funds  were  very  low  and  he  had  great  need  of  them  for 
other  purposes  than  a  trip  to  Mexico  City  and  a  sojourn 
there  for  a  period  the  length  of  which  he  could  only 
guess. 

But  there  was  no  choice  in  the  matter.  It  was  Aus- 
tin's assurances  and  representations  which  had  induced 
the  colonists  to  leave  civilization  and  go  with  him  into 
the  wilderness.  They  were  now  facing  hardships  and 
dangers  because  of  the  promise  he  had  made  them  to 


98  A  HISTORY  OF  TEXAS 

provide  them  with  lands  for  homes  of  their  own.  His 
word  had  been  pledged  to  them,  for  he  had  never 
thought  to  question  the  judgment  of  Governor  Martinez 
that  the  terms  of  the  grant  would  be  approved  by  the 
new  central  government.  Unless  such  confirmation 
were  obtained  the  whole  project  would  end  in  disaster, 
the  colonists  would  have  suffered  the  hardships  and  dan- 
gers of  their  stay  in  the  wilderness  for  nothing,  and  to 
many  of  them  this  would  mean  a  loss  of  everything 
they  had  in  the  world.  He  must  go  to  Mexico  City 
without  delay  and  obtain  a  confirmation  of  his  father's 
grant,  no  matter  what  the  cost. 

The  patient  determination  which  was  one  of  the  chief 
elements  of  Stephen  Austin's  make-up,  and  which  over 
and  over  again  was  put  to  the  most  severe  test,  was 
strikingly  in  evidence  in  his  conduct  in  the  face  of  this 
situation.  A  less  determined  man  would  have  given  up, 
after  such  a  series  of  difficulties  culminating  in  this 
climax.  But  Austin  did  not  hesitate  a  moment.  Without 
returning  to  the  colony,  he  made  arrangements  for 
Josiah  H.  Bell  to  take  charge  until  his  return,  and  started 
on  the  twelve  hundred-mile  journey  to  Mexico  City. 

Austin  himself  has  given  a  vivid  picture  of  condi- 
tions in  Mexico  at  that  time.  "The  Mexican  nation 
had  just  sprung  into  existence,55  he  wrote  afterwards, 
"but  the  necessary  restraints  of  law,  system  and  local 
police  had  not  yet  been  sufficiently  established;  much 
disorder  prevailed  in  consequence  in  many  parts  of  the 
country  5  the  roads  were  infested  in  many  places  with 
deserters  and  lawless  bands  of  robbers.55  In  short,  a 
condition  bordering  on  anarchy  prevailed,  and  a  trav- 
eler was  in  constant  danger.     Nevertheless,  Austin  set 


A  YEAR  OF  REVOLUTIONS 99 

forth.  About  one  hundred  miles  below  San  Antonio 
he  was  stopped  by  a  party  of  Comanche  Indians,  who 
robbed  him  of  what  they  fancied,  but  permitted  him 
to  continue  on  his  way.  The  story  is  told  that  among 
the  objects  which  attracted  the  fancy  of  these  Indians 
was  a  Spanish  grammar,  which  Austin  had  been  study- 
ing in  an  effort  to  acquire  the  language  of  his  new 
rulers,  and  that  this  book  was  found  some  time  after- 
wards, being  passed  from  hand  to  hand  among  the 
Indians. 

From  Monterey  to  Mexico  City,  Austin  had  only 
one  companion,  Lorenzo  Christie,  who  had  been  a  cap- 
tain in  the  ill-fated  expedition  led  by  Mina,  Perry 
and  Aury  on  the  coast  in  1816.  Acting  upon  the  ad- 
vice of  officials,  they  disguised  themselves  in  ragged 
clothes,  posing  as  penniless  veterans  of  the  revolution 
en  route  to  the  capital  to  be  rewarded,  so  as  not  to 
tempt  the  cupidity  of  robbers  along  the  way.  Austin's 
passports  explained  his  identity  to  officials  wherever 
they  were  encountered,  and  they  were  uniformly 
friendly  and  courteous.  In  this  way  he  finally  reached 
Mexico  City  on  April  29,  1822. 

In  order  to  understand  the  situation  which  then  ex- 
isted in  Mexico,  it  is  necessary  to  review  some  of  the 
events  which  led  up  to  it.  It  is  a  mistake  to  think  of 
the  "revolution"  of  1821  as  republican  in  character, 
or  as  the  final  triumph  of  the  movement  which  began 
with  Hidalgo  in  1810.  That  movement  had  been 
crushed  utterly,  and  it  is  doubtful  if  it  would  have 
been  soon  revived  had  things  gone  smoothly  in  Spain. 
It  was  events  in  Spain  which  brought  about  the  move- 
ment of  1821,  and,  far  from  being  a  republican  move- 


100 A  HISTORY  OF  TEXAS 

ment,  it  proposed  to  create  a  monarchy  and  invite 
Ferdinand  VII  to  come  to  Mexico  and  accept  the  crown. 
Moreover,  the  cry  of  Hidalgo — "Death  to  the  Span- 
iards"— had  no  part  in  it.  On  the  contrary,  it  de- 
clared the  "unity"  of  Mexicans  and  Spaniards  in 
Mexico.  It  was  not  a  revolt  against  the  "tyranny"  of 
the  Spanish  crown,  but  rather  a  severance  of  Mexico 
from  the  liberals  who  were  obtaining  control  in  Spain, 
and  who  were  holding  Ferdinand  VII  practically  as  a 
prisoner.  Ferdinand  could  not  have  accepted  the  invi- 
tation of  Mexico  even  if  he  desired  to  do  so  above 
everything  else  in  the  world,  for  he  would  not  have 
been  permitted  to  leave  Spain  for  that  or  any  other 
purpose. 

The  liberal  movement  in  Spain  had  for  its  purpose 
the  reestablishment  of  the  so-called  "constitution  of 
1812,"  to  which  Ferdinand  had  promised  to  adhere  at 
the  time  of  his  restoration.  Ferdinand's  promises  were 
made  to  be  broken,  and  this  circumstance,  together  with 
a  widespread  discontent  in  the  army,  led  to  a  condition 
of  revolution  and  mutiny.  The  soldiers  objected  to 
being  herded  upon  rotten  and  leaking  transports  and 
sent  to  the  American  colonies,  ostensibly  to  put  down 
rebellion,  but  really  to  perish  from  disease  or  to  be  lost 
at  sea.  The  liberals  protested  against  the  privileges  of 
the  clergy  and  decried  government  abuses  in  the  face  of 
overwhelming  burdens  of  taxation.  The  movement  for 
reform  began  in  the  autumn  of  1819,  and  became  so 
formidable  that  in  March,  1820,  Ferdinand  was  com- 
pelled to  take  the  oath  of  allegiance  to  the  constitu- 
tion, to  appoint  new  ministers  and  to  create  a  provisional 
junta  to  represent  the  public  until  the  new  cortes  could 


A  YEAR  OF  REVOLUTIONS 101 

be  elected  and  assembled.  By  the  end  of  the  year  the 
cortes  had  passed  a  law  abolishing  most  of  the  monas- 
teries and,  in  the  struggle  which  ensued  following  the 
king's  veto  of  this  act,  which  he  exercised  at  the  sug- 
gestion of  the  papal  nuncio,  the  liberals  were  victorious. 
Ferdinand  seemed  helplessly  in  their  power. 

These  events  caused  great  alarm  to  the  royalists  in 
Mexico.  "The  revolution  in  Spain,"  writes  Joel  R. 
Poinsett,  who  was  in  Mexico  City  in  1822,  and  who 
subsequently  became  the  American  minister  to  Mexico, 
"was  viewed  with  dread  by  the  clergy  of  Mexico ;  and 
no  sooner  had  the  decrees  of  the  cortes,  confiscating 
the  estates  and  reducing  and  reforming  some  of  the 
higher  orders  of  the  clergy,  reached  America,  than  the 
indignation  of  the  church  burst  out  against  the  mother 
country.  They  declared  from  the  pulpit  that  these 
tyrannical  acts  must  be  resisted,  that  the  yoke  was  no 
longer  to  be  borne,  and  that  the  interests  of  the  Catholic 
religion,  nay,  its  very  existence  in  America,  demanded 
that  Mexico  should  be  separated  from  Spain.  The 
influence  of  the  clergy,  though  in  some  measure  di- 
minished, was  still  powerful,  and  had  for  years  con- 
trolled the  wishes  of  a  vast  majority  of  the  nation.  To 
have  withdrawn  their  opposition  would  have  been 
sufficient  to  have  occasioned  a  general  movement  of 
the  people.  They  did  more — they  encouraged  the 
people  to  resist  the  tyranny  of  Spain,  and  took  an  active 
part  in  organizing  the  plan  of  operation  by  which  the 
revolution  was  successfully  effected.  They  were  aided 
in  their  plans  by  the  wealthy  Europeans  who  were 
anxious  to  preserve  this  kingdom  in  the  pureness  of  des- 


102  A  HISTORY  OF  TEXAS 

potism,  that  it  might  serve  as  a  refuge  to  Ferdinand 
VII  from  the  persecution  of  the  cortes,  and  from  the 
constitution  of  Spain." 

The  year  1821  opened  with  an  especially  dark  outlook 
for  absolutism  in  Spain,  and  it  was  this  situation  which 
brought  about  the  independence  of  Mexico.  "A  new 
vigor  was  infused  into  the  movement  for  independ- 
ence," says  another  historian  of  the  period.  "The  roy- 
alists saw  little  hope  of  permanently  crushing  the  revo- 
lution in  Mexico  with  the  liberals  in  the  saddle  at 
Madrid.  Finally,  certain  of  the  more  powerful  classes 
previously  opposed  to  the  revolution  (including  espe- 
cially the  higher  dignitaries  of  the  church)  saw  with 
despair  that  the  new  order  in  Spain  presaged  a  serious 
curtailment  of  their  privileges  both  in  Spain  and  in  the 
colonies,  and  so  resolved,  by  making  themselves  leaders 
of  the  revolution,  to  bend  it  to  their  own  purposes  and 
thus  save  in  Mexico  what  the  liberals  were  denying  them 
in  Spain." 

Augustin  de  Iturbide,  the  leader  of  this  movement, 
had  been  from  1810  to  1816  one  of  the  most  tireless 
and  uncompromising  foes  of  the  revolution.  In  Feb- 
ruary, 1 82 1,  while  at  the  head  of  a  large  force  in  South- 
ern Mexico,  ostensibly  engaged  in  pursuit  of  a  remnant 
of  a  revolutionary  force  under  Guerrero,  he  formed  a 
coalition  with  the  rebels  instead  and  published  the  so- 
called  "Plan  of  Iguala."  This  document  declared  for 
the  independence  of  Mexico,  for  a  constitutional  mon- 
archy, with  Ferdinand  as  king;  guaranteed  protection 
to  both  the  secular  clergy  and  the  religious  orders  in  all 
their  privileges,  declared  the  Roman  Catholic  religion 


A  YEAR  OF  REVOLUTIONS  103 

to  be  the  only  religion  of  the  country,  and  proclaimed 
the  unity  and  equality  of  native  Mexicans  and  Spaniards 
in  Mexico.  The  movement  spread  with  such  rapidity 
and  succeeded  so  well  that  by  the  time  O'Donoju,  the 
newly  appointed  viceroy,  reached  Mexico  in  July,  it 
was  plainly  in  the  ascendancy.  O'Donoju  quickly  made 
terms  with  Iturbide  and  a  treaty  was  signed  at  Cordova 
less  than  a  month  after  his  arrival. 

Under  the  terms  of  this  treaty  the  independence  of 
Mexico  was  recognized  and  the  principles  of  the  Plan 
of  Iguala  acknowledged.  It  was  agreed  that  the  crown 
should  be  offered  first  to  Ferdinand,  and,  in  the  event 
he  refused  it,  the  offer  should  then  be  made  to  his 
brother,  Charles,  and  then  to  the  other  members  of  the 
Spanish  royal  family  in  the  order  of  succession.  If  none 
of  these  accepted  the  crown  of  Mexico,  the  Spanish 
cortes  should  then  name  a  monarch.  Meantime,  a  re- 
gency was  named,  with  Iturbide,  O'Donoju  and  three 
others  as  members,  to  govern  the  country  until  a  mon- 
arch could  be  chosen.  A  congress  was  elected,  and  in 
February,  1822,  this  body  assembled  in  Mexico  City. 
O'Donoju  had  died  several  months  before,  and  Itur- 
bide's  progress  toward  absolute  power  had  been  watched 
jealously  by  many  liberal  leaders  who  had  been  elected 
members  of  the  congress.  Then  the  news  came  from 
Spain  that  the  cortes  had  repudiated  the  action  of 
O'Donoju,  had  authorized  the  appointment  of  commis- 
sioners to  hear  the  proposals  of  all  the  revolted  colonies 
and  warned  all  other  countries  against  recognizing  the 
independence  of  any  of  the  Spanish  colonies.  With  the 
question  of  the  future  permanent  government  of  Mex- 


104  A  HISTORY  OF  TEXAS 

ico  thus  left  in  a  state  of  extreme  uncertainty,  a  struggle 
between  Iturbide  and  the  congress  for  control  was  in- 
evitable. 

This  was  the  situation  when  Stephen  Austin  arrived 
at  the  capital,  with  the  object  of  having  his  father's 
contract  to  colonize  Texas  ratified.  aThe  state  of  polit- 
ical affairs  in  the  capital  at  this  time  was  very  unsettled," 
writes  Austin.  "Generals  Victoria  and  Bravo  and  sev- 
eral other  political  leaders  of  rank,  who  had  been  im- 
prisoned by  Iturbide  in  November  for  opposing  his  am- 
bitious designs,  had  escaped  from  confinement  not  long 
before;  serious  dissensions  had  already  arisen  between 
the  generalissimo  (Iturbide)  and  congress ;  the  regency 
was  divided  and  in  discord  among  themselves,  Yarez, 
one  of  its  principal  and  most  liberal  members  having  had 
a  personal  dispute  of  great  warmth  with  Iturbide  dur- 
ing one  of  the  sittings,  in  which  the  terms,  'traitor/ 
'usurper,'  were  mutually  passed  -y  the  friends  of  liberty 
were  greatly  alarmed  at  the  ascendancy  which  the  gen- 
eralissimo had  acquired  over  the  military  and  lower 
classes  of  the  populace  and  everything  indicated  an  ap- 
proaching crisis." 

Into  such  a  maze  of  intrigue  walked  this  quiet,  mild- 
mannered  young  stranger,  ignorant  of  the  language  and 
without  a  single  acquaintance  among  the  leader  of  the 
various  factions.  He  possessed  neither  money  nor  in- 
fluence and  Mexican  leaders  had  other  things  to  think 
about  besides  such  an  insignificant  matter  as  a  land 
grant  in  the  remote  wilderness  of  Texas.  He  soon  ascer- 
tained what  had  happened  with  respect  to  his  father's 
grant,  however.  Upon  learning  what  was  going  for- 
ward in  Texas,  the  regency  had  decided  that  Martinez 


A  YEAR  OF  REVOLUTIONS 105 

had  exceeded  his  authority  in  the  matter,  especially  in 
designating  the  quantity  of  land  each  settler  was  to  re- 
ceive. This  point,  the  regency  decreed,  must  be  settled 
by  a  law  of  congress,  and  accordingly  all  the  documents 
relative  to  Austin's  enterprise  had  been  transmitted  by 
the  regency  to  congress. 

Austin  found  others  on  the  ground  seeking  coloniza- 
tion contracts.  Hayden  Edwards,  who  was  destined  to 
play  a  disturbing  part  in  the  future  history  of  Texas,  was 
one  of  them.  James  Wilkinson,  erstwhile  commander 
in  chief  of  the  American  army,  who  had  taken  Spanish 
money  for  services  rendered  in  the  past  and  was  now  in 
disgrace  in  the  United  States,  was  there  also,  seeking 
to  rehabilitate  his  faded  fortunes  with  the  assistance  of 
the  new  Mexican  government.  Adventurers,  soldiers  of 
fortune,  gamblers  and  speculators  had  gathered  at  the 
capital  of  the  new  empire,  seeking  whatever  opportunity 
for  profit  the  situation  might  offer.  There  also  were  a 
few  serious-intentioned  colonizers,  like  Green  DeWitt, 
whose  business  was  similar  to  that  of  Austin.  But  many 
applications  for  land  grants  in  Texas  had  been  made,  and 
on  this  account  when  Austin  sought  to  have  his  business 
decided  by  means  of  a  special  law  he  was  told  that  a  gen- 
eral colonization  law  would  be  necessary  in  order  that 
all  might  be  placed  on  an  equal  footing.  A  committee 
on  colonization  had  been  created  by  congress  previous 
to  his  arrival  in  the  city.  To  this  committee  all  the  peti- 
tions and  Austin's  claims  had  been  referred,  and  it  pro- 
ceeded to  take  up  the  question  of  a  general  law.  But 
the  condition  of  politics  was  such  that  progress  was  very 
slow. 

Three  weeks  after  Austin's  arrival  at  the  capital  the 


106 A  HISTORY  OF  TEXAS 

approaching  crisis  reached  its  climax.  His  own  impres- 
sions, written  down  later,  give  a  vivid  idea  of  its  dra- 
matic character.  "On  the  night  of  the  18th  of  May," 
he  writes,  "the  soldiery  and  the  populace,  headed  by 
sergeants  and  corporals,  proclaimed  Iturbide  emperor. 
It  was  a  night  of  violence,  confusion  and  uproar.  The 
seven  hundred  bells  of  the  city  pealing  from  the  steeples 
of  monasteries,  convents  and  churches,  the  firing  of  can- 
non and  musketry  from  the  different  barracks  and  the 
shouts  of  the  populace  in  the  streets,  proclaimed  to  the 
true  friends  of  freedom  that  a  few  common  soldiers,  in 
union  with  a  city  mob,  had  taken  it  upon  themselves  to 
decide  the  destiny  of  Mexico  and  to  utter  the  voice  of 
the  nation.  The  session  of  congress  on  the  19th  was  held 
surrounded  by  bayonets,  and  the  man  who  was  thus  pro- 
claimed by  a  rabble,  amidst  darkness  and  tumult,  was 
declared  by  a  decree  of  the  majority  of  that  body  to  be 
emperor  of  Mexico." 

"In  such  a  state  of  political  affairs,"  Austin  observes, 
"all  that  a  person  could  do  who  had  business  with  the 
government  was  to  form  acquaintances,  try  to  secure 
friends,  and  wait  for  a  favorable  opportunity."  Ac- 
cordingly Austin  devoted  the  principal  part  of  his  time 
to  studying  the  Spanish  language  and  in  a  quiet,  imper- 
ceptible and  almost  unconscious  way,  he  began  to  make 
friends.  His  sincerity  and  straightforward  manner  gave 
the  impression  of  genuineness  to  those  with  whom  he 
came  in  contact.  It  did  not  take  long  for  many  of  the 
Mexican  leaders  to  realize  that  here  was  a  different  kind 
of  man  from  those  others  who  were  seeking  the  favor 
of  the  government.  Very  naturally  he  gravitated  to 
those  of  republican  principles  and  who  sought  the  estab- 


A  YEAR  OF  REVOLUTIONS 107 

lishment  of  a  republic.  Among  these  he  made  many 
friends,  with  whom  he  remained  on  intimate  terms  for 
years  afterwards.  But  Austin  was  too  practical  a  man 
to  neglect  the  others  who  possessed  influence  with  the 
powers  then  in  the  ascendancy.  He  rested  his  case  on 
the  obligation  of  Mexico  in  the  matter,  and  the  justness 
of  his  cause  was  very  widely  recognized. 

The  immediate  object  toward  which  Austin  now 
directed  his  efforts  was  the  passage  of  a  general  coloni- 
zation law.  The  committee  on  colonization  made  prog- 
ress slowly  in  drawing  up  a  bill,  but  the  wonder  is  that 
with  so  many  political  distractions  it  made  any  progress 
at  all.  Iturbide  was  crowned  as  Emperor  Augustus  I  on 
July  21,  amid  much  pomp,  and  in  almost  burlesque  imi- 
tation of  the  coronation  of  Napoleon.  The  dissensions 
between  the  emperor  and  congress  continued,  and  gen- 
eral alarm  spread  among  the  liberal  members  at  the 
strides  of  Iturbide  toward  absolute  power.  On  the  night 
of  August  26  fourteen  of  the  principal  members  of 
congress  were  seized  in  their  beds  and  thrown  into  prison, 
and  in  consequence  there  was  a  growing  condition  of 
unrest  and  discontent.  The  question  of  providing  reve- 
nue for  the  new  empire  was  a  very  difficult  one  also, 
and  much  attention  was  absorbed  in  dealing  with  it.  But 
in  spite  of  all  of  this  the  committee  made  progress  with 
the  colonization  bill,  and  Austin  labored  unceasingly 
to  further  its  completion  and  to  obtain  a  law  suitable  to 
the  purposes  for  which  it  had  been  designated.  Finally 
the  committee  reported  a  bill,  and  the  congress  began 
a  discussion  of  it,  section  by  section.  As  each  section  was 
agreed  upon,  Austin  saw  his  object  that  much  nearer 
attainment.     He  worked  untiringly,  discussing  debat- 


108 A  HISTORY  OF  TEXAS        

able  points  with  members,  urging  compromises  and  in 
general  seeking  to  get  the  business  over  with.  By  the 
end  of  October  he  saw  the  bill  ready  for  final  adoption, 
save  for  three  articles  which  still  remained  to  be  decided, 
and  these  he  expected  to  see  disposed  of  in  a  short  time. 
There  would  remain  then  only  to  obtain  a  grant  under 
the  terms  of  the  new  law,  and  he  could  return  to  Texas. 
He  had  been  away  from  his  colonists  seven  months  and 
was  naturally  anxious  to  return  and  make  certain  that 
the  foundations  of  the  colony  were  firmly  laid. 

Then,  on  October  31,  congress  was  turned  out  of  doors 
by  an  armed  force,  acting  under  a  decree  of  the  em- 
peror, which  dissolved  congress  and  vested  the  legis- 
lative power  of  the  nation  in  a  body  to  be  known  as  the 
junta  instituyente,  the  members  of  which  were  chosen 
by  the  emperor  himself.  All  of  the  work  of  the  col- 
onization committee  and  of  congress  had  come  to  naught. 
The  colonization  question  was  thrown  back  to  the  point 
where  it  was  when  Austin  arrived  in  the  city.  It  was 
necessary  to  begin  all  over  again. 

But  the  patient  determination  of  Austin  was  not  to 
be  swerved  from  its  purpose.  There  were  a  number 
of  hardy  pioneers  in  Texas  who  had  pinned  their  faith 
in  him.  They  had  risked  all  in  going  to  that  wilder- 
ness upon  his  assurance  that  he  would  obtain  lands  for 
them  and  enable  them  to  found  homes  for  themselves 
and  their  families.  There  was  no  turning  back,  and 
it  was  not  in  Austin's  nature  to  think  of  turning  back. 
To  add  to  his  other  difficulties,  Hawkins  had  died  at 
New  Orleans,  and  the  full  burden  of  the  project  now 
rested  on  his  own  slender  purse.  For  a  time  he  was 
almost  entirely  without  funds  for  the  ordinary  necessi- 


A  YEAR  OF  REVOLUTIONS 109 

ties  of  life  and  was  reduced  to  the  extremity  on  one 
occasion  of  selling  his  watch  to  provide  himself  with 
food.  But  he  kept  on  just  the  same  and  proceeded  to 
begin  the  work  again  with  the  emperor's  new  legis- 
lative body.  A  new  colonization  committee  was  ap- 
pointed, a  new  bill  was  drawn,  differing  very  little  from 
the  first,  and  finally  reported.  The  bill  was  enacted 
into  a  law,  approved  by  the  emperor  and  promulgated 
on  January  4,  1823. 

Austin  now  found  himself  advanced  one  step.  A 
general  colonization  law  was  enacted  and  promulgated. 
The  next  step  was  to  procure  a  grant  from  the  executive 
under  the  terms  of  this  law.  The  prospect  for  this 
did  not  seem  very  bright,  for  the  opposition  to  the 
arbitrary  proceedings  of  the  emperor  was  daily  becom- 
ing more  open  and  manifest.  It  seemed  to  portend 
another  revolution  and  a  suspension  of  all  business  of 
an  individual  nature  in  consequence.  But  Austin  had 
a  number  of  personal  friends  in  the  cabinet  who  now 
interested  themselves  to  see  that  there  should  be  no 
further  delay.  The  peculiar  merits  of  Austin's  case 
was  urged.  He  had  gone  to  Texas  with  his  settlers 
in  virtue  of  a  permission  legally  granted  to  his  father 
by  the  competent  Spanish  authorities,  previous  to  inde- 
pendence, and  he  had  been  officially  conducted  into  the 
province  by  a  commissioner  expressly  appointed  by  the 
governor  of  Texas  for  that  purpose.  He  had  been 
officially  received  and  recognized  as  his  father's  suc- 
cessor by  the  governor,  after  the  change  of  government, 
and  officially  authorized  to  proceed  with  a  settlement. 
Indeed,  he  had  received  an  official  appointment  by  a 
legal  representative  of  independent  Mexico  to  govern 


110 A  HISTORY  OF  TEXAS 

such  a  colony.  The  obligation  of  Mexico  to  Austin, 
therefore,  was  peculiarly  strong.  In  addition  to  all 
this,  through  no  fault  of  his  own,  he  had  been  detained 
in  Mexico  nearly  a  year  in  an  effort  to  have  this  matter 
straightened  out.  These  considerations  enabled  Austin 
to  bring  the  matter  before  the  council  of  state  in  a  shape 
which  procured  its  speedy  and  favorable  consideration 
by  that  body.  The  council  reported  it  with  a  favorable 
opinion  to  the  emperor  on  January  14,  and  on  February 
18  the  emperor's  decree,  granting  Austin's  petition, 
was  issued. 

Thus  after  eleven  months  Austin  was  ready  to  return 
to  Texas  with  his  object  entirely  accomplished.  He 
made  preparations  to  leave  on  February  23,  but  before 
he  had  started  information  reached  the  city  that  a  revo- 
lution against  the  emperor,  which  had  been  in  progress 
for  two  months,  had  attained  such  proportions  that  a 
change  was  impending.  The  day  following  the  em- 
peror's decree  on  Austin's  case,  one  of  his  ministers 
secretly  fled  from  the  capital.  During  the  next  few 
days  information  was  circulated  in  the  city  to  the  effect 
that  a  general  defection  from  the  emperor's  cause  had 
occurred  in  all  parts  of  the  empire.  Men  began  to 
speak  openly  of  Iturbide  as  a  usurper,  and  it  was  de- 
clared that  all  of  his  acts  should  be  annulled  by  congress. 

This  news  was  very  disturbing  to  Austin.  If  all  of 
Iturbide's  acts,  without  exception,  should  be  annulled 
this  would  invalidate  his  grant  and  thus  put  him  back 
where  he  started.  He  consulted  attorneys  and  others 
likely  to  know,  and  found  a  division  of  opinion  among 
them  as  to  how  such  a  personal  matter  would  be  treated. 


A  YEAR  OF  REVOLUTIONS 111 

That  any  doubt  at  all  existed  was  sufficient  to  cause 
him  to  delay  his  journey  to  Texas  and  await  devel- 
opments. 

Developments  came  fast  enough.  The  success  of  the 
revolutionary  forces  had  been  such  that  Iturbide  was 
forced  to  do  something  besides  sit  in  the  capital  and 
see  the  whole  of  the  empire  wrested  from  his  control. 
Collecting  such  troops  as  he  could  find  still  loyal,  he 
placed  himself  at  the  head  of  them  and  marched  out 
of  the  city  to  the  village  of  Iztapulca.  But  soon  he 
received  news  that  a  superior  force  was  advancing 
against  him  along  the  Puebla  road  and,  finding  he  could 
not  depend  upon  the  adherence  of  even  such  troops  as 
were  under  his  command,  he  was  forced  to  make  terms. 
He  agreed  to  a  truce,  and  the  appointment  of  commis- 
sioners by  both  sides  to  treat. 

The  result  was  the  practical  abdication  of  Iturbide, 
pending  the  decision  of  the  congress,  which  was  recon- 
vened. Congress  met  on  March  29  and  promptly 
abolished  the  executive  power  which  had  existed  under 
the  emperor.  On  March  31  the  executive  authority 
was  vested  in  a  tribunal  of  three  members,  to  be  known 
as  "the  supreme  executive  power,"  and  Nicholas  Bravo, 
Guadalupe  Victoria  and  Pedro  Celestino  Negrete  were 
named  to  compose  it.  Two  alternates  were  named  to 
fill  the  places  of  any  one  of  these  who  might  be  absent 
from  a  session,  and  the  government  was  entirely  reor- 
ganized in  all  of  its  branches. 

On  April  8  congress  decreed  that  the  coronation  of 
Iturbide  was  an  act  of  violence  and  force,  and  was 
null  and  void,  and  that  all  acts  of  the  government  under 
the  emperor,  of  whatever  character,  were  illegal  and 


112 A  HISTORY  OF  TEXAS 

subject  to  be  revised,  confirmed  or  revoked,  as  the  newly 
established  government  might  decide.  This  decree 
banished  Iturbide  from  Mexican  territory  forever,  but 
voted  him  a  salary  of  twenty-five  thousand  pesos  an- 
nually, provided  he  would  reside  in  Italy.  The  repub- 
licans were  finally  in  absolute  control  of  Mexico,  and 
it  was  now  certain  that  a  republic  would  be  established. 
But,  at  the  very  moment  that  these  events  were  taking 
place  in  Mexico,  the  pendulum  was  swinging  in  the 
other  direction  in  Spain.  For  the  day  before  the  decree 
of  the  Mexican  congress  against  Iturbide  was  issued, 
a  French  army  crossed  the  frontier  into  Spain  to  rescue 
Ferdinand  from  the  liberals,  and  to  reestablish  abso- 
lutism in  that  country.  The  absolutist  monarchs  of 
Russia,  Austria,  Prussia  and  France  had  decided  to  stick 
together,  and  even  to  intervene  in  the  internal  affairs 
of  other  nations  to  protect  the  power  of  royalty  against 
the  revolutionary  liberals.  Whether  this  intervention 
in  Spanish  affairs  would  extend  to  her  colonies  remained 
to  be  seen.  The  Mexican  republicans,  in  any  event, 
proceeded  to  their  task,  heedless  of  the  new  danger 
arising  on  the  other  side  of  the  ocean.  Iturbide  was 
sent  to  Vera  Cruz  under  a  strong  guard  and  embarked 
on  an  English  vessel  for  Italy  on  May  11.  In  passing, 
it  should  be  added  that  just  as  he  had  imitated  Napoleon 
in  his  coronation  ceremony,  he  later  attempted  to  imi- 
tate the  Corsican's  return  from  Elba.  After  a  year 
spent  in  intrigue  in  Europe,  during  which  time  he  was 
outlawed  by  the  Mexican  congress  for  leaving  Italy, 
Iturbide  returned  to  Mexico,  landing  at  Soto  la  Marina 
on  July  14,  1824.  Apparently  he  expected  an  uprising 
in  his  favor  and  the  flocking  of  a  formidable  force  to 


A  YEAR  OF  REVOLUTIONS  113 

his  banner.  He  was  sorely  disappointed,  however,  for 
republicanism  was  now  firmly  in  the  saddle.  He  was 
promptly  arrested  and  shot  three  days  after  he  had 
landed  on  Mexican  soil. 

During  all  this  time  Austin  waited  patiently  at 
Mexico  City.  The  decree  of  April  8  fulfilled  the  pre- 
dictions of  those  who  had  said  all  of  Iturbide's  acts 
would  be  annulled,  and  Austin's  grant  and  the  law  under 
which  it  was  issued  were  both  subject  to  the  will  of 
the  new  government.  Austin  lost  no  time  in  presenting 
a  petition  to  congress,  and  now  a  remarkable  thing 
occurred.  The  confidence  in  Austin  which  had  grown 
up  among  the  Mexican  leaders  during  a  year's  relations 
with  him  now  bore  fruit.  All  joined  in  hastening  action 
on  Austin's  petition.  Three  days  after  the  adoption  of 
the  decree  annulling  Iturbide's  acts,  congress  revived 
the  colonization  law  long  enough  to  pass  a  decree 
referring  Austin's  memorial  to  the  supreme  executive 
power  for  confirmation,  if  it  had  no  objection.  Then 
it  immediately  suspended  the  colonization  law  perma- 
nently. It  authorized  the  supreme  executive  power 
to  act  on  any  other  cases  similar  to  Austin's,  but  there 
were  no  other  such  cases.  The  effect  of  this,  therefore, 
was  to  decree  that  only  Austin's  grant  should  be 
allowed.  The  remainder  of  the  army  of  petitioners 
must  await  the  future  action  of  congress.  With  the 
sole  exception  of  the  grant  to  Austin,  the  colonization 
matter  was  put  back  precisely  where  it  had  been  a  year 
before.  Austin  had  come  to  the  city  an  absolute 
stranger.  He  now  counted  among  his  close  friends  some 
of  the  most  influential  men  in  Mexico. 

On  April   14  the  supreme  executive  power,  in  ac- 


114  A  HISTORY  OF  TEXAS 

cordance  with  the  recommendation  of  congress,  issued 
a  decree  confirming  in  full  the  concession  granted  to 
Austin  by  the  imperial  government  of  Iturbide  on 
February  18.  Thus,  after  a  year  of  patient  waiting 
and  determined  effort,  Austin  had  the  satisfaction  of 
leaving  Mexico  City  with  his  colonization  grant  con- 
firmed by  all  the  governments  which  had  ruled  the 
Mexican  nation  during  that  year.  As  the  last  confir- 
mation was  by  the  sovereign  constituent  congress,  the 
assembled  power  of  the  people  of  the  nation,  no  shadow 
of  a  doubt  could  now  be  raised  against  its  legality  and 
validity.  Having  thus  accomplished  his  mission, 
Austin  left  Mexico  City  for  Texas  on  April  28.  He 
had  spent  precisely  a  year  in  its  accomplishment,  but 
he  had  done  more  than  merely  establish  the  validity  of 
a  colonization  grant.  He  had  become  a  part  of  Mexi- 
can public  affairs  and  an  influence  in  the  destiny  of  the 
Mexican  nation. 


CHAPTER  VII. 


WAITING  IN  THE  WILDS. 


When  Austin  left  San  Antonio  in  March,  1822,  on 
his  long  journey  to  Mexico  City,  neither  he  nor  his 
colonists  expected  he  would  be  away  longer  than  four 
months.  Even  an  absence  of  this  length  was  regarded 
as  a  calamity,  and  only  absolute  necessity  reconciled 
them  to  it.  But  it  was  four  times  four  months  before 
he  returned,  and  this  nearly  brought  disaster  to  the 
whole  undertaking. 

How  serious  was  Austin's  long  absence,  and  the 
doubt  which  had  been  raised  as  to  the  validity  of  his 
contract  to  colonize  Texas,  may  be  judged  only  when 
it  is  considered  that  he  and  Hawkins  had  made  ar- 
rangements for  a  great  number  of  colonists  to  come  on 
to  Texas  during  the  summer.  It  was  discouraging  to 
the  little  band  already  in  the  province  to  learn  that 
they  might  yet  be  regarded  as  trespassers.  What  would 
be  thought  by  others  when  they  should  arrive  and  find 
the  condition  of  affairs  existing,  with  Austin  not  there 
to  receive  them,  with  nothing  settled  as  to  the  pro- 
posed colony,  and  with  no  assurance  that  they  would 
ever  receive  titles  to  the  land  they  might  clear  and 
cultivate? 

The  dominant  motive  of  those  who  had  agreed  to 
join  Austin's  colonization  enterprise  was  the  desire  to 
acquire  land  and  to  found  homes  for  their  families.  For 
this  they  were  willing  to  endure  hardships  and  dangers, 
and  even  to  subject  their  families  to  the  privations  and 

115 


116  A  HISTORY  OF  TEXAS 

perils  of  the  Texas  wilderness,  but  if  Austin's  promises 
were  not  to  be  redeemed  by  the  government  of  Mexico, 
why  should  they  remain  and  undergo  such  trials?  That 
some  of  them  did  remain,  in  the  face  of  sufferings  and 
dangers,  such  as  none  had  anticipated,  and  that  these 
did  retain  faith  in  Austin,  in  spite  of  repeated  post- 
ponements of  his  promised  return,  is  more  remarkable 
than  the  fact  that  many  went  back  to  the  United  States 
to  tell  their  friends  to  "keep  away  from  Texas." 

The  patience  and  determination  of  Stephen  Austin 
during  his  stay  at  Mexico  City  can  not  fail  to  impress 
one  with  their  almost  superhuman  character.  But  what 
shall  be  said  of  the  patience  and  determination  of  that 
little  band  of  faithful  colonists  who  remained  in  the 
wilds  of  Texas  during  the  sixteen  months  which  elapsed, 
from  the  time  Austin  departed  from  San  Antonio  until 
he  returned  to  them  with  the  news  of  his  final  success? 
At  Mexico  City  Austin  was  at  least  in  a  civilized  com- 
munity, surrounded  by  comforts  and  free  from  danger. 
The  colonists  were  in  a  wilderness,  without  ordinary 
necessities  and  exposed  to  constant  danger,  and  in  addi- 
tion to  this  the  men  were  compelled  to  see  their  wives 
and  children  suffer  these  hardships.  The  patience, 
determination  and  unremitting  toil  of  Stephen  Austin 
are  wrought  into  the  very  foundation  of  Texas,  but 
along  with  them  are  also  the  courage,  the  fortitude  and 
the  suffering  of  that  little  group  of  pioneers  who  waited 
along  the  Colorado  and  the  Brazos,  and  planted  the 
beginnings  of  a  settlement,  while  Austin  was  at  the 
capital.  Few  of  their  names  are  known  conspicuously 
to  us  today,  but  the  great  and  prosperous  State  of  Texas, 


WAITING  IN  THE  WILDS  117 


the  largest  in  the  American  union,  is  as  much  the 
fruit  of  their  labors  as  of  the  labors  of  any  who  have 
come  after  them. 

After  the  departure  of  Austin  for  Mexico  City, 
Josiah  H.  Bell,  James  Austin  and  the  others  of  the 
party  returned  to  the  Brazos  and  the  Colorado  with 
what  supplies  they  could  obtain  and  a  small  quantity 
of  seed  corn.  Seed  corn  was  very  scarce  at  San  Antonio, 
another  evidence  of  the  waning  character  of  the  Spanish 
colonization  of  Texas,  and  the  small  amount  taken  back 
with  them  was  scarcely  enough  to  go  around.  There 
were  practically  no  agricultural  implements  in  the  col- 
ony during  that  first  spring,  and  most  of  the  planting 
was  done  in  the  primitive  fashion  of  making  holes  with 
sharpened  sticks.  Adequate  supplies  of  this  kind  had 
been  sent  on  the  Lively ,  but  no  word  had  been  received 
from  the  schooner.  It  was  generally  believed  among 
the  colonists  that  she  had  been  lost,  but,  had  they  only 
known  it,  at  the  very  time  they  were  planting  their 
first  crop  under  such  difficulties,  the  Livelyys  passen- 
gers were  on  the  banks  of  the  lower  Brazos,  near  the 
coast,  with  plenty  of  agricultural  implements  and  an 
adequate  supply  of  seed.  For  the  Lively  had  reached 
Texas  all  right,  but  for  some  reason  that  remains  unex- 
plained to  this  day,  she  stopped  at  the  mouth  of  the 
Brazos  instead  of  proceeding  to  that  of  the  Colorado, 
where  it  had  been  expressly  agreed  to  meet  Austin.  The 
schooner  had  been  delayed  four  weeks  en  route  by 
unfavorable  winds  and  bad  weather,  and  when  she 
reached  the  Brazos,  the  men,  tools  and  supplies  were 
landed. 

In  this  party  were  about  twenty  men,  including  some 


118 A  HISTORY  OF  TEXAS 

of  those  who  had  accompanied  Stephen  Austin  to  Texas 
during  the  previous  summer,  and  who  had  explored  the 
Brazos.  Edward  Lovelace,  who  had  pronounced  the 
region  along  the  west  bank  of  this  river  to  be  "superior 
to  anything  he  had  seen  in  the  province,"  was  one  of 
these,  as  was  also  his  nephew,  Henry  Holstein.  James 
Beard  and  William  Little,  both  of  whom  had  been 
among  Austin's  original  companions,  were  also  along, 
the  latter  being  in  charge  of  the  party.  John  Lovelace, 
Edward's  brother,  who  had  planned  to  make  the  first 
trip,  but  was  prevented  from  doing  so  through  illness, 
and  James  A.  E.  Phelps,  another  nephew  of  the  Love- 
laces, were  likewise  among  the  Lively  ys  passengers. 
The  Lovelaces  had  advanced  Austin  some  of  the  money 
with  which  the  Lively  had  been  purchased,  and  this 
circumstance,  together  with  Edward's  opinion  of  the 
country  along  the  Brazos,  may  have  had  something  to 
do  with  the  decision  to  land  there. 

It  is  possible,  of  course,  that  they  mistook  the  river 
for  the  Colorado,  and  the  reminiscences  of  one  of  their 
number,  who  was  not  in  the  confidence  of  the  leaders, 
indicate  that  they  were  not  sure  it  was  the  Brazos  for 
several  weeks.  But  that  Little  and  the  Lovelaces  took 
it  upon  themselves  to  change  the  original  plans  is  also 
a  possible  explanation.  Whatever  the  cause  of  their 
landing,  it  had  the  most  unsatisfactory  results  for  all 
concerned. 

Having  landed,  the  Lovelaces,  Little  and  a  few 
others  started  up  the  river  to  explore  the  country  and, 
if  possible,  to  get  in  touch  with  the  party  that  had 
accompanied  Austin  by  land.  They  returned,  after  six 
days'  absence,  with  no  news,  and  it  was  decided  to 


WAITING  IN  THE  WILDS  119 


move  a  few  miles  up  the  Brazos  and  build  boats  to 
transport  the  tools  and  supplies  to  a  desirable  site  for 
a  settlement.  At  that  very  moment  Austin  was  anx- 
iously searching  for  the  Lively  along  the  coast  near  the 
mouth  of  the  Colorado  and,  before  he  abandoned  the 
quest,  the  Lively's  passengers  had  completed  the  con- 
struction of  seven  rude  boats  and  moved  their  full 
equipment  up  the  Brazos  to  the  first  high  ground  and 
proceeded  to  establish  a  permanent  settlement.  They 
built  a  large  log  house  and  then  cleared  land  in  prepa- 
ration for  the  planting  of  a  crop  of  corn.  By  this 
time,  due  to  the  uneconomical  management,  their  sup- 
plies of  food  had  become  exhausted  and  they  were 
forced  to  subsist  upon  game  and  such  other  provisions 
as  could  be  found  in  the  neighborhood.  They  suffered 
much  privation,  and  apparently  there  was  not  a  very 
happy  division  of  labor  among  them.  Many  became 
discontented  and  a  lack  of  organization  or  of  any  au- 
thority to  command  respect  created  a  condition  which 
was  not  conducive  to  harmony.  There  were  quarrels, 
and  soon  some  of  them  began  to  leave.  Disintegra- 
tion, once  started,  became  rapid,  and  all  but  a  few 
returned  to  the  United  States  long  before  Austin  got 
back  from  Mexico.  The  names  of  only  five  of  the 
Lively' s  known  passengers  appear  on  the  roll  of  those 
to  whom  land  titles  were  issued  under  Austin's  contract. 
Thus  the  Lively's  first  trip  resulted  in  nothing,  so 
far  as  the  furthering  of  the  colonization  enterprise  was 
concerned.  And,  as  has  been  seen,  its  failure  to  bring 
tools  and  supplies  to  the  other  colonists  caused  them  to 
undergo  great  privation.  They  were  soon  without 
bread  of  any  kind,  for  they  had  neither  flour  nor  meal; 


120  A  HISTORY  OF  TEXAS 


coffee  and  sugar  were  memories  of  luxuries  of  the  past, 
and  before  long  even  salt,  an  absolute  necessity,  became 
extremely  scarce.  Wild  game  was  the  only  means  of 
subsistence,  but  this  was  not  a  certain  source  of  supply. 
Bear  and  buffalo  were  scarce  and  danger  from  the  In- 
dians made  hunting  a  hazardous  undertaking.  Wild 
turkeys  were  plentiful,  but  soon  ammunition  became 
too  precious  to  be  wasted  on  such  small  game.  Deer 
were  very  poor  because  of  the  failure  of  the  mast  on 
which  they  fed,  and  "lean  venison"  was  not  very  sub- 
stantial food.  But  there  was  an  abundance  of  wild 
horses  (mustangs)  and  they  were  fat  and  very  easily 
killed.  Horse  meat,  therefore,  was  a  frequent  article 
of  diet.  Nothing  could  illustrate  more  strikingly  the 
extremes  of  privation  the  colonists  suffered  than  the 
fact  that  about  one  hundred  mustangs  were  eaten  during 
the  period  of  Austin's  absence. 

To  aggravate  this  situation,  the  Tonkawa,  Lipan, 
Beedle  and  other  Indians  living  in  the  region  of  the 
colonists  were  continually  begging  gifts  from  their 
sparse  supplies.  These  Indians  were  an  insolent  and 
beggarly  lot  and,  while  not  so  hostile  as  the  Wacos  and 
the  Comanches  of  the  interior,  and  the  Karankawas  on 
the  coast,  they  were  not  to  be  trifled  with.  They  had 
to  be  suffered  in  patience  until  the  colonists  were  numer- 
ous enough  to  deal  with  them.  "One  imprudent  step 
with  these  Indians,"  Austin  wrote  later,  referring  to 
this  period,  "would  have  destroyed  the  settlement,  and 
the  settlers  deserve  as  much  credit  for  their  forbear- 
ance during  the  years  1822  and  1823  as  for  their 
fortitude." 


WAITING  IN  THE  WILDS  121 

Capt.  Jesse  Burnam,  one  of  the  settlers,  relates  an 
incident  which  illustrates  this  situation  as  it  affected 
the  food  supply.  "I  went  out  to  kill  a  deer,"  he  says, 
"and  had  killed  one  and  was  butchering  it  when  an 
Indian  came  up  and  wanted  to  take  it  from  me.  I 
would  not  let  him  have  it,  but  got  it  on  my  back  the 
best  I  could  and  started  for  camp.  The  Indian  began 
to  yell,  I  suppose  for  help,  but  I  would  have  died  rather 
than  give  the  deer  up.  I  thought  if  there  was  only  one 
I  would  put  my  knife  in  him  and  save  my  gun  for 
another.  I  walked  along  as  fast  as  I  could,  he  pulling 
at  the  deer  and  making  signs  that  he  wanted  it  on  his 
back.  I  could  not  put  it  down  to  rest,  so  I  walked  into 
a  gully  and  rested  it  on  a  bank,  the  Indian  all  the  time 
making  threats  and  grimaces.  .  .  .  When  I  got  back 
to  camp  it  was  full  of  Indians,  and  everyone  was  divid- 
ing meat  with  them."  The  Indians  did  not  get  Bur- 
nam's  deer,  but  few  were  willing  to  take  such  risks. 
Had  there  been  three  or  four  Indians  instead  of  one, 
they  probably  would  have  taken  it  from  him,  just  as 
the  Indians  at  camp  compelled  the  colonists  to  divide. 
This  was  not  a  rare  occurrence;  it  was  an  almost  con- 
stant nuisance.  The  colonists  literally  had  to  feed  a 
lot  of  beggarly  Indians,  in  addition  to  providing  for 
themselves,  during  much  of  the  time  Austin  was  away. 

Austin's  continued  absence  was  a  constant  subject  of 
talk,  and  it  can  be  imagined  that  there  were  those  who 
did  not  hesitate  to  express  the  opinion  that  he  would 
never  come  back,  and  that  none  of  them  would  ever 
receive  a  title  for  land.  Some  of  those  who  left  the 
colony  and  returned  to  the  United  States  undoubtedly 
did  say  such  things,  and  this  fact  and  the  general  con- 


122 A  HISTORY  OF  TEXAS 

dition  of  privation  existing  in  the  colony  turned  many 
an  immigrant  back  at  Nacogdoches,  or  caused  them  to 
stop  there  and  to  settle  on  land  outside  the  limits  of 
Austin's  colony. 

It  had  been  Austin's  general  plan  to  have  prospective 
colonists  come  to  Texas  at  their  convenience,  taking 
their  own  time  and  reporting  to  him,  or  to  some  one 
else  in  charge,  on  arrival.  Before  he  left  Louisiana 
for  Texas  he  had  arranged  with  a  number  of  families 
in  Arkansas,  Missouri  and  elsewhere  to  emigrate  in  this 
way.  Indeed,  some  of  these  colonists  preceded  him  to 
Texas  by  several  weeks,  and  were  on  the  ground  when 
he  reached  there  in  December,  1821.  Among  these 
were  the  three  Kuykendall  brothers  and  their  families, 
who  crossed  the  Brazos  at  La  Bahia  road  on  November 
26,  1821.  They  found  another  such  family,  that  of 
Andrew  Robinson,  already  camped  on  the  west  side  of 
that  river.  The  Robinsons  were  the  first  immigrant 
family  to  cross  the  Brazos. 

To  fit  the  cases  of  such  colonists,  who  agreed  to  come 
to  Texas  as  soon  as  they  could  arrange  to  leave  their  old 
homes,  Austin  provided  a  printed  form  which,  when 
filled  out  and  signed,  authorized  the  holder  to  settle 
along  the  Colorado  and  Brazos  rivers,  and  which  set 
forth  the  conditions  upon  which  the  colonist  was  ac- 
cepted. A  copy  of  the  one  given  to  Abner  Kuykendall 
will  serve  to  illustrate  the  whole  arrangement.  It  read 
as  follows: 

"Civil  Commandant  of  the  Colony  forming  on  the 
Colorado  and  Brazos  Rivers  in  the  province  of  Texas: 

"Permission  is  hereby  granted  to  Abner  Kuykendall 
and  family  to  emigrate  and  settle  in  the  colony  forming 


WAITING  IN  THE  WILDS  123 

by  me  under  the  authority  and  protection  of  the  govern- 
ment of  New  Spain  at  the  points  above  stated.  Settlers 
are  required  to  comply  with  the  general  regulations 
hereunto  annexed: 

"Stephen  F.  Austin." 

"1.  No  person  will  be  admitted  as  a  settler  who  does 
not  produce  satisfactory  evidence  of  having  supported 
the  character  of  a  moral,  sober  and  industrious  citizen. 

"2.  Each  settler  must,  when  called  on  by  the  gov- 
ernor of  the  said  province,  take  the  oath  of  allegiance 
to  the  government  exercising  sovereignty  of  the  country. 

"3.  Six  hundred  and  forty  acres  of  land  will  be 
granted  to  each  family,  and,  in  addition  to  that,  three 
hundred  and  twenty  acres  to  a  man's  wife,  one  hundred 
and  sixty  acres  for  each  child  and  eighty  acres  for  each 
slave;  which  land  will  be  laid  off  in  two  equal  tracts, 
one  on  the  river  in  an  oblong;  the  other  is  to  be  located 
so  as  not  to  interfere  with  the  river  lands.  One  of  said 
tracts  must  be  actually  inhabited  and  cultivated  by  the 
person  and  family  who  has  permission  to  settle  it,  within 
the  year  from  the  first  of  January,  1822. 

"Twelve  cents  and  a  half  per  acre  must  be  paid  me 
for  said  land,  one-half  on  receipt  of  title,  the  other  in 
one  year  after,  which  will  be  in  full  for  surveying  fees 
and  all  other  charges — each  settler  will  choose  his  own 
tract  of  land  within  the  limits  designated  by  Austin. 

"4.  Mechanics  and  men  of  capital  will  receive  addi- 
tional privileges  in  proportion  to  their  capacity  to  be 
useful. 

"5.  Each  settler  is  required  to  report  to  me  or  the 
officer  who  has  charge  of  the  colony,  immediately  on  his 


124  A  HISTORY  OF  TEXAS 


arrival,  and  to  furnish  a  list  of  the  number  of  his  fam- 
ily, giving  the  names  of  his  children  and  their  ages,  the 
number  of  his  negroes,  designating  those  under  twelve 
years  of  age,  those  over  twelve  and  under  twenty-one, 
those  over  twenty-one  and  whether  male  or  female,  and 
if  any  of  the  family  are  mechanics  to  state  what  kind." 

Many  prospective  settlers,  armed  with  such  certificates 
of  permission,  and  others  without  them,  drawn  thither 
by  Austin's  announcements  in  the  newspapers,  arrived  in 
Texas  overland  after  he  had  left  for  Mexico  City.  The 
route  from  the  Sabine  to  the  site  of  the  colony  was  first 
to  Nacogdoches,  then  along  the  San  Antonio  road  to  the 
Brazos  and  the  Colorado,  from  which  points  the  immi- 
grant would  move  south  along  the  banks  of  either  river 
until  he  found  a  place  that  struck  his  fancy.  In  this  way 
settlers  were  spread  along  the  banks  of  these  two  streams 
from  the  San  Antonio  road  almost  to  the  coast.  But  soon 
the  condition  of  things  among  the  colonists — the  absence 
of  Austin  and  the  scarcity  of  food  and  supplies — became 
generally  known  at  Nacogdoches,  and  no  doubt  the  story 
was  greatly  exaggerated  in  the  telling.  Nacogdoches 
itself  eked  out  a  hand-to-mouth  existence,  and  one  can 
imagine  the  feelings  of  a  man  arriving  in  such  a  place 
with  his  family,  and  then  learning  that  conditions  were 
worse  at  the  point  of  destination  toward  which  he  was 
traveling.  Some  decided  to  go  no  further  and  "squat- 
ted" on  land  between  Nacogdoches  and  the  Sabine, 
which  was  not  yet  open  to  colonization.  Others  stopped 
at  the  Trinity  river.  But  many  turned  back,  very  much 
disgusted  and  a  great  deal  poorer  as  the  result  of  their 
experience,  and  these  became  the  purveyors  of  the  wild- 
est reports  concerning  conditions  in  Texas.   When  some 


WAITING  IN  THE  WILDS  125 

of  the  settlers  themselves  finally  gave  up  and  returned 
to  the  United  States,  they  joined  in  the  chorus  of  "Keep 
away  from  Texas." 

But  the  land  route  was  not  the  only  one  used.  At  first 
colonists  came  also  by  schooner  from  New  Orleans.  On 
June  4,  1 822,  a  little  more  than  two  months  after  Aus- 
tin's departure,  the  schooner  Only  Son  landed  at  the 
mouth  of  the  Colorado  with  a  number  of  families  and 
a  quantity  of  supplies.  The  passengers  were  in  three 
parties,  one  being  made  up  of  William  Kincheloe  and 
his  family  and  a  few  friends,  and  including  Kincheloe's 
son-in-law,  Horatio  Chriesman.  There  was  much  sick- 
ness among  the  new  arrivals,  and  it  was  decided  to  leave 
most  of  their  effects  at  the  landing,  together  with  the 
rest  of  the  cargo,  under  guard,  and  move  up  the  river 
immediately.  Kincheloe's  party  camped  at  a  little  creek, 
about  ten  miles  from  the  coast,  and  another  party, 
known  as  "Wilson's  party,"  camped  some  distance  west 
of  them.  The  others  went  on  to  a  point  known  as  Jen- 
nings' camp,  further  up  the  river. 

About  the  same  time  the  schooner  Lively ,  now  mak- 
ing its  second  trip,  was  wrecked  on  the  west  end  of  Gal- 
veston island,  and  its  passengers,  another  party  of  immi- 
grants, and  the  cargo,  consisting  of  the  effects  of  the 
passengers  and  supplies  for  the  colonists,  were  taken  by 
the  schooner  John  Motley  and  landed  at  the  mouth  of 
the  Colorado.  These  immigrants  proceeded  at  once  to 
Jennings's  camp,  also  leaving  most  of  their  effects  and 
supplies  at  the  landing  under  guard.  There  was  a  quan- 
tity of  flour  and  of  other  supplies  to  be  sold  to  the  colo- 
nists, who  were  expected  to  come  to  the  landing  and  to 
move  their  purchases,  and  the  whole  was  left  under 


126  A  HISTORY  OF  TEXAS 

guard  of  four  men.  The  news  of  the  arrival  of  these 
supplies  was  rapidly  circulated  among  the  colonists,  and 
some  of  them  came  immediately  to  the  coast  to  buy 
flour,  which  was  offered  at  twenty-five  dollars  a  barrel, 
either  in  cash,  peltries,  beeswax  or  other  saleable  com- 
modities. 

Chriesman,  who  afterwards  became  surveyor  for  Aus- 
tin's colony,  relates  that  after  the  lapse  of  a  few  days, 
the  provisions  at  Kincheloe's  camp  being  nearly  ex- 
hausted, Pleasant  Pruitt,  one  of  the  party,  was  about  to 
start  for  a  new  supply  when  a  runner  from  Wilson's 
camp  came  to  inform  them  that  the  four  men  left  at 
the  landing  had  been  murdered  by  the  Karankawa  In- 
dians and  all  the  property  of  the  immigrants  and  the 
rest  of  the  cargo  had  been  carried  away  or  destroyed. 
Immediately  upon  receipt  of  this  news,  Kincheloe's 
party  broke  camp  and  proceeded  up  the  Colorado,  "the 
men  packing  all  the  effects  of  themselves  and  their 
families,  except  the  guns,  which  were  carried  by  the 
women."  All  of  these  immigrants  settled  at  different 
points  along  the  Colorado,  and  Chriesman  records  that 
they  suffered  greatly  for  want  of  provisions. 

The  destruction  of  the  cargoes  of  the  two  schooners 
by  the  Karankawas  was  a  great  disaster,  not  only  to  the 
passengers  who  lost  some  of  their  effects,  but  to  the  colo- 
nists already  on  the  ground  who  had  been  looking  for- 
ward to  the  arrival  of  a  schooner  with  supplies  ever 
since  the  failure  of  the  Lively  to  keep  the  rendezvous 
with  Austin  six  months  before.  Not  only  was  their  tem- 
porary rejoicing  over  the  news  of  the  arrivals  turned  to 
grim  disappointment,  but  the  acts  of  the  Karankawas 
made  it  hopeless  to  expect  any  supplies  in  the  future  by 


WAITING  IN  THE  WILDS  127 

the  sea  route,  and  packing  supplies  from  Natchitoches 
was  a  slow  and  costly  operation,  even  if  many  of  the 
colonists  could  afford  this  expense.  The  Karankawa 
Indians,  from  all  accounts,  seem  to  have  been  the  most 
ferocious  ever  encountered  by  American  frontiersmen 
anywhere.  Indeed,  so  greatly  were  they  feared  and  so 
bad  was  the  reputation  which  they  acquired,  that  it  was 
even  said  they  were  cannibals.  There  is  no  authenticated 
instance  of  cannibalism  to  support  this  view,  however. 
They  are  described  by  one  early  traveler  in  Texas  as 
"the  most  savage-looking  human  beings  I  ever  saw." 
They  were  giants  in  stature,  and  were  armed  with  great 
bows  and  arrows  in  proportion  to  their  size.  They 
roamed  the  whole  Texas  coast  and  were  quite  as  much 
at  home  on  the  water  as  on  land,  being  skillful  in  the 
use  of  the  canoe.  They  lived  chiefly  on  fish  and  alliga- 
tors. "Their  ugly  faces  were  rendered  hideous,"  says 
one  observer,  "by  the  alligator  grease  and  dirt  with 
which  they  were  besmeared  from  head  to  foot  as  a  de- 
fense against  mosquitoes."  It  was  probably  these 
Indians  that  destroyed  La  Salle's  colony,  and  that  pre- 
vented both  the  French  and  Spaniards  from  building  a 
fort  on  the  coast.  They  were  a  constant  menace  to 
the  colonists  during  the  period  of  Austin's  absence  in 
Mexico. 

Shortly  after  the  massacre  at  the  mouth  of  the  Colo- 
rado, the  Karankawas  committed  other  depredations. 
Finally,  when  a  party  of  these  Indians  attacked  three  of 
the  colonists  who  were  coming  up  the  Colorado  in  a 
canoe,  killing  two  of  them  and  wounding  the  other, 
Robert  Kuykendall  and  a  party  of  settlers  decided  that 
a  passive  attitude  toward  them  would  no  longer  be  safe. 


128  A  HISTORY  OF  TEXAS 

Accordingly,  they  organized  an  expedition  against  the 
Karankawas.  In  order  to  insure  the  good  behavior  of 
the  Tonkawas  during  their  absence,  they  took  the  chief 
of  that  tribe  along  with  them.  Upon  arriving  near  the 
mouth  of  Scull  creek,  a  reconnoitering  party  heard  a 
number  of  Karankawas  in  a  thicket  pounding  briar  root, 
from  which  these  Indians  extracted  a  very  nutritive 
starch.  This  was  at  nightfall,  and  the  Indians  were 
camped  for  the  night,  so  it  was  decided  to  wait  until 
daybreak  to  attack  them.  Kuykendall  and  his  compan- 
ions surrounded  the  camp  in  the  early  dawn.  One  lone 
Indian  was  awake  and  had  risen,  but  before  he  could 
give  the  alarm  he  was  shot  down  and  instantly  killed. 
The  settlers  then  poured  a  deadly  fire  into  the  Indian 
camp,  killing  ten  or  twelve  of  them  as  they  were  aroused 
from  sleep  in  the  confusion  of  the  attack.  Only  a  few 
of  this  party  of  Karankawas  escaped  to  carry  the  tid- 
ings to  their  tribesmen.  This  was  the  first  chastisement 
administered  to  these  Indians  by  Austin's  settlers. 

To  add  to  the  hardships  of  the  colonists  along  the 
Colorado  and  the  upper  Brazos,  a  severe  drouth  during 
the  summer  almost  ruined  what  little  corn  they  had 
planted.  In  many  instances  the  crop  was  a  complete 
failure,  and  some  scarcely  raised  as  much  corn  as  the 
seed  they  had  planted.  In  the  river  bottoms,  however, 
a  few  produced  a  fair  crop,  and,  after  many  months 
without  bread,  the  colonists  now  feasted  on  such  corn 
pone  as  could  be  made  of  meal  manufactured  by  pound- 
ing or  grating.  Those  whose  crop  had  failed  purchased 
corn  from  the  others,  paying  for  it  with  whatever  of 
value  they  might  possess.  Captain  Burnam,  for  exam- 
ple, relates  that  his  family  had  been  without  bread  for 


WAITING  IN  THE  WILDS  129 

nine  months,  and  that  a  fellow  colonist  offered  to  sell 
him  some  corn.  "I  gave  him  a  horse  for  twenty  bush- 
els," he  says,  aand  went  sixty  miles  after  it  with  two 
horses  and  brought  eight  bushels  back."  Even  then  his 
family  had  to  be  very,  economical  with  it,  and  only  one 
piece  of  bread  all  around  at  a  meal  was  the  rule.  The 
first  corn  crop  provided  only  temporary  relief  and  a  lit- 
tle variety  in  the  food  supply. 

Besides  game,  wild  honey  was  a  regular  article  of  diet 
and  the  universal  substitute  for  sugar.  Very  few  of  the 
colonists  had  jars  or  other  containers  to  store  it,  and  so 
they  soon  reverted  to  the  "wine  skins"  of  biblical  times, 
manufacturing  containers  for  the  honey  from  deer  skins. 
Deer  skins  also  came  into  general  use  as  the  chief  ma- 
terial for  wearing  apparel  for  both  men  and  women, 
for  the  clothing  they  brought  with  them  became  so  tat- 
tered and  worn  in  time  that  it  was  necessary  for  most  of 
the  colonists  to  provide  themselves  with  new  wardrobes. 
While  there  were  a  few  spinning  wheels  and  looms  in 
the  colony,  there  was  as  yet  no  cotton  to  spin  or  weave. 
Buckskin  was  soon  the  prevailing  style  of  dress,  and  the 
colonists  vied  with  each  other  in  making  such  outfits 
"artistic"  as  well  as  durable. 

It  is  easy  in  this  modern  day  to  idealize  such  a  life 
as  the  colonists  lived  as  one  of  "sylvan  simplicity,"  but 
the  truth  is,  it  was  a  life  of  privation  and  hardship. 
There  were  cases  of  near  starvation,  which  the  colonists 
were  frequently  too  close  to  the  end  of  their  own  sup- 
plies to  relieve.  There  was,  for  example,  one  case  of  a 
mother  and  two  children  subsisting  for  several  days  on 
lettuce,  while  the  husband  and  father  was  compelled  to 
be  absent.     There  was  the  case  of  another  family  who 


130  A  HISTORY  OF  TEXAS 

lived  on  a  little  milk  for  nearly  a  week,  while  the  only- 
man  on  the  place  worked  in  the  field  to  save  eight  acres 
of  corn  which  otherwise  would  have  been  lost.  He 
plowed  those  eight  acres,  with  only  a  little  buttermilk 
to  sustain  him,  and  did  not  dare  to  stop  long  enough  to 
hunt.  There  were  other  similar  cases,  for  scarcity  of 
food  was  a  common  condition  in  the  colony,  not  only 
during  this  period,  but  even  after  Austin's  return. 

In  December,  1822,  Baron  de  Bastrop  visited  the 
colonists  on  the  Colorado  for  the  purpose  of  obtaining 
their  oaths  of  allegiance  to  the  emperor,  Iturbide,  and  of 
forming  them  into  some  sort  of  civil  organization.  This 
was  after  Iturbide  had  assumed  absolute  powers,  and 
just  about  the  time  Austin  was  making  headway  in  get- 
ting a  colonization  law  enacted  by  that  mushroom  mon- 
arch's government.  The  old  baron  gathered  the  colo- 
nists together  and  administered  the  oath  to  these  remote 
subjects  of  Augustus  I — and  last — with  fitting  cere- 
mony. He  then  held  an  election  for  alcalde  and  officers 
of  the  militia.  John  Tomlinson  was  elected  alcalde,  and 
Robert  Kuykendall  captain  of  the  militia.  The  whole 
number  of  votes  on  the  Colorado  did  not  exceed  thirty. 
Baron  de  Bastrop  did  not  go  to  the  Brazos,  but  author- 
ized Josiah  H.  Bell  to  hold  the  election  there  and  to 
administer  the  oath.  The  Brazos  colonists  met  at  Bell's 
house  and  unanimously  elected  him  alcalde.  Samuel 
Gates  was  elected  captain  of  the  militia,  and  J.  H.  Kuy- 
kendall lieutenant. 

This  evidence  that  the  Mexican  government  had  some 
interest  in  them  served  to  create  a  little  confidence 
among  the  settlers,  and,  as  it  was  believed  that  Austin 


WAITING  IN  THE  WILDS  131 

would  soon  be  returning  to  Texas,  they  began  to  view 
the  future  a  little  more  optimistically.  But  this  was 
about  all  the  interest  the  Mexican  authorities  in  Texas 
manifested  in  them.  Far  from  supplying  the  colonists 
with  any  protection  against  the  Indians  in  the  form  of 
troops,  the  authorities  did  not  even  protect  them  against 
the  "border  ruffians,"  Mexican  and  Louisiana  despera- 
does from  the  region  along  the  Texas-Louisiana  border. 
On  the  contrary,  Austin's  colonists  themselves  made 
Texas  safer  for  Mexican  horse  traders  against  attacks 
from  these  bandits.  During  the  summer  of  1823  a 
Frenchman  and  two  Mexicans  from  the  Louisiana  bor- 
der were  whipped  for  stealing  horses,  and  their  ponies 
confiscated.  Shortly  after  that  an  incident  occurred 
which  gave  notice  to  all  the  desperate  characters  of  the 
border  that  the  Colorado  and  the  Brazos  were  extremely 
unhealthy  for  their  kind.  A  party  of  Mexicans,  driv- 
ing a  caballada  of  horses  from  the  Rio  Grande  to  Loui- 
siana, was  camped  near  Scull  creek,  when  a  band  of  bor- 
der Mexicans  attacked  it.  Two  or  three  of  the  Rio 
Grande  party  were  murdered  and  the  rest  dispersed,  and 
the  bandits  proceeded  to  take  charge  of  their  horses  and 
to  drive  them  toward  Louisiana.  The  owner  of  the 
horses,  though  wounded,  escaped  to  the  settlement  on 
the  Colorado,  and  Robert  Kuykendall  immediately  or- 
ganized a  posse  to  pursue  the  thieves.  The  latter  di- 
vided into  two  parties,  one  escaping  along  the  San  An- 
tonio road  in  the  direction  of  Louisiana,  but  the  settlers 
overtook  the  other  party  on  the  west  bank  of  the  Brazos 
and  in  a  battle  which  followed  killed  two  of  their  num- 
ber. The  horses  were  recovered  and  restored  to  their 
owner,  and  the  heads  of  the  two  bandits  were  cut  from 


132  A  HISTORY  OF  TEXAS 

their  bodies  and  placed  on  poles  at  the  roadside.  After 
that  the  colonists  suffered  no  more  annoyance  from 
"border  ruffians." 

It  has  been  remarked  that  there  was  sickness  among 
the  passengers  of  the  schooner,  Only  Son.  There  was 
much  sickness  among  the  colonists  as  a  whole  during  this 
period,  for  the  privations  which  they  underwent,  the 
limited  food  supply  and  the  general  character  of  their 
diet  were  not  calculated  to  promote  health.  There  was 
not  a  practicing  physician  in  the  whole  colony,  and  any 
serious  illness  was  likely  to  result  in  death.  Before  the 
spring  of  1823  the  first  graves  were  made  by  the  Amer- 
icans in  a  soil  still  alien,  but  upon  which  they  were  des- 
tined to  rear  a  splendid  civilization.  Among  the  earliest 
victims  of  disease  were  some  of  the  brave  women  who 
had  accompanied  their  husbands  into  that  remote  wilder- 
ness. It  was  several  years  later,  when  the  country  was 
much  more  thickly  settled,  that  it  was  said  of  Texas  that 
it  was  aa  heaven  for  men  and  dogs,  but  a  hell  for  women 
and  oxen."  It  was  a  woman  who  said  that,  and  the  men 
may  have  had  a  different  opinion  about  its  application 
with  respect  to  them.  But  one  part  of  this  statement 
was  certainly  true  of  Texas  during  this  period:  it  was  a 
hell  for  women.  Much  blood  has  been  shed  in  defense 
of  Texas  since  that  day.  The  Alamo  still  stands  as  a 
monument  to  remind  this  generation  in  all  countries  that 
men  can  die  bravely  in  a  holy  cause.  But  the  women 
among  that  little  group  of  pioneers  suffered  more  for 
Texas  than  many  a  soldier  wounded  on  the  battlefield, 
and  those  who  died  during  that  first  year  gave  their  lives 
for  Texas  as  truly  as  the  heroes  who  made  the  last  su- 
preme sacrifice  within  the  walls  of  the  Alamo. 


WAITING  IN  THE  WILDS  133 

As  the  months  passed  and  the  return  of  Stephen  Aus- 
tin was  postponed  again  and  again,  the  outlook  became 
gloomy.  Many  of  the  colonists  gave  up  at  last  and 
moved  back  to  the  United  States.  There  were  few  events 
to  break  the  monotony  of  waiting  for  things  to  improve 
and  to  make  the  outlook  brighter.  Immigration  now 
ceased  entirely  and  this  had  a  very  depressing  eff ect,  for, 
if  Texas  was  not  to  be  settled  soon,  the  prospect  for 
those  who  remained  would  not  be  very  encouraging.  In- 
stead of  increasing,  their  number  was  decreasing,  and 
if  no  new  settlers  came  to  take  the  places  of  those  who 
had  gone,  it  could  be  expected  that  others  would  leave  in 
the  future.  With  no  assurance  of  the  time  of  Austin's 
return,  with  no  certainty  that  they  would  receive  titles 
to  their  land,  and  now  with  the  expectation  that  the 
country  would  be  settled  up  also  fading,  it  took  grim 
determination  to  stay  on.  But,  both  on  the  Colorado  and 
on  the  Brazos,  a  little  group  of  settlers  held  on  in  spite 
of  all  these  discouraging  circumstances. 

A  few  of  the  more  prosperous  of  the  colonists  made 
trips  to  Natchitoches  in  the  summer  of  1823  to  get  cof- 
fee, sugar  and  other  supplies,  and  this,  together  with  the 
outlook  for  a  better  corn  crop,  brightened  things  up  a 
little.  Then  an  enterprising  Frenchman  from  below  the 
Rio  Grande  arrived  with  several  mules  loaded  with  rock 
salt.  This  was  a  very  great  event,  for  this  necessity  had 
been  almost  non-existent  in  the  colony  for  some  time. 
Finally  there  came  the  cheering  news  that  Stephen  Aus- 
tin was  really  returning  at  last  and  that  he  had  been  en- 
tirely successful  in  his  mission. 

Austin  had  reached  Monterey  in  May,  and  as  he  was 
determined  that  there  should  be  no  further  hitch  in  the 


134 A  HISTORY  OF  TEXAS 

legal  aspects  of  his  undertaking,  he  called  immediately 
upon  Don  Felipe  de  la  Garza,  now  the  commandant 
general  of  the  eastern  internal  provinces.  He  particu- 
larly desired  to  obtain  from  that  official,  under  whose 
jurisdiction  Texas  still  remained,  an  interpretation  of 
his  status  and  powers  with  respect  to  the  government  of 
the  colony.  The  result  was  that  he  was  made  chief  of 
the  militia  in  the  colony,  with  the  rank  of  lieutenant 
colonel,  and  he  was  recognized  as  having  practically  un- 
limited power  to  govern  the  colony  in  all  civil,  military 
and  judicial  matters,  subject  only  to  the  approval  of  the 
superior  government.  In  all  capital  cases,  however,  he 
was  to  refer  a  record  of  the  proceedings  to  the  superior 
government,  together  with  a  copy  of  the  verdict,  and 
while  awaiting  its  action  should  work  the  prisoner  on 
the  public  roads.  In  short,  as  Austin  himself  said,  the 
local  government  was  thus  committed  to  him  with  the 
most  extensive  powers,  but  without  any  copies  of  laws, 
or  specific  instructions  whatever  for  his  guide. 

From  Monterey,  Austin  proceeded  to  San  Antonio. 
The  commandant  transmitted  all  the  documents  in  the 
matter  to  Luciana  Garcia,  now  governor  of  Texas,  on 
June  16,  together  with  instructions  to  put  them  into 
effect.  On  July  16  Garcia  appointed  Baron  de  Bastrop 
as  commissioner  to  organize  the  colony  and  to  install 
Austin  formally  as  legal  head  of  it  in  all  matters  of  gov- 
ernment. On  the  same  day  he  notified  the  commandant 
of  this  action,  and  of  the  fact  that  he  had  bestowed  upon 
the  town,  which  was  to  be  the  capital  of  the  colony,  the 
name  of  San  Felipe  de  Austin,  in  honor  of  the  com- 
mandant's patron  saint,  Felipe,  and  of  the  empresario. 
It  is  not  improbable  that  Austin  himself,  who  by  this 


WAITING  IN  THE  WILDS  135 

time  had  acquired  a  thorough  understanding  of  Mexican 
character,  suggested  to  Garcia  this  graceful  method  of 
complimenting  Garza.  Austin  and  Baron  de  Bastrop 
arrived  on  the  Colorado  early  in  August  and  were  wel- 
comed by  the  colonists  there  with  enthusiasm.  The  long 
wait  was  over,  the  period  of  uncertainty  was  at  an  end, 
and  henceforth  there  would  be  steady  progress.  But 
Austin  found  things  in  worse  shape  than  he  had  ex- 
pected. In  his  own  words,  he  found  that  "the  settlement 
was  nearly  broken  up  in  consequence  of  his  long  deten- 
tion in  Mexico,  and  immigration  had  totally  ceased."  It 
appears  also  that  during  his  absence  some  of  those  who 
had  arrived  had  become  discontented  with  the  whole  ar- 
rangement of  Austin's  relation  to  the  enterprise,  and 
especially  with  the  provision  of  the  agreement  that 
twelve  and  a  half  cents  an  acre  should  be  paid  to  him 
for  their  land.  But  Austin  set  to  work  immediately  to 
build  on  such  foundation  as  existed  and  to  promote  har- 
mony among  the  settlers. 

Under  date  of  August  5,  Baron  de  Bastrop  officially 
notified  James  Cummins,  now  alcalde  on  the  Colorado, 
to  have  the  colonists  gather  at  the  house  of  Sylvanus 
Castleman  on  August  9,  in  order  that  he  might  com- 
municate to  them  "the  superior  orders  with  which  I  am 
charged,  and  that  said  Don  Stephen  F.  Austin  may  be 
recognized  by  the  civil  and  military  authorities  de- 
pendent upon  him  and  by  the  new  colonists  who  are  un- 
der his  charge."  The  baron's  instructions  informed  him 
that  "Stephen  F.  Austin  is  authorized  by  the  govern- 
ment to  administer  justice  in  that  district,  and  to  form 
a  regiment  of  national  militia,  over  which  for  the  pres- 
ent  he   must   be   chief,   with   the   rank   of  lieutenant 


136  A  HISTORY  OF  TEXAS 

colonel  -y  all  of  which  you  will  make  known  to  the  in- 
habitants of  said  district,  in  order  that  they  may  recog- 
nize the  said  Austin,  invested  with  said  powers,  and 
obey  whatever  he  may  order  relative  to  the  public  serv- 
ice of  the  country,  the  preservation  of  good  order,  and 
the  defense  of  the  nation  to  which  they  belong."  It  was 
these  instructions  which  were  put  into  effect  at  the  gath- 
ering of  the  colonists  at  Castleman's.  Austin  was  thus 
formally  installed  as  the  governing  head  of  the  Anglo- 
Americans  in  Texas,  an  official  of  the  Mexican  govern- 
ment, with  almost  unlimited  discretionary  powers.  He 
had  not  yet  reached  his  thirtieth  birthday  when  this 
ceremony  took  place. 

But  Austin  did  not  wait  for  this  formal  installation 
to  communicate  with  the  settlers  on  the  Brazos,  where 
some  of  the  discontent  referred  to  existed,  and  to  ac- 
quaint them  with  the  results  of  his  mission  to  Mexico. 
Under  date  of  August  6,  he  addressed  a  letter  to  them, 
and  incidentally  took  occasion  to  make  it  clear  that  their 
contract  with  him  must  be  kept.  This  letter,  which 
was  addressed  to  "J.  H.  Bell,  Andrew  Robertson  (Rob- 
inson), Abner  Kuykendall  and  other  settlers  on  the 
Brazos  river,"  is  in  a  sense  the  first  public  proclamation 
issued  by  Austin  in  Anglo-American  Texas,  and  it  is, 
therefore,  given  here  in  full.  The  letter  read  as  fol- 
lows: 

"Colorado  River, 
"House  of  Mr.  Castleman's, 
"August  6,  1823. 

"Fellow  Citizens:  I  have  once  more  the  pleas- 
ure of  addressing  you  a  few  lines  from  the  Colo- 
rado.   My  absence  has  been  protracted  greatly  beyond 


WAITING  IN  THE  WILDS  137 

my  calculations,  and  has  been  in  the  highest  degree  un- 
pleasant to  me,  as  it  has  retarded  the  progress  of  the 
most  favorite  enterprise  I  ever  engaged  in;  but  I  now 
flatter  myself  with  the  hope  of  receiving  a  full  compen- 
sation for  the  difficulties  I  have  encountered  by  witness- 
ing the  happiness  of  those  who  compose  this  colony.  I 
assure  you  that  if  my  own  private  and  personal  interest 
had  been  the  only  incentive  to  induce  me  to  persevere, 
I  should  probably  have  abandoned  the  enterprise,  rather 
than  have  surmounted  the  difficulties  produced  by  the 
constant  state  of  revolution  in  which  the  country  has 
been,  after  my  arrival  in  the  City  of  Mexico.  But  I  was 
animated  by  the  gratifying  hope  of  providing  a  home 
for  a  number  of  meritorious  citizens,  and  of  placing 
them  and  their  families  in  a  situation  to  make  themselves 
happy  the  balance  of  their  lives.  One  of  the  greatest 
pleasures  a  virtuous  mind  can  receive  in  this  world  is 
the  consciousness  of  having  benefited  others;  this  pleas- 
ure I  now  have  in  prospect.  The  title  to  your  lands  is 
indisputable — the  original  grant  for  this  settlement  was 
made  by  the  Spanish  government  before  the  revolution; 
it  was  then  confirmed,  and  the  quantity  of  land  desig- 
nated by  the  decree  of  the  Emperor  Augustin  Iturbide 
on  the  18th  day  of  February  last,  and  the  whole  was 
again  approved  and  confirmed  by  the  sovereign  congress 
of  the  Mexican  nation  on  the  14th  of  April  last,  after 
the  fall  of  the  emperor.  The  titles  are  made  by  me 
and  the  commissioner  of  the  government,  and  are  then 
perfect  and  complete  forever,  and  each  settler  may  sell 
his  land  the  same  as  he  could  do  in  the  United  States. 

"All  that  depends  on  me  towards  the  advancement  of 
the  colony  will  be  executed  in  good  faith,  so  far  as  my; 


138  A  HISTORY  OF  TEXAS 

abilities  extend,  and  with  all  the  promptness  in  my 
power  ;  but  to  enable  me  to  benefit  them  to  the  full 
extent  that  I  wish,  it  is  necessary  that  the  settlers  should 
have  confidence  in  me  and  be  directed  by  me.  I  have  a 
better  opportunity  of  knowing  what  will  be  advan- 
tageous to  them  as  regards  their  conduct  and  intercourse 
with  the  government  than  any  of  them  could  have  had, 
and  I  feel  almost  the  same  interest  for  their  prosperity 
that  I  do  for  my  own  family  ;  in  fact,  I  look  upon  them 
as  one  great  family  who  are  under  my  care.  I  wish  the 
settlers  to  remember  that  the  Roman  Catholic  is  the 
religion  of  this  nation.  I  have  taken  measures  to  have 
Father  Miness,  formerly  of  Natchitoches,  appointed 
our  curate;  he  is  a  good  man  and  acquainted  with  the 
Americans.  We  must  all  be  particular  on  this  subject, 
and  respect  the  Catholic  religion  with  all  that  attention 
due  to  its  sacredness  and  to  the  laws  of  the  land. 

"I  have  so  far  paid  all  the  expenses  attending  this  en- 
terprise out  of  my  own  funds.  I  have  spent  much  time 
and  lost  much  property  on  the  coast  in  my  absence.  I 
am  now  engaged  in  surveying  the  land,  and  must  pay 
money  to  the  surveyors  and  hands  employed;  besides 
which  I  have  to  pay  the  expenses  of  the  commissioner, 
and  heavy  expenses  attending  the  completion  and  re- 
cording of  the  titles.  A  moment's  reflection  will  con- 
vince the  settlers  that  all  this  can  not  be  done  without 
some  aid  from  them;  but,  as  regards  this  point,  they 
may  expect  all  the  indulgence  possible.  Those  who 
have  the  means  must  pay  me  a  little  money  on  receipt 
of  their  titles;  from  those  who  have  not  money  I  will 
receive  any  kind  of  property  that  will  not  be  dead  loss 
to  me,  such  as  horses,  mules,  cattle,  hogs,  peltry,  furs, 


WAITING  IN  THE  WILDS  139 

beeswax,  home-made  cloth,  dressed  deer-skins,  etc. 
Only  a  small  part  will  be  required  in  hand  3  for  the  bal- 
ance I  will  wait  one,  two  and  three  years,  according  to 
the  capacity  of  the  person  to  pay.  In  fact,  I  will  ac- 
commodate the  settlers  to  the  greatest  extent  in  my 
power.  I  think  that  those  who  know  me  can  state  that 
my  disposition  is  not  to  oppress  any  man;  it  is  a  pleasure 
for  me  to  benefit  my  fellow-citizens,  and  I  will  sacrifice 
my  own  interest  rather  than  distress  them  for  one  cent 
of  money.  But  I  have  many  sacred  duties  to  attend  to 
which  can  not  be  executed  without  money.  The  most 
of  what  I  receive  from  the  settlers  will  be  applied  for 
their  own  benefit,  and  I  think  they  must  all  agree  that 
it  is  also  my  duty  to  provide  for  my  own  family,  and 
that  in  justice  I  ought  to  be  compensated  for  the  losses 
and  fatigue  I  have  sustained  in  this  business,  particularly 
when  my  labors  secure  handsome  fortunes  to  my  follow- 
ers. I  could  exact  the  payment  of  all  the  expenses  in 
hand  before  the  titles  are  delivered,  but  shall  not  do  so; 
the  settlers  may  all  rely  on  the  terms  above  stated. 

"The  smallest  quantity  of  land  a  family  will  receive 
is  one  thousand  yards  square,  which  may  be  increased 
by  me  and  the  commissioner  without  limit  in  proportion 
to  the  size  of  the  family.  Young  men  must  join,  and 
take  land  in  the  name  of  one.  All  thus  united  will  be 
ranked  as  one  family ;  they  can  then  divide  the  land 
among  themselves. 

"I  shall  proceed  immediately  to  the  mouth  of  this 
river,  and  on  my  return  go  to  the  Brazos. 

"The  settlers  have  now  nothing  to  fear;  there  is  no 
longer  any  cause  for  uneasiness.  They  must  not  be  dis- 
couraged at  any  little  depredations  of  Indians;  they  must 


140  A  HISTORY  OF  TEXAS 

remember  that  American  blood  flows  in  their  veins,  and 
that  they  must  not  dishonor  that  noble  blood  by  yielding 
to  trifling  difficulties.  I  shall  adopt  every  possible 
means  for  their  security  and  defense.  I  have  brought 
some  powder  from  Bexar,  a  part  of  which  will  be  sent 
to  Captain  Robison  for  the  use  of  the  militia  when 
needed.  Let  every  man  do  his  duty,  and  we  have  noth- 
ing to  fear.  Let  us  be  united  as  one  man;  discord  must 
be  banished  from  among  us,  or  those  who  cause  it  will 
meet  with  the  most  severe  treatment. 

"Hoping  to  meet  you  soon  in  peace  and  happiness, 
I  am, 

"Respectfully,  your  friend  and  fellow-citizen, 

"Stephen  F.  Austin." 

Following  his  installation,  Austin  proceeded  to  make 
an  inspection  of  the  whole  colony,  going  first  along  the 
Colorado  to  its  mouth,  and  then  to  the  Brazos.  The 
settlement  now  took  on  new  life  and  the  colonists  began 
to  look  to  the  future  with  confidence.  Anglo-American 
civilization  had  gained  a  foothold  west  of  the  Sabine. 
It  would  never  be  dislodged. 


CHAPTER  VIII. 

FIRST  CONTRACT  COMPLETED. 

While  Stephen  Austin  was  laying  the  foundations  of 
Anglo-American  civilization  in  the  wilds  of  Texas  and 
the  Mexican  congress  was  making  a  beginning  at  estab- 
lishing a  republican  government  in  Mexico,  the  fate  of 
Texas  and  of  Mexico  as  a  whole  hung  in  the  balance  of 
international  politics. 

For  Mexico,  including  Texas,  was  regarded  by  the 
allied  monarchs  of  Europe  as  simply  one  of  the  colonies 
of  Spain,  in  a  state  of  revolt,  to  be  sure,  but  an  integral 
part  of  the  kingdom  of  Spain  none  the  less.  What 
would  be  done  about  those  colonies  would  be  decided 
after  dealing  with  the  upstart  republicans  in  Spain  itself. 
The  self-styled  holy  alliance,  formed  originally  by  the 
rulers  of  Austria,  Russia  and  Prussia,  and  now  joined 
by  Bourbon  France,  had  decided  that  it  would  not  do  to 
permit  the  establishment  of  a  constitution  in  Spain. 
Ferdinand  must  be  restored  to  absolute  power  and  to  this 
end  a  French  army  had  crossed  the  Spanish  frontier  at 
the  very  moment  the  republicans  in  Mexico  were  ban- 
ishing Iturbide  and  annulling  all  the  acts  of  his  gov- 
ernment. On  May  23  the  advance  guard  of  the  French 
entered  the  Spanish  capital,  and  on  June  12  the  cortes 
had  Ferdinand  hastily  declared  temporarily  insane  and 
fled  from  Seville  to  Cadiz,  taking  the  king  along  against 
his  will.  The  French  army,  led  by  the  Duke  of  An- 
gouleme,  followed  and  began  a  siege  of  Cadiz.    On  Au- 

141 


142  A  HISTORY  OF  TEXAS 

gust  30  the  fort  of  Trocadero  was  stormed  and  three 
weeks  later  the  city  was  bombarded.  The  Duke  of  An- 
gouleme  demanded  that  the  cortes  surrender  the  king, 
refusing  to  treat  until  Ferdinand  was  within  his  lines. 
Finally,  on  October  1,  the  king  was  delivered  into  the 
hands  of  the  French,  and  so  absolutism  was  reestab- 
lished in  Spain. 

The  next  natural  step  would  be  to  turn  now  to  the 
Spanish  colonies.  Alone  Spain  could  never  subdue 
them,  just  as  the  royalists  of  Spain  would  have  been 
helpless  without  the  intervention  of  the  other  powers. 
But  with  the  assistance  of  the  holy  alliance  it  was  rea- 
sonable to  expect  that  all  of  Spain's  great  colonial  em- 
pire could  be  recovered  and  it  would  supply  rich  mate- 
rial for  a  division  of  spoils  among  the  powers.  The 
Spanish  monopoly  of  colonial  trade  in  America  had  long 
been  an  object  of  avaricious  longings  on  the  part  of  other 
powers.  Indeed,  its  value  was  even  exaggerated,  and 
there  was  little  doubt  that  there  would  be  adequate  com- 
pensation in  the  form  of  colonial  territory  for  those 
participating  in  the  enterprise  of  recovering  the  Spanish 
domain  in  South  and  Central  America  and  in  Mexico. 

If  such  an  undertaking  had  been  set  on  foot  its  chances 
of  success  would  have  been  extremely  good.  But  there 
were  obstacles  in  the  way.  Great  Britain's  attitude 
created  one  such  obstacle,  for  that  country  had  held 
aloof  from  the  intervention  in  Spain  to  restore  Ferdi- 
nand. The  British  position  was  that  such  intervention 
in  the  intestine  struggles  of  another  country  was  neither 
right  in  principle  nor  expedient  in  policy.  Great  Brit- 
ain refused  to  join  in  such  a  move,  contenting  herself 
with  a  policy  of  strict  neutrality.  But,  while  neutral  to- 


FIRST  CONTRACT  COMPLETED 143 

ward  such  intervention  in  Spain  itself,  the  British  min- 
istry indicated  clearly  that  it  would  not  permit  the  trans- 
port of  armies  to  America  to  carry  out  a  like  program  in 
the  colonies. 

Ever  since  the  beginning  of  the  revolutions  in  Spain's 
American  colonies  in  1810,  the  Spanish  commercial 
monopoly  had  been  broken  down,  and  a  considerable 
trade  with  Spanish  America  had  been  obtained  by  both 
Great  Britain  and  the  United  States.  The  British  mer- 
chants were  opposed  to  a  restoration  of  that  monopoly  in 
any  form,  and,  from  an  international  standpoint,  the 
British  policy  at  this  time  was  especially  opposed  to  any 
enhancement  of  the  power  of  France.  This  phase  of 
British  policy  can  be  summed  up  in  the  words  of  Can- 
ning, who  formulated  it.  "I  resolved,"  he  said,  athat 
if  France  had  Spain,  it  should  not  be  Spain  with  the 
Indies." 

The  little  group  of  Americans  in  the  Texas  wilder- 
ness were  entirely  unconscious  of  the  fact  that  the  des- 
tiny of  the  soil  upon  which  they  had  settled  had  thus 
become  a  pawn  in  the  game  of  international  politics. 
The  republican  leaders  in  Mexico  were  scarcely  more 
conscious  of  the  situation,  and  were  proceeding  to  de- 
cide the  details  of  the  form  of  government  to  be  estab- 
lished. It  was  a  real  danger,  nevertheless,  and  had  the 
British  attitude  remained  the  sole  obstacle  in  the  way, 
it  might  have  developed  into  an  immediate  menace. 
But  there  was  another  possible  obstacle:  What  would 
be  the  policy  of  the  United  States  of  America? 

This  was  the  situation  when  congress  gathered  to 
hear  the  annual  message  of  the  president  of  the  United 
States  on  December  2,  1823.     After  that  message  was 


144 A  HISTORY  OF  TEXAS 

read,  however,  there  was  no  longer  any  doubt  about  the 
attitude  of  the  United  States.  President  Monroe  an- 
nounced the  American  policy  in  no  uncertain  terms,  and 
in  a  few  well-chosen  sentences  put  an  end  to  all  danger 
of  intervention  by  the  allied  powers  in  the  Spanish  colo- 
nies in  America.  "The  late  events  in  Spain,"  he  said, 
referring  to  the  French  invasion,  "show  that  Europe  is 
still  unsettled.  Of  this  important  fact  no  stronger 
proof  can  be  adduced  than  that  the  allied  powers  should 
have  thought  it  proper,  on  any  principle  satisfactory  to 
themselves,  to  have  interposed  by  force  in  the  internal 
concerns  of  Spain.  To  what  extent  such  interposition 
may  be  carried,  on  the  same  principle,  is  a  question  in 
which  all  independent  powers  whose  governments  differ 
from  theirs  are  interested,  even  those  most  remote,  and 
surely  none  more  so  than  the  United  States.  ...  It  is 
impossible  that  the  allied  powers  should  extend  their  po- 
litical system  to  any  portion  of  either  continent  (North 
or  South  America)  without  endangering  our  peace  and 
happiness ;  nor  can  anyone  believe  our  southern  breth- 
ren, if  left  to  themselves,  would  adopt  it  of  their  own 
accord.  It  is  equally  impossible,  therefore,  that  we 
should  behold  such  interposition  in  any  form  with  in- 
difference." 

"We  owe  it,  therefore,  to  candor  and  to  the  amicable 
relations  existing  between  the  United  States  and  those 
powers,"  said  President  Monroe,  "to  declare  that  we 
should  consider  any  attempt  on  their  part  to  extend  their 
system  to  any  portion  of  this  hemisphere  as  dangerous 
to  our  peace  and  safety.  With  the  existing  colonies  or 
dependencies  of  any  European  power  we  have  not  inter- 
fered and  shall  not  interfere.  But,  with  the  governments 


JAMES  MONROE. 


FIRST  CONTRACT  COMPLETED  145 

who  have  declared  their  independence  and  maintained 
it,  and  whose  independence  we  have,  on  great  considera- 
tion and  on  just  principles,  acknowledged,  we  could  not 
view  any  interposition  for  the  purpose  of  oppressing 
them,  or  controlling  in  any  manner  their  destiny,  by  any 
European  power  in  any  other  light  than  as  the  mani- 
festation of  an  unfriendly  disposition  toward  the  United 
States.55 

It  was  the  announcement  of  the  Monroe  Doctrine  to 
the  world!  What  it  meant  with  respect  to  Mexico  and 
to  Texas  was  simply  that  if  Spain  could  reconquer  them 
the  United  States  would  remain  neutral.  But,  if  any 
other  powers  joined  in  such  a  project,  the  United  States 
would  resist  it  with  armed  force.  "If  we  look  to  the 
comparative  strength  and  resources  of  Spain  and  those 
new  governments,55  said  Monroe,  "and  their  distance 
from  each  other,  it  must  be  obvious  that  she  can  never 
subdue  them.  It  is  still  the  true  policy  of  the  United 
States  to  leave  the  parties  to  themselves,  in  the  hope  that 
other  powers  will  pursue  the  same  course.55 

This  pronouncement  was  well  timed.  It  settled,  once 
and  for  all,  the  independent  destiny  of  the  Western 
Hemisphere,  and  incidentally  the  destiny  of  Texas. 
The  Mexican  people,  along  with  the  people  of  the  other 
Latin- American  countries,  were  thus  left  to  work  out 
their  salvation  free  from  the  interference  of  the  abso- 
lutist powers  of  the  Old  World. 

As  the  destiny  of  the  Anglo-American  population  he 
was  introducing  into  Texas  was  linked  up  with  the  des- 
tiny of  the  country  as  a  whole,  Austin  took  a  keen  in- 
terest in  the  course  of  events  in  Mexico,  and  exercised 
no  small  influence  in  shaping  them.     During  his  stay 


146  A  HISTORY  OF  TEXAS 

in  Mexico  City  in  1822  and  1823  he  formed  intimate 
relationships  with  many  of  the  Mexican  leaders,  es- 
pecially those  of  the  federal  wing  of  the  republicans. 
Indeed,  inasmuch  as  he  had  become  a  Mexican  citizen, 
it  may  be  said  that  he  attached  himself  to  that  faction. 
After  the  fall  of  Iturbide,  the  Mexican  congress  called 
an  election  for  a  new  "constituent  congress,"  to  repre- 
sent the  assembled  will  of  the  people  and  to  draw  up  a 
constitution.  The  condition  of  the  country  was  becom- 
ing chaotic,  with  no  certainty  as  to  the  future,  and  Aus- 
tin conferred  with  the  federalist  leaders  on  ways  and 
means  of  bringing  order  out  of  chaos. 

"The  nation  was  distracted  by  factions,"  says  Austin, 
"and  on  the  eve  of  falling  into  a  general  state  of  an- 
archy. There  was  a  monarchial  party,  embracing  a 
majority  of  the  capital  and  wealth  of  the  nation,  but  it 
was  divided  into  two  parties,  Bourbonites  and  Iturbid- 
ites,  the  former  wishing  to  have  an  emperor  from  Spain, 
and  the  latter  in  favor  of  Iturbide,  who  had  recently 
been  dethroned.  The  Monarchists  were  also  divided 
into  absolute  and  limited — the  former  were  small  and 
quiet,  apparently  acting  with  the  others. 

"There  were  two  grand  parties  of  republicans,  the 
Centralists  and  Federalists;  the  former  included  the 
most  wealthy,  the  latter  were  the  most  numerous.  The 
lower  classes  of  the  people,  the  rabble,  who  outnum- 
bered any  of  the  others,  belonged  to  no  party  and  to  any 
and  all  parties  as  accident  or  individual  influence  gave 
them  direction. 

"After  the  fall  of  Iturbide,  in  March,  1823,  congress 
jeopardized  all  by  not  promptly  declaring  what  system 
should  be  adopted.     The  reason  of  the  delay  was,  they 


FIRST  CONTRACT  COMPLETED 147 

preferred  calling  a  new  congress  to  decide  that  great 
question;  but  in  the  interval  the  public  mind  was  left 
in  a  state  of  dangerous  fermentation,  and  so  early  as 
April  and  May  some  of  the  provinces  indicated  a  dis- 
position to  take  their  own  course  and  set  up  for  them- 
selves without  waiting  for  the  decision  of  the  nation. 
The  public  mind  was  distracted  and  the  ferment  daily 
increasing;  there  was  no  focus,  no  rallying-point  for 
public  opinion  to  center  on." 

This  was  the  condition  of  affairs  when  Austin  was 
journeying  back  to  Texas  from  Mexico  City.  When  he 
arrived  at  Monterey  he  found  Ramos  Arispe,  one  of  the 
federalist  leaders  there,  and  he  discussed  with  him  the 
general  outlook.  Austin  was  anxious  that  the  new  gov- 
ernment should  not  only  be  republican  in  character,  but 
federal  in  organization,  and  that  provision  should  be 
made  for  Texas  to  become  a  state  whenever  it  possessed 
sufficient  population.  Moreover,  he  desired  also  that 
the  province  should  escape  being  a  territory,  in  the 
American  sense  of  that  term,  in  the  meantime,  but  that 
it  should  form  an  integral  part  of  one  of  the  states  of 
the  federation  from  the  start.  The  importance  of  this 
lay  not  only  in  the  fact  that  a  maximum  of  local  self- 
government  would  be  insured  in  this  way,  but  that  the 
disposition  of  the  public  lands  and  the  general  coloniza- 
tion of  Texas  would  thus  be  removed  from  the  hands  of 
the  central  government  and  out  of  the  realm  of  national 
politics. 

With  a  view  to  obtaining  these  ends,  Austin  made  a 
condensation  of  the  principles  of  the  constitution  of 
the  United  States,  putting  them  in  the  form  of  a  "plan," 
as  the  Mexicans  called  it,  and  submitted  it  to  Arispe. 


148 A  HISTORY  OF  TEXAS 

Arispe  was  much  impressed  by  it — had  it  printed  and 
circulated  among  the  federal  leaders,  and  thus  a  com- 
mon platform  was  found  for  the  Federalist  party. 
Austin  himself  very  modestly  observes:  "I  believe  this 
plan  had  much  influence  in  giving  unity  of  intention 
and  direction  to  the  Federal  party.  Arispe  was  the 
chairman  of  the  committee  who  drew  up  the  Acta  Con- 
stitutiva  (the  provisional  constitution),  and  a  compari- 
son of  that  act  with  this  plan  will  show  a  very  strik- 
ing similarity." 

The  new  constituent  congress  met  November  7,  1823. 
Its  membership  was  overwhelmingly  republican.  The 
point  of  division  among  the  members  was  whether  the 
government  should  be  federal,  with  the  various  prov- 
inces erected  into  states,  or  centralized,  with  provincial 
governments  under  the  jurisdiction  of  the  national  gov- 
ernment. There  was  much  debate  on  this  question,  but 
many  of  the  provinces  had  petitioned  for  a  federal  gov- 
ernment and  a  majority  of  the  members  of  the  con- 
gress were  federalists.  Moreover,  the  previous  con- 
gress had  passed  a  resolution  on  June  19,  directing  the 
supreme  executive  power  to  inform  the  people  that  the 
then  existing  body  favored  the  federal  republican  sys- 
tem. So  the  federalist  view  prevailed  and,  on  January 
31,  1824,  congress  passed  the  Acta  Constitutiva  de  la 
Federacion  Mexicana,  or  act  of  confederation,  by  which 
the  federal  system  was  formally  adopted  and  the  basis 
and  outlines  of  the  government  established.  In  ac- 
cordance with  this  act,  the  territory  formerly  consti- 
tuting the  provinces  of  Coahuila,  Nuevo  Leon  and  Texas 
were  to  be  erected  into  a  state.  The  congress  then  pro- 
ceeded to  carry  out  the  intent  of  this  act  by  adopting  the 


FIRST  CONTRACT  COMPLETED 149 

permanent  constitution,  section  by  section.  In  due 
course  it  reached  the  section  providing  the  various  states, 
and,  on  May  7,  1824,  it  passed  the  constitutional  or  or- 
ganic act  relating  to  Texas.  Nuevo  Leon  was  trans- 
ferred to  another  state,  and  the  two  remaining  provinces 
were  erected  into  the  "State  of  Coahuila  and  Texas." 
It  was  provided  that  Texas  should  be  made  a  separate 
state  as  soon  as  it  "possessed  the  necessary  elements." 
The  federal  constitution  was  not  finally  completed  and 
promulgated  until  October  4,  1824. 

During  all  this  period  Austin  was  laboring  valiantly 
to  put  his  colony  in  order  and  to  complete  the  quota  of 
his  colonists.  Texas  had  been  given  a  very  bad  reputa- 
tion in  the  United  States  during  his  absence  in  Mexico 
City,  and  it  was  no  small  task  to  get  immigration  started 
again.  Moreover,  the  general  chaos  existing  in  the 
affairs  of  the  country,  and  the  uncertainty  of  the  outlook 
with  respect  to  the  government,  did  not  help  in  curing 
this  situation  nor  in  reassuring  the  colonists  already  in 
Texas.  The  entire  absence  of  any  written  laws  for  the 
government  of  the  colony  was  also  a  source  of  annoy- 
ance, and  Austin,  exercising  the  extraordinary  powers 
bestowed  upon  him,  set  to  work  to  draw  up  a  sort  of  civil 
and  criminal  code  to  supply  this  lack.  When  he  re- 
ceived the  news  of  the  action  of  congress  on  January  31, 
in  passing  the  Acta  Constitutiva,  Austin  lost  no  time  in 
making  this  the  occasion  for  issuing  a  message  to  his 
people  calculated  to  restore  confidence. 

This  message,  one  of  the  earliest  public  documents 
of  Anglo-American  Texas,  gives  an  insight  into  the 
manner  in  which  Austin  dealt  with  the  colonists  and 
illustrates  the  position  he  continued  to  occupy  for  sev- 


150 A  HISTORY  OF  TEXAS     ^^ 

eral  years  afterwards.  He  was  the  intermediary  be- 
tween the  Mexican  government  and  the  Anglo-Amer- 
icans. He  was  held  responsible  for  the  colonists  by  the 
government,  and  he  was  the  only  source  of  information 
with  respect  to  governmental  affairs  to  which  the  colo- 
nists could  look.  This  delicate  position  required  that  he 
should  retain  the  confidence  both  of  the  Mexicans  and 
the  Americans,  and  the  diverse  character  of  the  respec- 
tive races  and  the  peculiar  characteristics  of  each,  made 
this  a  very  difficult  job  at  times.  It  was  with  genuine 
enthusiasm,  therefore,  that  he  seized  the  opportunity 
to  announce  to  the  "North  American  republicans"  under 
his  care  that  the  government  of  the  country  was  to  be 
similar  to  that  of  the  United  States.  Austin's  message 
on  this  ocasion  was  as  follows: 

"Fellow  Citizens:  With  the  most  heartfelt  and  sin- 
cere congratulations,  I  now  have  the  pleasure  of  an- 
nouncing to  you  officially  the  form  of  government 
which  the  Mexican  congress  has  adopted,  and  which 
you  are  now  called  on  to  swear  to;  and  this  I  do  with 
the  more  satisfaction,  as  I  am  convinced  that  there  is 
not  a  breast  among  you  that  will  not  palpitate  with 
exultation  and  delight  at  the  prospects  of  freedom,  hap- 
piness and  prosperity  which  the  federal  republican  sys- 
tem of  government  presents  to  your  view. 

"Words  cannot  express  to  you  the  satisfaction  I  feel 
from  the  reflection  that  those  whose  fortunes  I  shall  be 
instrumental  in  promoting  in  this  country  can  now  enjoy 
them  without  the  alloy  which  the  fear  of  a  despotic 
government  would  have  thrown  into  their  future  hopes. 
The  great  Mexican  nation  is  free.  Rational  liberty,  with 
all  its  concomitant  blessings,  has  opened  to  the  view  of 


FIRST  CONTRACT  COMPLETED  151 

the  world  a  nation  which  despotism  had  hitherto  envel- 
oped in  intellectual  night.  The  federal  republican 
system,  that  last  and  glorious  hope  of  persecuted  free- 
dom, first  established  by  the  great  fathers  of  North 
American  independence  on  the  ruins  of  British  colonial 
oppression,  and  which  soon  raised  a  new-born  nation  to 
a  degree  of  prosperity  and  happiness  unequaled  in  the 
history  of  the  world,  now  spreads  its  fostering  arms  over 
the  vast  dominions  of  Mexico. 

aThe  hitherto  enslaved  Spanish  provinces  are  now 
free  and  independent  states.  This  province  forms  a 
state  in  conjunction  with  Coahuila  and  Nuevo  Leon,  the 
two  adjoining  ones.  The  convention  is  to  meet  at  the 
city  of  Monterey  early  in  the  summer  to  form  a  consti- 
tution. One  year  more  will  see  the  government  com- 
pletely organized,  with  the  several  departments  of 
executive,  legislative  and  judicial  divided  and  clearly 
delineated,  and  the  civil  and  military  powers  forever 
separated  as  in  the  government  of  the  United  States. 

"In  the  meantime,  fellow  citizens,  we  have  nothing 
to  disturb  our  tranquillity  here  unless  we  wilfully  create 
confusion  and  discontent  among  ourselves.  As  regards 
your  lands,  I  am  responsible  to  you,  to  the  world,  to  my 
honor,  and  to  my  God  that  no  difficulty  or  embarrass- 
ment can  or  ever  will  arise  unless  produced  by  your  own 
impatience  or  imprudence.  The  task  I  have  had  before 
me  has  been  a  laborious  and  perplexing  one.  I  have, 
however,  never  shrunk  from  the  hardships,  exposure,  or 
the  responsibilities  which  it  imposed  upon  me,  nor  ever 
shall.  I  have  endeavored  to  make  the  fortunes  of  every 
one  who  joined  me  in  forming  this  colony,  and  the 


152 A  HISTORY  OF  TEXAS 

greatest  consolation  I  derive  from  the  enterprise  is  the 
conviction  that  I  shall  do  so. 

"It  has  been  my  study  to  treat  all  with  equal  justice 
and  impartiality,  and  if  I  have  failed  to  do  so,  it  must 
be  attributed  to  the  imperfections  of  my  judgment,  and 
not  those  of  my  heart,  and,  with  almost  unlimited  au- 
thority in  my  hands,  I  think  you  must  say  that  I  have 
governed  with  mildness.  It  is  our  true  interest  to  keep 
peace  with  the  Indians  as  long  as  we  can  do  so  con- 
sistent with  our  rights;  but  should  a  war  be  unavoidable, 
you  will  not  find  me  backward  in  prosecuting  it.  I 
trust,  however,  that  you  will  all  have  too  much  pru- 
dence to  commit  any  act  that  would  prematurely  bring 
on  hostilities. 

"I  hope,  fellow  citizens,  you  will  attend  to  the  words 
of  the  political  chief  of  this  province,  and  in  future  dis- 
regard those  vague  rumors  that  are  only  put  in  circula- 
tion by  the  enemies  of  good  order  for  the  sole  purpose 
of  creating  confusion  and  discontent,  and  that  you  will 
repose  with  confidence  under  the  authority  that  governs, 
being  assured  that  the  government  will  always  cherish 
and  protect  you,  and  that  everything  in  my  feeble  power 
to  do  for  your  benefit  will  be  cheerfully  done,  for,  as  I 
before  observed,  the  greatest  consolation  I  ever  expect 
to  derive  from  my  labors  in  the  wilderness  of  this  prov- 
ince will  arise  from  the  conviction  that  I  have  benefited 
many  of  my  fellow  beings  and  laid  the  foundation  for 
the  settlement  of  one  of  the  finest  countries  in  the 
world.  "Your  fellow  citizen, 

"Stephen  F.  Austin." 

Austin's  declaration  that  "we  have  nothing  to  dis- 
turb our  tranquillity  here  unless  we  wilfully  create 


FIRST  CONTRACT  COMPLETED  153 

confusion  and  discontent  among  ourselves,"  was  not  a 
mere  abstract  generalization.  "Confusion  and  discon- 
tent" were,  in  fact,  being  created  through  the  unwilling- 
ness of  some  of  the  colonists  to  abide  by  the  contract  to 
pay  Austin  for  their  land  at  the  rate  of  twelve  and  a 
half  cents  an  acre,  with  the  understanding  that  he  should 
pay  all  the  fees  and  other  expenses.  The  original  agree- 
ments, based  on  Moses  Austin's  contract,  had  been  for 
six  hundred  and  forty  acres  to  the  head  of  a  family. 
But  the  grant  which  Stephen  Austin  had  obtained  at 
Mexico  City,  under  the  provisions  of  the  colonization 
law,  allotted  a  sitio  or  league  of  land — four  thousand, 
four  hundred  and  twenty-eight  acres — to  a  family  en- 
gaging in  stock-raising,  and  a  labor,  or  one  hundred  and 
seventy-seven  acres,  to  a  family  engaging  in  farming. 
As  most  families  would  engage  in  both,  they  would  be 
entitled  to  at  least  a  league  of  land.  An  agreement  to 
pay  twelve  and  a  half  cents  an  acre  for  six  hundred  and 
forty  acres  was  regarded  by  some  as  a  very  different 
thing  from  paying  that  rate  for  four  thousand  four  hun- 
dred and  twenty-eight  acres,  or  nearly  seven  times  as 
much.  That  it  was  solely  through  Austin's  efforts  that 
these  liberal  grants  of  land  were  obtained,  made  little 
difference  with  the  discontented  among  the  settlers. 
They  simply  added  up  the  total  amount  of  land  that 
might  be  issued  to  three  hundred  families  and  figured 
that  at  twelve  and  a  half  cents  an  acre,  Austin  would 
receive  at  least  $166,000.  How  much  of  this  would 
have  to  be  paid  in  fees  and  other  expenses  they  did  not 
know,  but  they  felt  that  Austin  was  "speculating"  on 
them,  and  the  circumstance  that  they  were  receiving  an 
immense  area  of  land  for  almost  a  nominal  price  was 


154 A  HISTORY  OF  TEXAS 

lost  sight  of  entirely.  There  was  much  murmuring  and 
some  outspoken  criticism  of  Austin,  but  Austin  insisted 
that  he  was  entitled  to  compensation  for  his  labors  and 
should  be  reimbursed  for  the  money  spent  during  the 
previous  three  years  by  his  father  and  himself,  de- 
claring that  most  of  the  money  he  would  receive  would 
be  devoted  to  the  good  of  the  colony.  He  had  under- 
gone great  hardships  and  his  father  had  sacrificed  his 
life  in  furthering  the  colonization  enterprise.  The  set- 
tlers would  not  now  have  the  opportunity  to  obtain  land 
on  such  liberal  terms  had  it  not  been  for  his  efforts  and 
those  of  his  father.  Such  land  at  twelve  and  a  half  cents 
an  acre  was  extremely  cheap  and  insured  the  fortunes 
of  those  buying  it,  he  contended. 

Many  of  the  colonists,  probably  most  of  them,  ac- 
knowledged both  the  validity  of  the  contract  made  with 
Austin  and  the  liberality  of  the  terms,  and  if  there  had 
been  no  interference  from  the  government  it  is  probable 
that  the  discontent  would  have  been  allayed  in  time. 
But  rumors  of  the  murmuring  in  the  colony  reached  San 
Antonio,  and  the  political  chief  of  Texas,  Antonio  Sau- 
cedo,  promulgated  a  schedule  of  fees,  which  made  no 
provision  whatever  for  Austin's  contracts  with  the  colo- 
nists. The  total  of  fees  of  all  kinds  for  a  league  of  land 
thus  fixed  was  $192.50,  whereas  at  twelve  and  a  half 
cents  an  acre  a  league  would  cost  the  settler  $555.00. 
Austin  challenged  the  right  of  the  governor  to  annul 
his  contracts  in  this  way,  and  many  of  the  colonists 
agreed  to  pay  his  fee.  But  it  was  clear  that  many  would 
not  pay,  and  Austin  took  the  position  that  if  some  did 
not  pay  he  would  not  accept  the  fee  from  others.  To 
attempt  to  enforce  his  contracts  against  those  who  re- 


FIRST  CONTRACT  COMPLETED  155 

fused  to  pay,  which  he  had  both  the  power  and  right 
to  do,  would  create  the  very  "confusion  and  discontent" 
which  he  feared  as  the  only  danger  to  the  colony. 
Finally,  Bastrop  agreed  to  allow  Austin  one-third  of  the 
commissioner's  fees,  which  amounted  to  $127.50,  ac- 
cording to  the  schedule  of  the  political  chief,  thus  mak- 
ing Austin's  share  a  little  less  than  forty-two  dollars  a 
league.  Thus  these  two  men,  for  the  sake  of  harmony, 
made  mutual  sacrifice  of  their  rights.  It  is  significant 
in  this  connection  that,  in  subsequent  legislation  on  colo- 
nization by  the  Mexican  congress,  specific  provision  was 
made,  recognizing  the  validity  of  such  private  con- 
tracts between  empresarios  and  colonists  as  those  which 
existed  between  Austin  and  his  original  "three  hun- 
dred." Those  original  colonists,  however,  received  their 
lands,  with  clear  titles  and  exact  surveys,  at  a  total  cost 
of  less  than  five  cents  an  acre! 

In  addition  to  this,  the  colonists,  under  the  terms  of 
Austin's  grant,  were  exempt  from  all  taxes  for  six  years, 
all  tools  could  be  imported  free  of  duty,  and  each 
family  could  introduce  merchandise  into  the  country 
for  its  own  use  to  the  value  of  two  thousand  dollars. 
That  Austin  could  have  obtained  other  families  to  take 
the  places  of  those  who  were  unwilling  to  pay  the  price 
they  had  agreed  to  pay,  is  proved  easily  by  the  fact 
that  many  families  came  in  during  1824,  while  this 
controversy  was  at  its  height,  who  were  more  than 
willing  to  accept  Austin's  terms.  But,  for  the  sake  of 
harmony,  and  in  the  interest  of  the  ultimate  success 
of  the  colony,  Austin  abandoned  the  attempt  to  collect 
what  was  justly  and  legally  due  him.  He  did  more 
than  that — he  worked  day  and  night  in  the  interest  of 


156 A  HISTORY  OF  TEXAS 

the  colony,  performing  all  kinds  of  necessary  tasks, 
which  he  could  have  refused  to  do  without  violating 
his  contract  with  the  settlers  or  the  terms  of  his  grant 
from  the  government,  but  which  otherwise  would  have 
gone  undone.  He  was  the  governmental  head  of  the 
colony  for  several  years,  the  chief  administrator  of 
justice  and  the  general  representative  of  the  Anglo- 
Americans  in  their  dealings  with  the  government — and 
for  none  of  this  did  he  receive  pay. 

"It  would  be  impossible,"  says  Dr.  Eugene  C.  Barker, 
"to  exaggerate  Austin's  labors  in  the  early  years  of  the 
colony.  A  letter  to  the  political  chief  in  1826  gives  a 
clue  to  their  character  and  variety.  He  had  left  San 
Felipe  on  April  4,  to  point  out  some  land  recently  con- 
ceded to  one  of  the  state  officials,  and  had  been  detained 
by  excessive  rains  and  swollen  streams  until  the  29th. 
On  May  1  he  had  begun  the  trial  of  an  important  case 
that  had  lasted  seven  days ;  at  the  same  time  he  had 
had  to  entertain  a  delegation  of  the  Tonkawa  Indians, 
and  make  preparations  for  a  campaign  against  another 
tribe;  to  talk  to  and  answer  the  questions  of  many  'for- 
eigners' who  had  come  to  look  at  the  country,  explaining 
and  translating  the  federal  constitution  and  some  of  the 
laws  for  them;  to  receive  and  pass  upon  applications 
for  land,  hear  reports  and  issue  instructions  to  survey- 
ors; and  to  correspond  with  superior  civil  and  military 
officers.  This,  the  8th,  his  first  free  day  since  returning, 
was  mail  day,  and  he  had  received  two  communications 
and  dispatched  five.  Too  much  of  his  time,  he  once 
complained,  was  consumed  in  settling  'neighborhood 
disputes  about  cows  and  calves/  but  it  was  the  patience 


FIRST  CONTRACT  COMPLETED 157 

with  which  he  devoted  himself  to  the  minutiae  of  the 
colony,  as  well  as  his  intelligence  and  ability  in  more 
important  things,  that  accounts  for  his  success." 

Austin's  powers  with  respect  to  the  amount  of  land 
to  be  granted  to  any  settler  were  very  broad,  inasmuch 
as  he  was  permitted  to  increase  the  allotment  for  special 
reasons,  such  as  in  consideration  of  the  building  of  a 
grist  mill,  or  of  possession  of  some  special  skill,  or  of 
bringing  useful  slaves  into  the  colony  to  cultivate  the 
land.  It  is  clear  today  that  he  exercised  these  dis- 
cretionary powers  with  remarkable  reserve  and  purely 
in  the  interest  of  the  colony  itself.  But  even  this  was 
made  a  cause  of  complaint  among  some  of  the  colonists, 
who  charged  him  with  unfair  discriminations.  Indeed, 
when  he  advanced  to  a  few  desirable  settlers  the  money 
to  pay  the  fees  in  order  to  obtain  their  titles,  he  was 
criticized  even  for  that.  That  he  acted  solely  to  insure 
rapid  settlement  and  upbuilding  of  the  colony,  and  not 
merely  in  his  own  interest,  was  overlooked  by  these  crit- 
ics, who  saw  in  such  action  only  "discrimination." 

"My  ambition,"  he  wrote  later,  referring  to  his 
labors  about  this  time,  "has  been  to  succeed  in  redeem- 
ing Texas  from  its  wilderness  state  by  means  of  the 
plough  alone,  in  spreading  over  it  North  American 
population,  enterprise  and  intelligence.  In  doing  this 
I  hoped  to  make  the  fortunes  of  thousands  and  my  own 
amongst  the  rest.  ...  I  think  I  derived  more  satis- 
faction from  the  view  of  flourishing  farms  springing 
up  in  this  wilderness  than  military  or  political  chieftains 
do  from  the  retrospect  of  their  victorious  campaigns. 
My  object  is  to  build  up  for  the  present  as  well  as  for 


158 A  HISTORY  OF  TEXAS 

future  generations.  ...  I  deemed  the  object  laudable 
and  honorable,  and  worthy  the  attention  of  honorable 
men." 

Dr.  Barker  has  said  that  "considering  the  difficulties 
of  his  task,  the  completeness  of  his  responsibility  for 
its  accomplishment,  and  its  far-reaching  results,  Stephen 
F.  Austin  has  claims  to  being  the  greatest  colonial  pro- 
prietor in  American  history."  Without  becoming  bom- 
bastic, or  indulging  in  exaggerated  superlative,  it  may  be 
added  that  he  was  one  of  the  greatest  empire-builderS  in 
modern  history.  For,  with  a  full  consciousness  of  the 
real  character  of  the  work  he  was  doing,  with  deliberate 
purpose  to  lay  the  foundations  of  civilization  in  the 
Texas  wilderness,  and  with  extraordinary  foresight  with 
respect  to  the  future  effect  of  present  acts,  he  worked 
patiently  and  persistently  from  the  beginning,  overlook- 
ing no  detail,  however  trivial  it  may  have  seemed  to 
others,  which  he  regarded  as  of  importance  to  his  main 
purpose.  It  is  futile  to  indulge  in  speculation  as  to 
what  turn  history  might  have  taken  had  not  this  or  that 
circumstance  affected  its  course.  But  that  the  history 
of  the  region  now  constituting  the  State  of  Texas  would 
have  been  radically  different  had  not  Stephen  Austin 
undertaken  the  work  which  he  performed  with  such 
a  marked  degree  of  success,  there  can  be  not  the  slight- 
est doubt. 

No  aspect  of  Austin's  labors  during  this  early  period 
was  so  far-reaching  in  its  effect  upon  the  future  as  the 
care  he  exercised  in  admitting  colonists  and  the  high 
standard  he  set.  To  "redeem  Texas  from  its  wilder- 
ness state  by  means  of  the  plough  alone"  required  a 
certain  type  of  population,  and  he  sought  to  obtain  only 


FIRST  CONTRACT  COMPLETED  15? 

that  kind.     It  has  been  seen  that  the  very  first  require- 
ment he  laid  down  in  forming  the  nucleus  of  his  colony 
in  1821  had  this  end  in  view.     For  that  requirement 
was  that  "no  person  will  be  admitted  as  a  settler  who 
does  not  produce  satisfactory  evidence  of  having  sup- 
ported the  character  of  a  moral,  sober  and  industrious 
citizen."     In  setting  about  the  work  of  rehabilitating 
the  colony  after  his  return  from  Mexico,  he  laid  even 
greater  stress  upon  this  point.    On  October  30  he  issued, 
for   the   benefit    of   prospective    settlers,    a    statement 
headed:     "Terms  on  which  settlers  are  admitted  into 
the  colony  formed  by  Stephen  F.  Austin  in  the  Province 
of  Texas,"  and  in  this  he  declared  that  settlers  must 
give  "the  most  unequivocal  and  satisfactory  evidence 
of  unblemished  character,  good  morals,  sobriety  and 
industrious  habits,"  and  must  have  sufficient  means  to 
pay  for  their  lands  and  get  a  start  in  the  colony  as  farm- 
ers or  mechanics.     The  statement  specifically  provided 
that   "no   frontiersman  who  has  no  other  occupation 
than  that  of  a  hunter  will  be  received — no  drunkard, 
no  gambler,  no  profane  swearer,  no  idler."     Such  was 
the  standard  Austin  set  and  such  the  spirit  in  which 
he  began  the  work  of  establishing  the  colony  on  a 
permanent  basis.       That  he  meant  business  was  soon 
demonstrated  when  one  gentleman  who  did  not  measure 
up  to  these  qualifications  was  publicly  whipped  at  Aus- 
tin's command  for  entering  the  colony  without   the 
proper  credentials. 

Austin  fully  recognized,  however,  that  to  maintain 
order  and  to  insure  the  protection  of  property  and  per- 
son— the  fundamental  requisites  of  civilized  life — 
would  require  something  more  than  the  mere  exercise 


160 A  HISTORY  OF  TEXAS 

of  care  in  selecting  colonists.  It  would  require  just 
laws  and  open  courts,  and  he  set  about  providing  these 
soon  after  his  return  from  Mexico.  In  December, 
1822,  the  governor  of  the  province  had  divided  the 
colony  into  two  districts  and  installed  one  alcalde  on 
the  Brazos  and  another  on  the  Colorado.  These  two 
officials  had  operated  under  great  difficulties,  being 
without  any  established  procedure  to  guide  them  and 
entirely  ignorant  of  the  laws  of  the  country.  They 
administered  justice  according  to  the  dictates  of  com- 
mon sense,  but  they  knew  nothing  of  the  limits  of  their 
authority  and  much  uncertainty  and  confusion  were 
occasioned  in  this  way.  That  a  community  of  "North 
American  republicans/5  as  Austin  very  aptly  described 
the  settlers,  could  not  be  governed  successfully  very  long 
in  this  fashion  was  clearly  recognized  by  him,  and  it 
was  to  meet  this  situation  that  he  set  about  the  task  of 
drawing  up  a  sort  of  civil  and  criminal  code  for  the 
government  of  the  colony.  There  was  greater  need  of 
the  civil  code,  for  the  infractions  of  criminal  law  in 
such  a  settlement  were  not  likely  to  be  of  a  very 
involved  character.  Frontier  justice  has  seldom  been 
timid  in  dealing  with  theft,  murder  and  such  elemental 
crimes.  But  questions  involving  property  rights,  the 
payment  of  debts,  the  fulfilling  of  obligations  of  various 
kinds — in  short,  the  numberless  questions  related  to  the 
general  subject  of  the  security  of  property — were  likely 
to  be  as  involved  and  troublesome  on  the  frontier  as 
elsewhere.  Proper  legal  forms  and  procedure  and 
definite  legal  provisions  were  absolutely  essential  if  a 
civilized  community  was  to  be  established,  and  the 
alcaldes  were  without  anything  of  the  kind. 


\      NAVARRO 
% 


SHADED  PORTION  SHOWS  REGION  OF   FIRST  COLONY, 
INDICATING  PRESENT  COUNTIES. 


FIRST  CONTRACT  COMPLETED 161 

The  entire  governmental  authority  in  the  colony  at 
this  time  was  vested  in  Austin  himself,  subject  only 
to  the  approval  of  the  superior  government,  and  if  it 
was  to  have  laws  and  standards  of  procedure  he  would 
have  to  provide  them.     Circumstances,  therefore,  com- 
pelled Austin  to  assume  the  role  of  paternal  law-giver  5 
to  become  the  Moses  of  these  sojourners  in  the  wilder- 
ness.    As  in  other  things,  he  rose  fully  to  the  occasion, 
drew  up  both  a  civil  and  a  criminal  code  and,  after 
obtaining  the  official  sanction  of  the  political  chief  of 
the  province,  boldly  promulgated  them  as  the  law  of 
the  colony.     Austin  had  served  as  a  circuit  judge  in 
the  Territory  of  Arkansas,  and  had  read  law  sufficiently 
to  equip  him  to  be  the  law-giver  of  his  people.     His 
own  position  in  the  judicial  system  of  Mexico  was  that 
of  "judge  of  the  colony,"  which  made  him  the  final 
arbiter  of  justice  for  the  settlers  short  of  an  appeal  to 
the  Mexican  government  itself,  and  even  if  he  had 
been  provided  with  a  complete  system  of  laws  by  the 
authorities  over  him,  it  would  have  been  his  task  to 
interpret  those  laws,  and  to  acquaint  his  settlers  with 
their  provisions.    With  nothing  to  guide  him,  and  with 
powers  of  undefined  limits,  he  had  no  choice  but  to 
hand  down  the  laws  in  very  much  the  same  manner  as 
a  benevolent  despot  might  perform  a  like  duty. 

In  the  case  of  the  civil  code  he  declared  modestly 
that  he  "thought  proper  ...  to  form  provisionally, 
and  until  the  supreme  government  directs  otherwise, 
the  following  regulations."  In  the  case  of  the  criminal 
code  he  boldly  "decreed"  its  provisions.  Addressing 
this  decree  "to  all  persons,"  he  set  forth  the  authority 
and  occasion  for  it  in  the  following  language: 


162         A  HISTORY  OF  TEXAS 

"Charged  by  the  superior  government  of  the  Mexi- 
can nation  with  the  government  of  this  colony  until 
its  organization  is  completed,  and  observing  that  the 
public  peace  and  safety  of  the  settlers  is  jeopardized 
by  the  pilfering  depredations  of  strolling  parties  of 
Indians  and  robbers,  and  also  that  the  good  of  the 
colony  is  endangered  by  the  introduction  and  transit  of 
men  of  bad  character,  and  its  good  morals  scandalized 
by  their  irregular  conduct,  I  have  thought  proper,  in 
order  more  effectually  to  insure  good  government,  se- 
curity and  tranquillity,  to  decree  as  follows.'5 

This  "decree,"  which  was  promulgated  on  January 
22,  1824,  was  formally  approved  by  the  political  chief 
of  Texas  on  May  24.  On  the  same  date  he  approved 
the  civil  "regulations,"  adding  two  articles  himself  rel- 
ative to  stray  cattle  and  to  cattle  brands.  The  full  text 
of  both  these  documents,  constituting  the  first  civil  and 
criminal  codes  of  Anglo-American  Texas,  is  given  in 
the  appendix  of  this  volume. 

Meantime  Austin  was  establishing  the  town  of  San 
Felipe  de  Austin  as  the  capital  and  commercial  center 
of  the  colony,  and  he  divided  the  district  of  the  Brazos 
into  two  districts,  forming  the  new  district  of  San 
Felipe  with  a  separate  alcalde.  In  the  autumn  of  1824, 
when  the  authorities  consented  to  the  extension  of  the 
limits  of  the  colony  to  include  some  settlers  who  had 
established  themselves  on  the  San  Jacinto,  the  alcalde's 
district  which  had  previously  been  created  there  became 
a  fourth  district  under  Austin's  jurisdiction.  Thus, 
within  a  year  after  his  return  to  Texas  from  Mexico 
City,  the  full  machinery  of  Austin's  paternal  govern- 
ment was  in  operation.    Law  and  order  were  established, 


FIRST  CONTRACT  COMPLETED 165 

with  regular  forms  of  procedure  and  a  uniform  stand- 
ard of  practice,  throughout  the  new  settlements,  and 
both  property  and  person  were  quite  as  secure  under 
the  law  as  in  many  of  the  communities  of  the  United 
States. 

Early  in  October,  1823,  two  months  after  Austin's 
return  to  the  colony,  the  work  of  allotting  land  to  the 
settlers  was  begun.  The  wisdom  and  foresight  of 
Austin  were  again  in  evidence  here,  for  he  insisted  upon 
having  the  most  precise  surveys  made,  in  order  that  no 
questions  could  be  raised  as  to  titles  in  the  future.  He 
employed  Horatio  Chriesman  as  surveyor  for  the  colony, 
and  the  survey  of  the  first  league  was  made  on  October 
10.  New  settlers  began  arriving  and  within  a  few 
months  the  quota  of  three  hundred  families  was  prac- 
tically completed.  The  surveying  progressed  so  rapidly 
that  by  July  the  issuance  of  titles  was  begun  by  Baron 
de  Bastrop.  The  record  of  these  titles  in  the  general 
land  office  at  Austin  provides  us  today  with  a  graphic 
outline  of  the  region  occupied  by  the  original  colonists. 
Most  of  the  titles  were  for  land  along  the  Brazos  and 
the  Colorado  rivers,  now  situated  in  the  counties  of 
Brazoria,  Fort  Bend,  Waller,  Matagorda,  Austin, 
Wharton,  Colorado,  Washington,  Grimes,  Fayette, 
Burleson  and  Brazos.  But  the  colonists  also  selected 
land  along  other  streams,  and  in  the  adjoining  territory. 
There  were  a  number  of  titles  for  land  now  situated 
in  Harris  county,  and  a  few  for  tracts  in  Jackson, 
Lavaca,  Chambers  and  Galveston  counties.  These 
seventeen  counties,  in  the  southeastern  section  of  the 
present  State  of  Texas,  constitute  the  region  in  which 


164 A  HISTORY  OF  TEXAS 

the  "old  three  hundred,"  as  Austin's  original  colonists 
came  to  be  known,  laid  the  foundations  of  Anglo- 
American  civilization. 

Austin  exercised  his  discretionary  power  to  increase 
the  amount  of  land  granted  to  several  colonists  for 
special  reasons.  A  number  of  those  who  endured  the 
hardships  of  the  period  of  Austin's  absence  in  Mexico 
City  were  rewarded  in  this  way.  James  Cummins, 
John  P.  Coles  and  William  Rabb  received  increases 
for  erecting  water-power  grist  mills.  Jared  E.  Groce 
received  ten  leagues  "on  account  of  the  property  he 
brought  with  him,"  which  included  a  number  of  slaves. 
As  empresario,  Austin  himself  was  given  title  to  large 
tracts  in  the  present  counties  of  Brazoria  and  Wharton. 

Baron  de  Bastrop  continued  to  issue  titles  during  the 
months  of  July  and  August,  but  on  August  24  he  was 
called  away  before  he  had  completed  his  work.  The 
record  shows  that  he  issued  two  hundred  and  seventy- 
two  titles  before  that  date.  The  rest  were  not  issued 
until  1827,  when  Gaspar  Flores  was  appointed  as  the 
old  baron's  successor.  The  actual  number  of  families 
receiving  titles  under  Austin's  first  contract,  including 
single  men  joined  together  as  families,  was  two  hun- 
dred and  ninety-seven.  The  list  of  the  "old  three 
hundred,"  together  with  the  date  of  the  issuance  of 
title,  the  present  county  in  which  the  land  is  situated, 
and  the  amount  of  land  received  by  each,  is  given 
complete  in  the  appendix  of  this  volume. 

Austin  had  promised  the  colonists,  in  advising  a 
policy  of  patience  with  the  Indians,  that  if  war  with 
them  proved  inevitable,  "you  will  not  find  me  back- 
ward in  prosecuting  it."     He  had  already  given  them 


FIRST  CONTRACT  COMPLETED 165 

some  demonstration  of  this,  for  shortly  after  his  return 
to  the  colony  he  had  compelled  the  chief  of  the  Ton- 
kawas  to  restore  a  number  of  horses  which  five  of  his 
Indians  had  stolen,  and  to  deliver  up  the  culprits  for 
punishment.  Each  of  these  five  Indians  was  condemned 
to  receive  fifty  lashes  and  to  have  one  side  of  his  head 
shaved,  branding  him  as  a  thief.  It  was  required  that 
the  chief  himself  should  administer  half  of  the  lashes 
to  each  Indian,  and  Abner  Kuykendall,  as  representa- 
tive of  the  colonists,  should  administer  the  other  half. 
The  sentence  was  carried  out  strictly,  except  that  one 
of  the  Indians  escaped  a  whipping  because  of  illness. 
It  is  said  that  the  chief's  performance  was  more  or  less 
perfunctory,  and  that  the  Indians  feigned  swooning 
under  his  light  blows.  But  when  Kuykendall  began 
to  lay  on  the  whip,  the  Indians  came  to  life  in  a  hurry 
and  let  out  such  yells  as  left  no  doubt  about  the  severity 
of  the  punishment. 

This  proved  a  very  effective  method  of  dealing  with 
the  thieving  Tonkawas,  but  the  Karankawas  required 
different  treatment.  The  depredations  of  these  Indians 
had  become  such  a  menace  to  the  security  of  the  colon- 
ists that  Austin  decided  to  lead  an  expedition  against 
them.  Accordingly,  in  July,  1824,  he  organized  a 
force  of  forty  or  fifty  men  and  left  San  Felipe  in 
search  of  the  Karankawas.  It  was  the  first  time  the 
colonists  had  so  definitely  taken  the  offensive,  and  it 
came  as  a  surprise  to  the  Indians.  The  memory  of 
the  slaughter  at  Scull  Creek  was  fresh  in  their  minds, 
and  they  had  no  relish  to  meet  such  a  formidable  force 
of  the  white  men.     In  consequence  Austin  scoured  the 


166  A  HISTORY  OF  TEXAS 

•i     i   '-'  ■"  '  iimiiMiti.ii    iriiiinn.ir-.nini-i.ii .,r.,.m.     .,.„  .  „„.„  ., i    n   ,r ■■inn        i      r 

country  in  the  region  in  which  they  had  been  most 
active  without  finding  a  single  Karankawa.  He  was 
determined  not  to  be  outwitted  by  the  Indians  in  this 
way,  however,  and  returned  to  camp  to  equip  a  force 
for  a  more  extended  expedition.  This  time  the  party 
was  augmented  by  a  company  of  thirty  slaves  belong- 
ing to  Col.  Jared  E.  Groce,  well  mounted  and  armed, 
and  commanded  by  Colonel  Groce  in  person.  The 
expedition  mustered  about  ninety  men  when  it  started 
out  again.  It  was  well  equipped  for  an  extended  cam- 
paign, for  Austin  had  determined  to  have  a  final 
reckoning  with  the  Karankawas.  But  still  the  Karan- 
kawas  were  nowhere  in  sight,  and  it  was  plain  that 
they  were  in  hiding.  It  was  finally  guessed  that  they 
had  gone  to  the  San  Antonio  river,  in  the  neighborhood 
of  La  Bahia,  where  they  were  nominally  under  the 
jurisdiction  of  the  padre,  and  Austin  and  his  party  set 
out  for  that  region. 

As  the  settlers  approached  La  Bahia,  however,  a 
delegation  consisting  of  the  Mexican  civil  and  ecclesi- 
astical authorities  of  that  place,  came  out  to  meet  them. 
It  was  soon  made  clear  that  the  Mexicans  had  come  to 
intercede  in  behalf  of  the  Karankawas.  The  Indians 
were  thoroughly  frightened,  it  seemed,  and  would 
promise  to  behave  themselves  in  the  future.  The 
Mexicans  informed  Austin  that  the  Karankawas  would 
agree  not  to  pass  east  of  the  San  Antonio  river  in  the 
future  if  the  settlers  and  Austin  agreed  not  to  make 
war  on  these  Indians  as  long  as  they  kept  that  promise. 
Thus  was  comparative  security  against  these  Indians 
established.    The  promise  was  kept  only  for  a  time  and, 


FIRST  CONTRACT  COMPLETED  167 

at  a  later  date,  the  Karankawas  committed  other  depre- 
dations, but  there  was  a  period  of  peace  following  this 
demonstration  of  force. 

The  year  1824  closed  with  the  colony  firmly  estab- 
lished. During  the  autumn  of  that  year  the  settlers 
gathered  crops  from  land  to  which  they  had  valid 
legal  titles,  duly  recorded,  and  the  boundaries  of  which 
had  been  fixed  by  careful  survey.  They  had  homes 
to  defend,  and  a  regularly  organized  government  to 
secure  them  in  the  possession  of  those  homes.  The 
population  had  increased  during  the  year,  and  the  out- 
look for  further  colonization  of  Texas  had  become 
brighter.  Social  life  had  begun  to  develop  and  the  be- 
ginnings of  a  town  had  appeared  at  San  Felipe.  Finally 
Isaac  M.  Pennington  had  inaugurated  the  educational 
history  of  Texas  by  starting  a  school,  teaching  those 
fundamentals  of  all  culture — reading,  writing  and 
arithmetic.  There  still  were  less  than  one  thousand 
Anglo-Americans  in  Texas,  but  most  of  them  were 
organized  into  a  social  body  under  the  benevolent  rule 
of  Stephen  Austin.  There  were  a  few  settlers  east  of 
Nacogdoches,  in  the  region  of  Ayish  bayou,  but  these 
were  not  yet  in  legal  possession  of  their  lands,  and  could 
be  ejected  at  the  will  of  the  Mexican  government. 
Austin's  colony  was  a  legal  part  of  the  Mexican  nation 
and  its  people  citizens  of  Mexico.  Anglo-American 
civilization  had  been  permanently  established  in  Texas. 


CHAPTER  IX. 

MEXICO  INVITES  THE  WORLD. 

The  project  of  settling  three  hundred  families  west 
of  the  Sabine,  which  Moses  Austin  had  conceived  and 
started,  was  now  an  accomplished  fact.  Stephen  Austin 
had  wrought  his  father's  dream  into  a  splendid  reality. 
Having  succeeded  so  well  in  the  face  of  such  manifold 
difficulties,  the  son  now  proposed  to  continue  the  work 
thus  begun.  There  was  room  in  Texas,  even  within 
the  boundaries  of  his  own  colony,  for  many  thousands 
of  Anglo-American  families.  To  "redeem  Texas  from 
its  wilderness  state  by  means  of  the  plough  alone" 
would  require  a  great  number  of  sturdy  farmers.  The 
establishment  of  the  first  colony  was  only  a  beginning. 

Accordingly,  on  November  6,  1824,  Austin  for- 
warded to  Mexico  City  a  petition,  addressed  to  the 
supreme  executive  power,  asking  for  authority  to  intro- 
duce two  or  three  hundred  additional  families  into 
Texas,  and  praying  that  Galveston  be  made  a  port 
of  entry.  So  slowly  did  news  travel  from  the  capital 
to  the  wilderness  of  Texas,  that  Austin  did  not  know 
that  the  supreme  executive  power  had  been  supplanted 
by  the  duly  elected  president  nearly  a  month  before  he 
dispatched  this  petition,  and  he  had  not  yet  received 
a  copy  of  the  general  colonization  law  which  congress 
had  passed  the  previous  August.  In  accordance  with 
a  decree  of  congress,  an  election  for  members  of  the 
legislature  of  the  state  of  Coahuila  and  Texas  had  been 

169 


170  A  HISTORY  OF  TEXAS 

held  in  May,  and  the  colonists  had  voted  almost  unani- 
mously for  the  Baron  de  Bastrop,  who  was  elected  as 
the  sole  member  of  that  body  from  Texas.  It  was  to 
attend  the  first  session  of  the  legislature  at  Saltillo  that 
the  baron  had  been  called  away  while  issuing  titles  to 
the  colonists.  It  had  been  provided  that  the  president 
and  vice-president  of  the  new  federal  republic  should 
be  elected  by  a  vote  of  the  state  legislatures,  and  the 
legislature  of  the  State  of  Coahuila  and  Texas  had  com- 
plied with  this  provision.  As  a  result  of  this  election, 
Gen.  Guadalupe  Victoria,  a  member  of  the  federalist 
party,  and  for  more  than  a  decade  an  outstanding  revo- 
lutionary leader,  was  named  president,  and  Nicholas 
Bravo,  also  a  famed  revolutionary  leader,  was  named 
vice-president.  The  new  federal  constitution  was  com- 
pleted and  signed  on  October  4,  1 824,  and  six  days  later 
the  first  president  and  vice-president  of  the  republic 
took  the  oath  of  office.  However,  being  unaware  of 
the  inauguration  of  Victoria  and  Bravo,  and  believing 
the  supreme  executive  power  to  be  still  at  the  head  of 
the  government,  Austin  addressed  his  petition  to  that 
body. 

In  December  Austin  received  a  copy  of  the  general 
colonization  law,  and  as  it  provided  that  the  respective 
states  should  have  jurisdiction  over  their  unoccupied 
lands,  and  as  a  state  law  for  Coahuila  and  Texas  was 
taken  up  immediately  by  the  legislature,  he  now  ad- 
dressed a  petition  to  the  governor  of  the  state,  under 
date  of  February  4,  1825,  asking  for  a  contract  to 
introduce  three  hundred  families.  Meantime,  the  fed- 
eral authorities  had  forwarded  to  the  governor  the 
petition  which  Austin  had  sent  to  Mexico  City.    Austin, 


MEXICO  INVITES  THE  WORLD  171 

however,  had  heard  nothing  from  either  petition  and, 
as  the  state  colonization  law  was  passed  in  March,  he 
addressed  to  the  governor  still  another  petition,  this 
time  fixing  the  number  of  families  at  five  hundred. 
Before  this  petition  reached  the  governor,  that  official 
acted  on  the  former  requests,  and  granted  Austin  a 
contract  to  introduce  three  hundred  families.  In  ac- 
cordance with  the  last  petition,  however,  this  was 
subsequently  amended,  increasing  the  number  to  five 
hundred  families. 

The  general  colonization  law,  which  was  passed  by 
the  national  congress  on  August  18,  1824,  empowered 
each  state  to  enact  its  own  colonization  law,  subject 
to  certain  restrictions.  Chief  of  these  restrictions  were 
the  following: 

1.  No  colony  should  be  established  within  twenty 
leagues  of  a  neighboring  country,  or  within  ten  leagues 
of  the  coast,  without  the  consent  of  the  federal  gov- 
ernment. 

2.  The  federal  government  should  have  the  right 
to  use  the  lands  within  the  states  for  governmental 
purposes. 

3.  Preference  in  the  granting  of  lands  must  be  given 
to  Mexican  citizens. 

4.  No  one  would  be  permitted  to  retain  title  to  more 
than  eleven  leagues  of  land,  and  no  transfers  in  mort- 
main would  be  permitted. 

5.  No  one  residing  outside  the  republic  could  acquire 
land  under  the  law. 

6.  The  federal  government  might  take  such  precau- 
tionary measures  as  it  might  deem  expedient  for  the 
protection  of  the  country  as  respects  foreigners  who 


172  A  HISTORY  OF  TEXAS 

IH  '  '  »    ■■»»»  I  I  III  II     I  I     I     I  I  - 

came  to  colonize,  but  congress  was  not  to  prohibit  immi- 
gration before  1 840,  though  foreigners  of  any  particular 
nation  might  be  excluded  at  any  time. 

Through  the  influence  of  Erasmo  Seguin,  who  was 
the  member  of  congress  from  Texas,  a  provision  was 
included  in  this  law  which  guaranteed  private  contracts 
entered  into  between  colonists  and  empresarios.  This 
was  done  at  the  suggestion  of  Austin,  in  order  to  pre- 
vent the  recurrance  of  controversies  similar  to  that 
which  arose  between  him  and  his  colonists  over  the  rate 
per  acre  they  had  agreed  to  pay  him. 

Under  the  authority  of  this  act,  and  within  the  limits 
of  these  general  restrictions,  the  legislature  of  the  state 
Coahuila  and  Texas  passed  a  state  colonization  law, 
which  was  approved  by  the  governor  and  promulgated 
on  March  24,  1825.  Baron  de  Bastrop,  as  the  member 
from  Texas,  had  much  to  do  with  the  drafting  of  this 
law,  and  through  him  Austin  influenced  its  provisions 
considerably. 

The  preamble  of  the  measure  admirably  summed  up 
the  reasons  prompting  the  Mexicans  to  invite  Anglo- 
Americans  to  settle  Texas.  "The  constituent  congress 
of  the  free,  independent  and  sovereign  state  of  Coahuila 
and  Texas,"  it  declared,  "desiring  by  every  possible 
means  to  augment  the  population  of  its  territory,  pro- 
mote the  cultivation  of  its  fertile  lands,  the  raising  and 
multiplication  of  stock,  and  the  progress  of  the  arts, 
and  commerce;  and  being  governed  by  the  constitu- 
tional act,  the  federal  constitution,  and  the  basis  estab- 
lished by  the  national  decree  of  the  general  congress 
No.  72,  have  thought  proper  to  decree  the  following 
law  of  colonization." 


MEXICO  INVITES  THE  WORLD  173 

The  recognition  of  the  importance  of  settling  Texas, 
even  with  Anglo-American  population,  had  by  this  time 
become  general  among  the  public  men  of  Mexico.  The 
foresight  of  Moses  Austin  as  to  the  inevitable  course 
which  would  have  to  be  taken  with  respect  to  Texas 
had  been  fully  vindicated.  Nothing  could  better  illus- 
trate this  than  the  fact  that  in  both  the  general  congress 
and  the  state  legislature  the  question  of  prohibiting 
slavery  in  such  proposed  colonies  was  raised,  and  in 
both  cases  the  argument  which  prevented  the  adoption 
of  such  a  provision  was  that  if  slavery  should  be  pro- 
hibited it  would  retard  immigration  from  the  very 
states  in  the  United  States  which  might  be  expected 
to  supply  the  needed  population  in  Texas.  For  this 
reason  Baron  de  Bastrop,  whose  labors  in  behalf  of  the 
colonization  of  Texas  have  never  been  fully  appreciated, 
opposed  vigorously  in  the  state  legislature  the  proposal 
to  prohibit  slavery. 

"All  foreigners/'  declared  the  state  colonization  law, 
"who  in  virtue  of  the  general  law  of  the  18th  of 
August,  1824,  which  guarantees  the  security  of  their 
persons  and  property  in  the  territory  of  the  Mexican 
nation,  wish  to  remove  to  any  of  the  settlements  of 
the  State  of  Coahuila  and  Texas,  are  at  liberty  to  do 
so;  and  the  state  invites  and  calls  them.  .  .  .  Those 
who  do  so,  instead  of  being  incommoded,  shall  be  ad- 
mitted by  the  local  authorities  of  said  settlements,  who 
shall  freely  permit  them  to  pursue  any  branch  of  indus- 
try that  they  may  think  proper,  provided  they  respect 
the  general  laws  of  the  nation,  and  those  of  the  state." 

The  law  provided  for  the  empresario  system,  such 
as  had  been  in  force  in  Louisiana  under  Spanish  rule, 


174 A  HISTORY  OF  TEXAS 

and  was  thus  in  this  respect  also  the  final  triumph  of 
the  ideas  of  Moses  Austin  and  Baron  de  Bastrop.  It 
provided  for  a  premium  of  five  leagues  and  five  labors 
of  land,  or  twenty-three  thousand  and  forty  acres,  for; 
each  one  hundred  families  that  an  empresario  might 
introduce  into  the  state,  but  no  empresario  should  receive 
this  premium  for  more  than  eight  hundred  families, 
no  matter  how  many  he  might  bring  in.  Each  family 
engaging  in  farming  would  be  granted  a  labor  of  land, 
but  if  a  family  raised  livestock  also  this  would  be  in- 
creased to  a  league.  Only  one-fourth  of  these  amounts, 
however,  would  be  granted  to  a  single  man,  but  it  would 
be  increased  to  the  legal  limit  upon  marriage.  If  such 
a  man  married  a  Mexican  woman  he  would  be  granted 
one-fourth  more  land  than  other  settlers.  It  also  was 
provided  that  the  government,  upon  recommendation 
of  the  commissioner  and  the  local  ayuntamiento,  might 
increase  these  amounts  in  special  cases  in  proportion 
to  the  size  of  a  family  or  the  industry  or  activity  of 
a  settler. 

A  flat  charge  of  thirty  dollars  for  a  league  of  pasture 
land  was  assessed  against  the  settler,  but  he  was  per- 
mitted to  pay  this  in  three  installments,  these  being  due 
in  four,  five  and  six  years,  respectively.  For  a  labor 
of  unirrigable  land  a  charge  of  two  dollars  and  a  half 
was  made,  and  for  a  labor  subject  to  irrigation  the 
charge  was  three  dollars  and  a  half.  The  fees  for 
surveying  and  other  expenses  were  in  addition  to  these 
charges  by  the  government. 

The  law  exempted  colonists  from  taxes  for  ten  years 
in  the  following  provision: 

"During  the  first  ten  years,  counting  from  the  day 


MEXICO  INVITES  THE  WORLD  175 

on  which  the  new  settlements  may  have  been  estab- 
lished, they  shall  be  free  from  all  contributions,  of 
whatever  denomination,  with  the  exception  of  those 
which,  in  case  of  invasion  by  an  enemy,  or  to  prevent 
it,  are  generally  imposed,  and  all  the  produce  of  agri- 
culture or  industry  of  the  new  settlers  shall  be  free 
from  excise  duty,  or  other  duties,  throughout  every 
part  of  the  state." 

The  government  reserved  the  right  to  sell  land  di- 
rectly to  Mexicans,  but  not  to  foreigners,  the  price  of 
such  land  being  fixed  at  one  hundred  dollars  a  league 
for  pasture  land,  one  hundred  and  fifty  dollars  for 
unirrigable  land,  and  two  hundred  dollars  for  irrigable 
land.  In  accordance  with  the  limitation  set  by  the 
general  law,  it  was  provided,  however,  that  no  indi- 
vidual could  purchase  more  than  eleven  leagues  of  land 
in  this  way. 

Finally  the  law  made  provision  for  the  establishment 
of  towns,  setting  forth  certain  regulations  governing  the 
manner  in  which  they  should  be  laid  out. 

Thus  it  was  that  the  legal  machinery  "to  redeem 
Texas  from  its  wilderness  state  by  means  of  the  plough 
alone"  was  provided,  and  it  was  set  in  motion  three 
weeks  after  the  promulgation  of  the  law.  On  April  15, 
1825,  the  first  three  contracts  under  the  new  law  were 
made.  On  that  day  Green  DeWitt  obtained  a  contract 
to  settle  four  hundred  families,  Frost  Thorn  obtained 
one  for  four  hundred  families,  and  Robert  Leftwich 
and  the  Nashville  company  one  for  the  legal  limit  of 
eight  hundred  families.  Three  days  later  a  contract 
was  granted  to  Hayden  Edwards,  this  also  being  for  the 
settlement  of  the  limit  of  eight  hundred  families,  and 


176 A  HISTORY  OF  TEXAS 

on  April  27  the  grant  to  Austin,  already  noted,  was 
made.  The  law  had  been  passed  scarcely  a  month, 
therefore,  when  contracts  had  been  granted  for  the  set- 
tlement of  twenty-seven  hundred  families  in  Texas,  and 
this  was  increased  shortly  to  twenty-nine  hundred  by 
the  amendment  of  Austin's  contract.  Each  of  these 
contracts  designated  certain  limits  in  which  the  empre- 
sario  might  settle  his  colonists.  DeWitt's  colony  was 
assigned  to  the  region  just  west  of  Austin's  settlement, 
that  of  Leftwich  and  the  Nashville  company  was  north 
of  Austin's  colony,  Thorn's  grant  was  in  the  northern 
part  of  Texas,  between  the  Brazos  and  the  Trinity  riv- 
ers, and  finally  Hayden  Edwards's  contract  called  for  the 
settlement  of  the  region  in  East  Texas,  from  a  point 
north  of  Nacogdoches  to  the  margin  of  the  reserved  land 
on  the  coast.  There  were  many  settlers,  both  American 
and  Mexican,  already  within  the  limits  of  Edwards's 
grant,  and  it  included  the  town  of  Nacogdoches  itself, 
but  provision  was  made  that  Edwards  should  respect  the 
titles  already  existing.  His  contract  was  to  settle  the 
"vacant"  lands  in  that  section. 

Austin's  contract  was  for  the  further  settlement  of 
the  region  in  which  his  original  three  hundred  families 
already  were  established,  and  over  which  he  had  juris- 
diction as  "principal  judge  and  chief  of  the  militia." 
This  territory  may  be  said  roughly  to  have  been  from 
the  Lavaca  to  the  San  Jacinto  and  from  the  San  Antonio 
road  to  the  ten  league  reserve  on  the  coast. 

Austin's  greatness  as  a  colonizer  is  nowhere  better 
demonstrated  than  in  the  contrast  between  his  work  dur- 
ing the  next  few  years  and  that  of  the  other  empresarios. 


THE  SHADED  PORTION  OF  THIS  DIAGRAM 
SHOWS  THE  REGION  IN  WHICH  AUSTIN'S 
FIRST  COLONISTS  SETTLED,  IN  RELATION 
TO  THE  PRESENT  STATE  OF  TEXAS.  THIS 
REGION  WAS  THE  CRADLE  OF  ANGLO- 
AMERICAN   CIVILIZATION    IN   TEXAS. 


MEXICO  INVITES  THE  WORLD  177 

In  all  the  army  of  promoters,  of  various  grades  of  ability 
and  shades  of  character,  who  obtained  contracts  under 
the  state  colonization  law  during  the  next  five  years,  not 
one  appeared  who  in  any  remote  degree  approached  Aus- 
tin from  any  standpoint  in  fitness  for  the  task  of  settling 
a  colony  successfully.  Indeed,  only  one  may  be  said  to 
have  succeeded  in  carrying  out  his  contract  at  all,  and 
that  was  Green  DeWitt,  whose  grant,  as  has  been  noted, 
was  situated  immediately  adjacent  to  Austin's  colony  on 
the  west.  Many  of  the  others  never  introduced  a  single 
family,  and  the  methods  of  some  of  them  were  those  of 
the  modern  "blue  sky"  promoter.  But  Austin  continued 
to  build  on  the  solid  foundation  he  had  laid,  laboring  day 
and  night  for  the  development  of  the  colony  and  for  the 
establishment  of  orderly  civilized  life  in  the  country  he 
had  found  a  complete  wilderness.  It  has  been  observed 
that  Austin  had  an  advantage  in  that  he  had  a  successful 
colony  already  settled  when  the  other  empresarios  ap- 
peared on  the  scene.  But  the  answer  to  that  is  that  in 
establishing  that  first  colony  he  faced  difficulties  and 
conditions  which  no  other  empresario  had  to  face,  and 
that  the  very  existence  of  Austin's  original  colony  was  to 
the  new  empresarios  an  advantage  such  as  Austin  did  not 
have  when  he  first  came  to  Texas.  The  real  explanation 
of  Austin's  incomparable  success,  where  so  many  others 
failed,  lies  in  the  man  himself.  He  was,  in  truth,  "the 
greatest  colonial  proprietor  in  American  history."  He 
had  a  true  comprehension  of  the  precise  nature  of  the 
task  he  had  undertaken,  a  comprehensive  knowledge  of 
the  elements  involved,  which  he  had  acquired  through 
painstaking  labor  and  sometimes  bitter  experience,  and 


178  A  HISTORY  OF  TEXAS 

a  whole-hearted  devotion  to  his  mission  as  a  builder  of 
civilization — and  all  in  such  a  degree  as  to  amount  to 
genius. 

"Such  an  enterprise  as  the  one  I  undertook  in  settling 
an  uninhabited  country,"  he  wrote  some  years  later, 
"must  necessarily  pass  through  three  regular  gradations. 
The  first  step  was  to  overcome  the  roughness  of  the  wil- 
derness, and  may  be  compared  to  the  labor  of  the  farmer 
on  a  piece  of  ground  covered  with  woods,  bushes  and 
brambles,  which  must  be  cut  down  and  cleared,  and  the 
roots  grubbed  out,  before  it  can  be  cultivated.  The  sec- 
ond step  was  to  pave  the  way  for  civilization  and  lay  the 
foundation  for  lasting  productive  advancement  in 
wealth,  morality  and  happiness.  This  step  might  be 
compared  to  the  ploughing,  harrowing,  and  sowing  the 
ground  after  it  is  cleared.  The  third  and  last  and  most 
important  step  is  to  give  proper  and  healthy  direction  to 
public  opinion,  morality,  and  education,  ...  to  give 
tone,  character,  and  consistency  to  society,  which,  to  con- 
tinue the  simile,  is  gathering  in  the  harvest  and  applying 
it  to  the  promotion  of  human  happiness.  In  trying  to 
lead  the  colony  through  these  gradations  my  task  has 
been  one  of  continued  hard  labor.  I  have  been  clearing 
away  brambles,  laying  foundations,  sowing  the  seed. 
The  genial  influences  of  cultivated  society  will  be  like 
the  sun  shedding  light,  fragrance  and  beauty." 

Austin's  first  step  upon  obtaining  his  grant  under  the 
state  colonization  law  was  one  of  caution.  Upon  receipt 
of  a  copy  of  the  law  he  found  some  of  its  provisions 
vague  and  susceptible  of  varied  interpretation.  He  was 
determined  to  comply  with  the  law  to  the  very  letter,  so 
far  as  that  was  possible,  and  where  doubtful  questions 


MEXICO  INVITES  THE  WORLD 179 

arose  to  put  the  responsibility  of  interpreting  them  upon 
the  government.  Although  there  was  a  provision  guar- 
anteeing contracts  made  between  empresarios  and  set- 
tlers, it  contained  a  qualifying  clause  that  made  it  of 
doubtful  value,  for  it  provided  that  such  contracts  were 
guaranteed  where  the  empresario  brought  the  settlers 
in  "at  his  own  expense."  Austin  had  no  intention  of 
paying  the  expenses  of  prospective  settlers  into  the  col- 
ony, but  he  did  expect  to  be  paid  for  the  labor  of  ob- 
taining a  title  for  a  settler  and  the  other  duties  incident 
to  the  whole  business  of  managing  and  directing  the  set- 
tlement of  a  colony.  Moreover,  the  precise  relation  of 
the  empresario  to  the  region  which  he  was  authorized  to 
settle  was  not  very  clear.  The  contracts  set  forth  spe- 
cific boundaries  within  which  each  empresario  was  au- 
thorized to  settle  families,  and  provided  that  at  the 
expiration  of  the  contract  the  unoccupied  land  remain- 
ing reverted  to  the  government.  But,  as  all  titles  to  the 
settlers  should  be  issued  by  the  government  itself,  the 
land  remained  public  land  even  during  the  life  of  the 
contract. 

Austin  decided  that  he  would  separate  any  fees  he 
charged  entirely  from  the  price  to  be  paid  for  land,  and 
place  them  on  a  basis  of  pay  for  his  services  to  the  colo- 
nists, services  he  was  not  bound  to  perform  under  the 
law,  but  which  were  very  necessary  in  order  to  insure 
the  titles  of  the  colonists  to  their  lands.  He  also  decided 
that  he  would  assume  no  authority  with  respect  to  the 
placing  of  settlers  on  their  lands,  but  would  hold  that 
this  responsibility  rested  upon  the  commissioner  of  the 
government.  There  had  been  no  commissioner  in  the 
colony  since  Baron  de  Bastrop  had  left  to  attend  the 


180  A  HISTORY  OF  TEXAS 

session  of  the  legislature,  and  a  few  of  Austin's  original 
settlers  were  still  without  title-deeds  to  their  lands.  Ac- 
cordingly, he  wrote  to  the  political  chief  of  Texas,  the 
official  who  was  directly  over  that  "department"  of  the 
state  of  Texas  and  Coahuila  under  the  new  state  govern- 
ment, and  set  forth  all  this  in  plain  language.  He  sub- 
mitted a  schedule  of  fees,  including  both  those  of  the 
government  and  his  own,  for  official  approval,  and  sug- 
gested that  it  would  be  necessary  for  the  government  to 
send  a  commissioner  to  the  colony  before  he  could  pro- 
ceed under  the  new  contract. 

All  this  was  done  in  order  to  insure  the  strictest  regu- 
larity under  the  law  and  to  protect  settlers  coming  to  the 
colony  against  even  the  suggestion  of  a  cloud  on  the 
titles  to  their  lands.  He  was  also  determined  to  avoid 
any  repetition  of  the  controversy  over  his  own  compen- 
sation. The  statement  he  submitted  to  the  political 
chief,  Jose  Antonio  Saucedo,  was  under  the  heading, 
"Regulations  to  be  observed  by  those  desiring  land  in 
Austin's  Second  Colony."  It  provided  that  applicants 
for  a  league  of  land  must  pay,  in  addition  to  the  thirty 
dollars  paid  to  the  government,  the  following  fees:  To 
the  commissioner,  fifteen  dollars;  to  the  secretary  of 
the  colony,  who  filed  the  application  and  translated  and 
recorded  the  papers,  ten  dollars;  and  to  the  empresario, 
sixty  dollars.  Later  he  explained  that  this  fee  of  sixty 
dollars  was  "a  compensation  for  the  labor  of  translating 
and  attending  to  getting  the  titles  for  the  applicant, 
which  I  am  not  bound  to  do,  as  empresario,  unless  paid 
for  it." 

This  made  the  cost  of  a  league  of  land,  including  the 
fees  paid  to  the  government,  the  commissioner,  the  sec- 


MEXICO  INVITES  THE  WORLD  181 

retary  and  to  Austin,  amount  to  a  total  of  one  hundred 
and  thirty-five  dollars,  or  a  fraction  over  three  cents 
an  acre!  But  even  this  fee  of  sixty  dollars  was  later  re- 
duced to  fifty,  for  which  a  note  was  given  with  the  ap- 
plication and  the  whole  of  which  was  payable  in  one  year 
after  the  delivery  of  the  title.  Small  as  it  was,  this  fee 
frequently  was  never  paid,  a  fact  which  to  this  day  is 
mutely  attested  by  hundreds  of  notes  for  fifty  dollars 
each,  made  out  to  Stephen  F.  Austin,  which  form  part 
of  the  Austin  papers  now  in  the  archives  of  the  Univer- 
sity of  Texas.  It  was  Austin's  policy  not  to  turn  away 
desirable  settlers  because  they  were  without  means  of 
paying,  and  the  success  of  the  whole  project  of  coloniz- 
ing Texas  was  of  greater  consideration  to  him  than  the 
collection  of  any  amount  owed  to  him  by  an  individual. 

Whatever  else  he  may  have  been  lax  about,  however, 
Austin  was  absolutely  strict  in  the  enforcement  of  his 
rule  requiring  satisfactory  recommendations  from  pros- 
pective colonists.  In  opening  up  his  second  colonization 
project,  he  laid  even  greater  stress  on  this  point  than 
ever — that  undesirable  settlers  were  not  wanted  on  any 
terms.  It  became  more  difficult  to  enforce  this  rule  as 
the  tide  of  immigration  increased  during  the  years  fol- 
lowing the  passage  of  the  state  colonization  law,  espe- 
cially as  there  was  little  or  no  regulation  of  travel 
through  Texas.  Shady  characters  from  the  United 
States  drifted  into  Texas,  some  coming  in  search  of  new 
fields  of  operation  and  others  as  fugitives  from  justice. 
In  time  Nacogdoches,  because  of  its  proximity  to  the 
Louisiana  border,  and  because  it  was  the  first  town  an 
immigrant  struck,  became  the  chief  rendezvous  of  gam- 
blers, sharpers  and  thieves,  who  would  lie  in  wait  there 


182  A  HISTORY  OF  TEXAS 

to  trap  the  greenhorn  just  arrived  from  "the  States"  and 
relieve  him  of  his  money.  Austin  used  every  means  to 
keep  such  characters  out  of  his  colony,  not  only  as  set- 
tlers, but  even  as  transients,  and  while,  in  the  very  na- 
ture of  things,  it  was  not  always  possible  to  succeed  in 
this,  he  did  manage  to  maintain  a  very  high  standard 
among  his  colonists. 

The  immediate  effect  of  the  granting  of  the  new  con- 
tracts under  the  state  colonization  law  was  to  stimulate 
immigration  to  Texas.  Noah  Smithwick,  an  early  set- 
tler, who  was  drawn  to  the  new  promised  land  as  a  youth 
by  the  glowing  accounts  of  the  new  empresarios,  says 
that  "what  the  discovery  of  gold  was  to  California,  the 
colonization  act  of  1825  was  to  Texas."  This  is  true  in 
the  sense  that  it  started  the  tide  of  immigrants  across  the 
Sabine  which  resulted  in  the  settlement  of  the  country, 
just  as  the  discovery  of  gold  brought  about  the  settle- 
ment of  California.  But  it  would  be  a  mistake  to  picture 
the  immigration  to  Texas  as  resembling  the  frenzied 
rush  across  the  continent  in  "forty-nine  and  fifty." 
However,  each  new  empresario  did  become  a  "press 
agent"  of  Texas,  and  the  ease  with  which  a  fortune  in 
land  might  be  acquired  there  was  heralded  far  and  wide. 
Indeed,  some  of  the  evangels  "put  it  on  a  little  thick," 
so  to  speak,  and  many  immigrants  were  led  to  expect 
quite  the  opposite  of  the  true  conditions  existing. 

Smithwick  gives  a  graphic  impression  of  all  this, 
which  is  all  the  more  vivid  because  it  is  a  recollection  of 
the  effect  which  the  tales  of  the  empresarios  had  upon 
him  as  a  lad  in  his  teens.  He  says  of  one  of  them  that 
"the  glowing  terms  in  which  he  descanted  on  the  ad- 


MEXICO  INVITES  THE  WORLD  183 

vantages  to  be  gained  by  emigration,  were  well  calcu- 
lated to  further  his  scheme."  After  enumerating  the 
facts  with  respect  to  the  amount  of  land  to  be  had  and 
the  liberal  terms  upon  which  it  was  granted,  this  em- 
presario,  according  to  Smithwick,  went  on  to  describe 
other  advantages.  "An  abundance  of  game,  wild 
horses,  cattle,  turkeys,  buffalo,  deer  and  antelope  by  the 
drove,"  solved  the  food  question,  he  said.  "The  woods 
abounded  in  bee  trees,  wild  grapes,  plums,  cherries,  per- 
simmons, haws  and  dewberries,  while  walnuts,  hickory 
nuts  and  pecans  were  abundant  along  the  water-courses. 
The  climate  was  so  mild  that  houses  were  not  essential ; 
neither  was  a  superabundance  of  clothing  or  bedding, 
buffalo  robes  and  bearskins  supplying  all  that  was  need- 
ed for  the  latter  and  buckskin  the  former.  Corn  in  any 
quantity  was  to  be  had  for  the  planting,  and,  in  short, 
there  the  primitive  curse  was  set  at  defiance.  Mexican 
soldiers  were  stationed  on  the  frontier  to  keep  the  In- 
dians in  check.  Of  the  hardships  and  privations,  the 
growing  dissatisfaction  of  the  Indians  ...  he  was  dis- 
creetly silent.  Viewed  from  that  distance,  the  prospect 
was  certainly  flattering,  and  it  should  not  occasion  sur- 
prise that  men  with  large  families  .  .  .  were  induced 
to  migrate  thither  with  the  hope  of  securing  homes  for 
themselves  and  children." 

"I  was  a  boy  in  my  nineteenth  year,"  continues  Smith- 
wick, "and  in  for  adventure.  My  older  brothers  talked 
of  going.  They,  however,  abandoned  the  project;  but 
it  had  taken  complete  possession  of  me,  so,  early  in  the 
following  year,  1827,  I  started  out  from  Hopkinsville, 
Kentucky,  with  all  my  worldly  possessions,  consisting  of 


184 A  HISTORY  OF  TEXAS  

a  few  dollars  in  money,  a  change  of  clothes  and  a  gun, 
of  course,  to  seek  my  fortune  in  this  lazy  man's  para- 
dise." 

So  it  was  that  the  "lure  of  Texas"  spread  over  the 
Southern  states.  During  the  period  of  which  Smith- 
wick  writes  there  were  many  who,  like  his  brothers, 
"talked  of  going,"  and  the  stories  of  the  empresarios 
and  their  agents  were  repeated,  with  imaginative  addi- 
tions, no  doubt,  as  they  passed  from  tongue  to  tongue. 
In  consequence  some  of  those  who  "talked  of  going" 
did  go,  and,  arriving  in  Texas,  many  of  these  stayed  in 
spite  of  disillusionment.  That  few  of  them  were  any 
better  equipped  to  begin  life  in  the  new  land  than  Smith- 
wick,  with  his  few  dollars,  a  change  of  clothes  and  a 
gun,  is  not  surprising.  Indeed,  Smithwick  was  better 
equipped  than  many,  for  he  was  a  blacksmith  and  gun- 
smith by  trade  and  his  skill  was  needed.  If  a  full  record 
of  the  experiences  of  those  who  set  out  for  Texas  under 
the  spell  of  the  stories  of  the  empresarios  during  those 
first  years  could  be  had  it  would  run  the  whole  gamut 
of  human  experience.  It  would  contain  much  of  sorrow 
and  suffering  and  disappointment,  and  not  a  little  of 
folly.  On  the  other  hand,  it  would  also  contain  much 
of  courage,  of  intelligent  faith  in  the  future  and  of  pa- 
tient labor.  For,  among  the  throng,  there  were  those 
of  the  true  pioneer  spirit,  men  and  women  who  realized 
fully  what  it  meant  to  found  a  home  in  a  new  land,  but 
who,  nevertheless,  felt  equal  to  the  task,  and  who,  with 
courage  and  patience,  settled  down  to  work  with  their 
eyes  fixed  confidently  on  the  future.  It  was  with  such 
that  Austin  sought  to  people  the  territory  over  which 
his  original  three  hundred  were  scattered. 


MEXICO  INVITES  THE  WORLD 185 

In  the  face  of  the  new  situation  which  had  developed, 
Austin  set  about  organizing  his  work  on  a  sounder  and 
more  businesslike  basis.  In  September,  1824,  he  ap- 
pointed Samuel  M.  Williams  secretary  of  the  local 
government  of  the  colony,  paying  him  one  thousand  dol- 
lars a  year  out  of  his  own  pocket.  Williams  was  a  man 
after  Austin's  own  heart,  for,  in  spite  of  the  inadequate 
compensation,  he  worked  unceasingly,  with  patient  at- 
tention to  detail  and  whole-hearted  concern  for  the  colo- 
nists' interest.  His  chief  duties  were  to  care  for  the 
land  and  other  records  of  the  colony,  and  to  handle  the 
infinite  details  attendant  upon  the  process  of  converting 
a  newly  arrived  immigrant  into  a  full-fledged  settler, 
with  a  title  to  his  land,  duly  recorded  in  the  archives  of 
the  local  government,  and  a  place  in  the  growing  com- 
munity. He  was  especially  fitted  for  this  work,  for  he 
had  previously  lived  in  Mexico  and  spoke  and  wrote 
Spanish  like  a  native.  Austin  himself  has  testified  that 
Williams  discharged  his  duties  "with  a  degree  of  fidel- 
ity and  industry  which  justly  entitled  him  to  the  appro- 
bation and  confidence"  of  the  settlers.  "The  land  and 
other  records  of  this  colony,"  said  Austin,  "present  abun- 
dant evidence  of  his  neatness  and  accuracy;  and  the  reg- 
istry, or  record  book,  in  which  the  land  documents  and 
title-deeds  are  recorded,  will  forever  afford  proof  of 
the  labor,  care,  and  precaution  that  have  been  devoted 
to  the  perpetuation  of  those  important  archives." 

It  was  in  the  attention  to  such  details  as  this,  and  in 
the  care  he  exercised  to  maintain  cordial  relations  with 
both  the  Mexican  authorities  over  him  and  the  colo- 
nists under  his  jurisdiction,  that  Austin  excelled  the 
other  empresarios.    There  was  something  solid  about  his 


186  A  HISTORY  OF  TEXAS 

colony,  giving  the  impression  of  permanence,  and  this 
inspired  confidence  on  the  part  of  both  the  government 
and  prospective  settlers. 

Only  one  other  contract,  besides  those  already  noted, 
was  granted  by  the  state  government  during  1825.  It 
was  that  of  Martin  de  Leon,  a  prosperous  rancher,  who 
obtained  permission  to  move  forty-one  Mexican  fami- 
lies to  Texas  on  October  6.  These  were  families  of  his 
own  employes,  to  each  of  whom  a  league  of  land  was  to 
be  granted.  The  army  of  empresarios,  however,  soon 
began  to  grow,  and,  in  time,  the  whole  of  Texas  was 
plastered  with  their  paper  grants.  Among  the  other 
leading  contracts  granted  at  different  times  under  the 
state  colonization  act  were  the  following:  Benjamin  R. 
Milam,  January  12,  1826,  to  settle  two  hundred  fami- 
lies; Gen.  Arthur  C.  Wavell,  March  9,  1826,  for  four 
hundred  families;  Stephen  J.  Wilson,  May  27,  1826, 
for  two  hundred  families;  John  L.  Woodbury,  Novem- 
ber 14,  1826,  for  two  hundred  families;  Joseph  Vehlein 
&  Co.,  December  21,  1826,  for  three  hundred  families; 
David  G.  Burnet,  December  22,  1826,  for  three  hun- 
dred families;  John  Cameron,  May  21,  1827,  for  one 
hundred  families;  Hewetson  &  Power,  June  11,  1828, 
for  two  hundred  families;  McMullen  &  McGloin,  Au- 
gust 19,  1828,  for  two  hundred  and  ninety-nine  fami- 
lies; Exeter  &  Wilson,  February  23,  1828,  for  one 
hundred  families;  Manuel  R.  Arispe,  November  12, 
1828,  for  two  hundred  families;  Joseph  Vehlein  &  Co., 
November  17,  1828,  for  one  hundred  families;  Martin 
de  Leon,  April  30,  1829,  for  one  hundred  and  fifty 
families;  J.  A.  Padilla  and  T.  J.  Chambers,  February 
12,   1830,  for  eight  hundred  families;   Gen.   Vicente 


MEXICO  INVITES  THE  WORLD  187 

Filisola,  October  15,  1831,  for  six  hundred  families; 
Jose  Manuel  Raguela  and  J.  C.  Beales,  March  14,  1832, 
for  two  hundred  families ;  Juan  Vicente  Campos,  agent 
of  a  Mexican  company,  May  1,  1832,  for  four  hundred 
and  fifty  families;  James  Grant  and  J.  C.  Beales,  Octo- 
ber 9,  1832,  for  eight  hundred  families;  Fortunato  Soto 
and  Henry  Egerton,  January  1,  1834,  for  eight  hundred 
families. 

Besides  these,  there  was  a  grant  to  Austin  on  Novem- 
ber 20,  1827,  to  settle  one  hundred  families  on  the  east 
side  of  the  Colorado  above  the  San  Antonio  road.  In 
1828  the  federal  government  granted  to  Austin  the 
right  to  colonize  the  reserve  tract  between  his  colony 
and  the  coast,  from  the  Lavaca  to  the  San  Jacinto  rivers, 
and  in  accordance  with  this,  on  July  9,  1828,  the  state 
government  granted  him  a  contract  to  settle  three  hun- 
dred families  in  that  region.  This  made  the  territory 
subject  to  colonization  exclusively  under  Austin's  direc- 
tion extend  from  the  tract  on  the  Colorado  north  of  the 
San  Antonio  road  to  the  coast  line  between  the  Lavaca 
and  San  Jacinto  rivers.  The  contract  of  Robert  Left- 
wich  and  the  Nashville  company,  which  was  among  the 
first  granted,  was  transferred  to  Sterling  C.  Robertson, 
manager  of  the  company.  It  expired  without  any  great 
number  of  families  being  settled,  and,  though  extended, 
was  subsequently  revoked.  This  contract,  which  was 
for  eight  hundred  families,  was  regranted  to  Austin  and 
Samuel  M.  Williams  on  February  25,  1831. 

As  has  been  said,  some  of  these  empresarios  never  in- 
troduced a  single  family  into  Texas.  Others  made  the 
contracts  the  basis  of  some  very  questionable  practices, 
such  as  issuing  land  scrip  against  the  land  included  in 


I 


188  A  HISTORY  OF  TEXAS 

the  region  they  were  authorized  to  colonize,  and  selling 
this  scrip  to  citizens  of  the  United  States.  The  colo- 
nization law  specifically  prohibited  citizens  of  other 
countries  not  resident  in  Mexico  from  holding  titles  to 
land  under  the  law,  and  even  if  the  holders  of  the  scrip 
migrated  to  Texas  it  would  not  entitle  them  to  a  grant 
of  land.  Many  innocent  purchasers  of  such  scrip  were 
defrauded  in  this  manner,  and  Austin  had  occasion  more 
than  once  to  accept  in  his  colony  immigrants  who  ar- 
rived in  Texas  with  this  worthless  scrip,  under  the  im- 
pression that  it  entitled  them  to  a  certain  amount  of  land. 
Some  of  the  empresarios,  however,  did  seriously  en- 
deavor to  fulfill  their  contracts,  but  their  success  was 
not  very  marked.  DeWitt,  who,  like  Austin,  lived  in 
his  colony  among  his  settlers,  was  the  most  successful, 
but  even  his  success  was  only  partial  in  character.  Aus- 
tin's colony  was  a  going  concern  and  within  its  limits 
civilized  life  was  more  nearly  approximated  than 
within  those  of  any  other.  Moreover,  Austin  was  the 
most  successful  from  the  first  in  obtaining  desirable 
colonists,  and  in  consequence  the  region  under  his  direc- 
tion became  more  thickly  settled  than  any  other  section 
of  Texas.  In  the  course  of  time  there  was  no  induce- 
ment for  an  immigrant  to  choose  any  other  colony  than 
that  of  Austin,  for  it  was  evident  to  all  that  it  was  by 
far  the  most  desirable  from  every  standpoint.  Austin  ob- 
tained hundreds  of  families,  therefore,  where  the  others 
found  it  difficult  to  induce  even  a  few  to  settle  within 
their  grants,  and  this  process  finally  eliminated  the 
others. 

The  contrast  between  Austin's  colony  and  the  others 
is  strikingly  illustrated  in  the  naive  recollections  of 


MEXICO  INVITES  THE  WORLD  189 


Noah  Smithwick,  already  quoted,  who  first  reached 
Texas  in  the  summer  of  1 827.  He  landed  on  the  coast, 
at  the  mouth  of  the  Lavaca  river,  and  traveled  over 
much  of  Texas  during  the  next  two  years. 

"It  was  a  dreary  place  for  a  lone  stranger  to  land," 
writes  Smithwick,  telling  of  his  arrival.  "A  few 
Mexicans  came  around,  but  they  spoke  no  English  and 
I  understood  no  Spanish.  At  length  two  men,  Fulcher 
and  McHenry,  who  had  squatted  on  land  six  or  eight 
miles  up  the  river,  sighted  the  schooner  and  came  down 
in  a  dugout.  They  took  me  in  with  them  and  I  spent 
my  first  night  in  Texas  in  their  cabin.  My  first  meal 
on  Texas  soil  was  dried  venison  sopped  in  honey.  After 
having  spent  some  months  in  New  Orleans,  where 
everything  of  the  known  world  was  obtainable,  it  looked 
like  rank  starvation  to  me,  but  I  was  adaptive.  The 
sea  voyage  had  sharpened  my  appetite  and  I  was 
possessed  of  a  strong  set  of  grinders,  so  I  set  to  and 
ate  a  meal;  but  I  was  not  anxious  to  trespass  on  their 
hospitality,  so  next  morning  I  set  out  on  foot  for 
De Witt's  colony,  ten  miles  further  up  the  Lavaca.  .  .  . 
Fulcher  accompanied  me  up  to  the  station.  The  beau- 
tiful rose  color  that  tinged  my  vision  of  Texas  through 
Robertson's  long  distance  lens  paled  with  each  succeed- 
ing step.  .  .  .  The  colonists  (at  DeWitt's  station), 
consisting  of  a  dozen  families,  were  living — if  such 
existence  could  be  called  living — huddled  together  for 
security  against  the  Karankawas,  who,  though  not 
openly  hostile,  were  not  friendly.  The  rude  log  cabin, 
windowless  and  floorless,  has  been  so  often  described  as 
the  abode  of  the  pioneer  as  to  require  no  repetition  here; 
suffice  it  to  say  that  save  as  a  partial  protection  against 


190  A  HISTORY  OF  TEXAS 

rain  and  sun  it  was  absolutely  devoid  of  comfort. 
DeWitt  had  at  first  established  his  headquarters  at  Gon- 
zales, and  the  colonists  had  located  their  land  in  that 
vicinity,  but  the  Indians  stole  their  horses  and  otherwise 
annoyed  them  so  much,  notwithstanding  the  soldiers, 
that  they  abandoned  the  colony  and  moved  down  on  the 
Lavaca,  where  they  were  just  simply  staying." 

"Newcomers  were  warmly  welcomed,"  he  continues, 
"and  entertained  with  all  the  hospitality  at  the  com- 
mand of  the  colonists.  Sleeping  accommodations  were 
limited  to  mosquito  bars,  a  provision  not  to  be  despised, 
since  they  were  absolutely  indispensable  to  sleep.  The 
bill  of  fare,  though  far  from  epicurean,  was  an  im- 
provement on  dried  venison  and  honey  in  that  the 
venison  was  fresh  and  cooked,  and  Colonel  DeWitt, 
my  host,  had  bread,  though  some  families  were  without. 
.  .  .  The  outlook  was  a  gloomy  one  to  me.  Colonel 
DeWitt,  having  a  colony  to  settle,  was  as  enthusiastic 
in  praise  of  the  country  as  the  most  energetic  real  estate 
dealer  of  boom  towns  nowadays." 

Smithwick  next  visited  De  Leon's  settlement.  "We 
struck  out  on  foot  and  reached  Victoria,  or  De  Leon's 
town,  as  it  was  then  called.  There  was  but  one  white 
man  in  the  place,  and  with  him  we  stopped.  .  .  .  Martin 
de  Leon  had  settled  his  grant  with  Mexicans,  most  of 
them  being  his  peons  and  vaqueros.  He  had  a  large 
stock  of  both  horses  and  cattle,  and  between  the 
Comanches,  who  stole  his  horses,  and  the  Kronks,  as 
the  Karankawas  were  called,  who  killed  his  cattle,  he 
had  a  troublous  time  of  it.  Becoming  exasperated  at 
the  constant  depredations  of  the  Kronks,  he  determined 
to  take  matters  into  his  own  hands.     He  organized  his 


MEXICO  INVITES  THE  WORLD  191 

iitwiiilh     ■ ■ Brjiinrminiw  iirnii    n  m,  ■■ ■■—*■■■  n  ■  .1— ■■■■■  —  ■  ■■      1 mmiimim  ,  ,     1      ■■       ij    1    ■—— iwwmwm — "■— — ' 

retainers  into  an  army  and,  mounting  a  four-pounder 
swivel  gun  on  a  jackass,  set  out  to  annihilate  the  tribe. 
He  ran  them  to  cover,  brought  his  artillery  to  bear  and 
touched  it  off,  but  he  did  not  take  the  precaution  to 
brace  up  the  jackass,  and  the  recoil  turned  him  a  flying 
somersault,  landing  him  on  top  of  the  gun  with  his 
feet  in  the  air,  a  position  from  which  he  was  unable 
to  extricate  himself.  The  Mexicans  got  around  him 
and  tried  to  boost  him,  but  the  jackass  had  had  enough 
of  that  kind  of  fun  and  philosophically  declined  to  rise 
until  released  from  his  burden,  so  they  had  to  dismount 
the  jackass.  By  that  time  the  Indians  had  disappeared 
and  if  any  were  killed  they  were  taken  off  the  field. 
.  •  .  Senor  de  Leon  was  the  very  essence  of  hospitality, 
as,  indeed,  I  found  the  Mexicans  everywhere  to  be. 
He  had  his  caballada  driven  in  for  us  to  choose  from. 
The  vaqueros  rode  in  among  them  carajoing  and  swing- 
ing their  lariats,  the  horses  reared  and  snorted,  and  we 
concluded  walking  would  be  pleasant  pastime  compared 
to  riding  such  steeds,  so  we  continued  our  journey 
on  foot." 

Gonzales  was  the  next  point  reached  by  Smithwick, 
after  nine  days'  travel.  "Gonzales,"  he  says,  "consisted 
of  two  blockhouses,  and  the  inhabitants  of  two  men, 

John  W.  Smith  and Porter,  the  families  having 

all  gone  to  DeWitt's  station." 

And  then  he  tells  of  the  first  point  he  touched  within 
the  boundaries  of  Austin's  grant.  "We  reached  the 
Colorado  at  Burnam's  station,"  he  says,  "a  few  miles 
below  where  La  Grange  now  stands,  then  the  highest 
settlement  on  the  river.  .  .  .  Things  looked  more  prom- 
ising there  than  any  place  I  had  seen.     The  settlers 


192 A  HISTORY  OF  TEXAS ^^^ 

were  doing  some  farming  and  all  had  milk  cows,  chick- 
ens, etc.  Corn  was  in  'roasting  ear'  and  the  people  were 
feasting.  .  .  .  Captain  Jesse  Burnam  had  a  nice  family 
He  was  anxious  to  have  a  school,  and  when  he  found 
that  I  had  mastered  the  rudiments  of  the  'three  rV  he 
offered  me  a  situation  as  teacher,  but  I  had  no  predi- 
lection for  pedagogy." 

Smithwick's  reference  to  "milk  cows,  chickens,  etc.," 
is  significant  of  the  progress  made  by  Austin's  colonists. 
By  this  time  there  was  livestock  in  all  sections  of  the 
colony.  Some  of  the  first  group  of  colonists  brought  a 
few  cows  with  them,  notably  the  Kuykendalls,  who 
also  had  a  number  of  hogs.  William  Morton  brought 
milk  cows  into  the  region  which  is  now  Fort  Bend 
county,  and  Randal  Jones  returned  to  the  United  States 
in  1823,  sold  a  negro  slave  and  purchased  sixty  head 
of  cattle  with  the  proceeds.  He  drove  these  cattle, 
without  losing  a  single  one,  from  Louisiana  to  his  place 
on  the  banks  of  the  Brazos. 

Continuing  his  account,  Smithwick  says:  "Upon 
inquiry  I  learned  there  was  a  shop  (a  blacksmith  shop) 
down  at  Judge  Cummins's  station,  some  miles  below  on 
the  Colorado  (still  within  Austin's  colony),  so  I  went 
down  there.  The  judge  had  two  daughters  and  there 
were  the  two  Miss  Beasons,  all  nice,  agreeable  girls, 
and  altogether  it  was  not  a  bad  place  to  stop,  so  I  went 
to  work." 

Soon  after  this  Smithwick  became  ill,  but  when  he 
recovered  he  was  on  his  travels  again.  "The  next  set- 
tlement I  struck,"  he  says,  "was  Josiah  Bell's,  where 
Columbia  now  stands.  There  I  learned  that  Johnny 
McNeal,  out  on  the  gulf  prairie,  was  in  need  of  a  black- 


JOHN  QUINCY  ADAMS. 
S<?<?  Page  197 


MEXICO  INVITES  THE  WORLD 193 

smith.  There  were  quite  a  family  of  the  McNeals. 
They  had  raised  a  crop  of  cotton  and  were  building  a 
gin.  They  had  a  shop  and  tools,  and  so  I  went  out 
and  in  the  intervals  between  relapses  of  the  fever  I 
made  the  gin  irons.  Iron  was  a  scarce  article,  but  we 
found  an  ample  supply  in  the  wreck  of  an  old  vessel 
that  lay  high  and  dry  in  a  belt  of  timber  at  least  five 
miles  back  from  the  gulf.  The  timbers  were  all  rotted 
away;  the  knotted  hearts  of  two  pine  trees  that  had 
once  been  masts  alone  remaining.  There  was  nothing 
to  give  a  clue  as  to  its  age  or  nationality.  It  had  evi- 
dently been  there  many  a  long  year,  probably  driven 
ashore  by  a  tidal  wave,  or  one  of  those  fierce  tornadoes 
which  sometimes  drive  the  water  far  out  over  the 
prairie." 

This,  of  course,  was  in  Austin's  colony  also.  Indeed, 
the  McNeals  were  not  the  first  to  build  a  cotton  gin 
or  to  produce  a  crop  of  cotton.  Jared  Groce  brought 
cotton  seed  with  him  when  he  migrated  with  his  slaves 
in  1822,  and  in  1825  he  erected  the  first  cotton  gin  in 
Texas.  Besides  Groce's  gin,  there  were  at  least  two 
others  in  Austin's  colony,  one  erected  by  James  E.  B. 
Austin,  Stephen's  brother,  at  the  time  Smithwick  was 
building  the  gin  for  the  McNeals. 

Finally,  Smithwick  went  to  the  town  of  San  Felipe 
de  Austin  itself.  "There  seeming  to  be  a  good  opening 
for  my  trade  in  San  Felipe,"  he  says,  "I  bought  a  set 
of  tools  from  George  Huff  on  the  San  Bernardo  and 
set  up  business  in  the  parent  colony  in  the  year  1828. 
In  the  absence  of  a  more  comprehensive  view,  a  pen 
picture  of  the  old  town  may  not  be  uninteresting.  The 
buildings,  all  being  of  unhewn  logs  with  clapboard 


194  A  HISTORY  OF  TEXAS 

roofs,  presented  few  distinguishing  features.  Stephen 
F.  Austin  had  established  his  headquarters  something 
like  half  a  mile  back  from  the  river  on  the  west  bank 
of  a  little  creek — Palmito — that  ran  into  the  Brazos 
just  above  the  main  village.  Just  above  Austin's  house 
was  the  farm  of  Joshua  Parker.  Austin's  house  was 
a  double  log  cabin  with  a  wide  'passage5  through  the 
center,  a  porch  with  dirt  floor  on  the  front  with  win- 
dows opening  upon  it,  and  chimney  at  each  end  of  the 
building.  In  this  vicinity  the  Ingram  brothers,  Seth 
and  Ira,  had  a  store,  with  them  being  associated  Hosea 
N.  League,  a  lawyer  by  profession,  who,  with  his  wife, 
lived  near  by.  .  .  .  Seth  Ingram,  a  surveyor,  laid  off  the 
town  of  San  Felipe.  William  Pettus,  better  known  as 
'Buck'  Pettus,  .  .  .  also  resided  in  a  suburban  villa  in 
the  'west  end.'  Going  on  down  to  the  town  proper, 
which  lay  along  the  west  bank  of  the  Brazos,  the  first 
house  on  the  left  was  my  bachelor  abode,  and  near  it, 
on  the  same  side,  stood  the  'village  smithy'  over  which 
I  presided.  Then  came  the  Peyton  tavern,  operated  by 
Jonathan  C.  Peyton  and  wife;  the  house  was  the  regu- 
lation double  log  cabin.  The  saloon  and  billiard  hall  of 
Cooper  and  Chieves,  the  only  frame  building  in  the 
place,  was  next  below  the  Peytons.  The  first  house 
on  the  right  as  you  entered  the  town  from  above  was 
Dinsmore's  store,  and  next  to  it  was  the  store  of  Walter 
C.  White.  The  office  of  the  'Cotton  Plant,'  the  first 
newspaper  in  the  colonies  (its  name  was  The  Texas 
Gazette,  and  it  was  founded  in  1829),  and  near  it  the 
residence  of  the  genial  proprietor,  Godwin  B.  Cotten, 
filled  the  space  between  White's  store  and  the  White- 
side hotel,  which  differed  from  its  companion  buildings 


MEXICO  INVITES  THE  WORLD  195 

only  in  point  of  elevation,  it  being  a  story  and  a  half 
in  height,  and  at  either  end  rose  a  huge  stick  and  mud 
chimney.  .  .  .  The  alcalde's  office  was  in  a  large  double 
log  house  standing  back  some  distance  from  the  main 
thoroughfare  almost  immediately  in  the  rear  of  the 
Whiteside  hotel,  which  building  it  much  resembled." 

There  were  twenty-five  or  thirty  buildings  in  all  in 
the  town  at  this  time,  Smithwick  says.  "It  must  not  be 
understood  that  these  rows  of  buildings  presented  an 
unbroken  or  even  regular  line  in  front;  every  fellow 
built  to  suit  himself,  only  taking  care  to  give  himself 
plenty  of  room,  so  that  the  town  was  strung  along  either 
side  of  the  road  something  like  half  a  mile." 

Three  stores,  a  blacksmith  shop,  two  hotels,  a  news- 
paper and  a  saloon  and  billiard  hall!  Certainly  civili- 
zation had  arrived  in  the  Texas  wilderness!  Such  was 
San  Felipe  de  Austin  between  1827  and  1829,  and  the 
entire  Austin  colony,  covering  a  territory  which  now 
comprises  about  twenty  Texas  counties,  was  developing 
proportionately.  Austin  introduced  more  colonists  than 
all  of  the  other  empresarios  taken  together,  and  the 
region  over  which  he  had  direction  became  the  cradle 
of  modern  Texas. 


CHAPTER  X. 

THE  DREAM  OF  HENRY  CLAY. 

"Most  of  the  good  land  from  the  Colorado  to  the 
Sabine  has  been  granted  by  the  State  of  (Coahuila  and) 
Texas  and  is  rapidly  peopling  with  either  grantees  or 
squatters  from  the  United  States,  a  population  they 
will  find  it  difficult  to  govern  and  perhaps  after  a  short 
period  they  may  not  be  so  averse  to  part  with  that 
portion  of  that  territory  (Texas)  as  they  are  at  present." 

Thus  wrote  Joel  R.  Poinsett,  American  minister  at 
Mexico  City,  to  Henry  Clay,  secretary  of  state,  on  July 
25,  1825.  The  "they"  referred  to  was  the  Mexican 
government,  and  the  specific  proposal  with  which  the 
communication  dealt  was  that  of  inducing  Mexico  to 
consent  to  a  change  of  the  boundary  from  the  Sabine 
to  a  line  somewhere  between  the  Brazos  and  the  Rio 
Grande.  Poinsett  expressed  the  opinion  that  the  matter 
had  better  be  delayed,  saying  that  it  would  be  important 
"to  gain  time  if  we  wish  to  extend  our  territory  beyond 
the  boundary  agreed  upon  by  the  treaty  of  1819." 

The  project  of  extending  the  territory  of  the  United 
States  beyond  the  Sabine  was  the  first  fruit  of  a  political 
alliance  between  John  Quincy  Adams  and  Henry  Clay, 
formed  immediately  following  the  presidential  elec- 
tion of  1824.  In  that  election  Andrew  Jackson  had 
received  a  plurality  of  the  electoral  votes,  but  a  majority 
being  necessary  to  elect,  the  question  of  naming  the 
president  was  thrown  into  the  house  of  representatives. 

197 


- 


198 A  HISTORY  OF  TEXAS 

The  electoral  vote  for  president  stood:  Andrew  Jack- 
son, of  Tennessee,  ninety-nine;  John  Quincy  Adams, 
of  Massachusetts,  eighty- four;  William  H.  Crawford, 
of  Georgia,  forty-one,  and  Henry  Clay,  of  Kentucky, 
thirty-seven.  In  spite  of  Jackson's  plurality,  the  house 
elected  Adams,  and  in  forming  his  cabinet  Adams 
named  Clay  as  his  secretary  of  state.  Clay  had  been 
one  of  those  who  denounced  as  a  surrender  of  American 
territory  the  treaty  of  1819,  which  Adams,  as  Monroe's 
secretary  of  state,  had  negotiated.  Adams  himself  had 
not  been  averse  to  including  Texas  within  the  bounda- 
ries of  the  United  States,  and  had  urged  this  in  nego- 
tiating the  treaty.  Upon  his  election  to  the  presidency 
under  such  untoward  circumstances,  it  became  impor- 
tant for  him  to  mend  his  political  fences  and,  having 
formed  an  alliance  with  Clay  to  this  end,  one  of  the 
first  measures  agreed  upon  between  them  was  that  of 
obtaining  an  extension  of  the  territory  of  the  United 
States  in  the  Southwest. 

Such  a  move  seemed  the  proper  one  to  make  from 
a  political  standpoint,  and  would  tend  to  gain  the  sup- 
port of  the  South  and  West.  The  Missouri  compromise 
had  provided  that  slavery  should  not  be  permitted  in 
new  states  carved  from  the  territory  west  of  the  Missis- 
sippi and  north  of  a  line  fixed  at  the  latitude  of  36°  30'. 
States  from  territory  south  of  that  line  should  be  slave 
states.  Practically  all  of  the  remaining  territory  in 
1825,  from  which  new  states  might  be  formed,  was 
north  of  the  Missouri  compromise  line,  and  the  prospect 
was  that  the  slaveholding  states  would  gradually  lose 
political  power  in  national  affairs  through  the  multi- 
plication of  new  states  in  that  territory.     Texas  was 


THE  DREAM  OF  HENRY  CLAY        199 

below  the  line  and,  if  added  to  the  public  domain,  would 
supply  material  for  new  slave  states  to  offset  the  new 
free  states  created  above  the  line.  The  acquisition  of 
Texas,  therefore,  began  to  become  an  important  matter 
in  relation  to  domestic  politics  in  the  United  States. 

Adams,  who  subsequently  became  the  most  violent 
opponent  of  the  annexation  of  Texas,  was  at  this  time 
not  unwilling  to  acquire  territory  west  of  the  Sabine — 
whether  for  reasons  of  political  expediency  or  because 
he  had  not  yet  developed  his  rabid  opposition  to  the 
extension  of  slavery,  it  is  unnecessary  to  discuss  here. 
With  Clay,  the  acquisition  was  a  pet  idea,  and  the  two 
came  to  an  agreement  that  the  effort  should  be  made. 

For  a  long  time  prior  to  the  signing  of  the  treaty 
of  1819,  it  had  been  a  favorite  theory  of  many  in  the 
Southwest  that  an  independent  Mexico  would  readily 
agree  to  transfer  Texas  to  the  United  States,  and  all 
of  the  activities  of  American  adventurers  on  Texas  soil 
during  the  decade  from  1810  to  1820  had  been  based 
on  this  assumption.  Once  let  Mexico  be  free  of  Spain, 
they  said,  and  Texas  would  come  to  the  United  States 
naturally.  Well,  Mexico  was  now  free  of  Spain,  and 
had  adopted  the  federal  republican  form  of  government 
in  imitation  of  that  of  the  United  States.  The  United 
States  had  recognized  that  government,  and  was  now 
sending  a  duly  accredited  minister  to  the  Mexican  capi- 
tal. Moreover,  the  United  States,  through  President 
Monroe,  had  practically  guaranteed  the  independence 
of  Mexico.  Surely  it  ought  not  to  be  difficult  to  revise 
the  boundary  line  between  the  two  countries,  especially 
as  Texas  would  never  be  of  much  use  to  Mexico  in 
any  event. 


200 A  HISTORY  OF  TEXAS 

Accordingly,  when  Joel  R.  Poinsett  was  sent  to  the 
Mexican  capital  in  the  summer  of  1 825  he  was  instruct- 
ed to  seek  to  obtain  treaties  of  commerce  and  boundaries 
between  the  two  countries.  He  was  to  acknowledge, 
of  course,  that  the  treaty  of  1819,  entered  into  by  the 
United  States  and  Spain,  was  binding,  but  that  if  Mex- 
ico had  no  serious  objections  to  a  revision  of  the 
boundaries  fixed  in  that  treaty,  he  should  suggest,  as  a 
starting  point,  that  the  line  be  fixed  somewhere  between 
the  Brazos  and  the  Rio  Grande.  The  Red  and  Arkansas 
rivers  and  their  tributary  streams  should  be  included 
in  the  territory  sought,  in  order  that  the  entire  water- 
shed of  the  Mississippi  might  be  within  the  boundaries 
of  the  United  States. 

Poinsett,  who  had  been  in  Mexico  before,  and  who 
had  performed  diplomatic  services  for  the  American 
government  in  other  Latin  American  countries  during 
the  revolutionary  period,  was  apparently  just  the  man 
to  accomplish  this  delicate  mission,  but  the  event  proved 
quite  otherwise.  He  was  indeed  a  polished  gentleman, 
a  thorough  Spanish  student  and  acquainted  with  Latin 
social  niceties.  But,  like  many  Americans  of  his  time, 
he  was  filled  with  the  notion  that  the  promotion  of 
"republican  principles"  was  a  heaven-given  mission, 
and  he  interfered  in  domestic  politics  in  Mexico  to  such 
a  degree  as  not  only  to  destroy  his  usefulness,  but  also 
to  promote  distrust  of  the  United  States,  which  be- 
came a  passion  with  Mexican  leaders  during  the  next 
decade.  However,  he  was  well  received,  and  the  rela- 
tions between  the  two  countries  began  on  an  amicable 
basis. 

Poinsett  presented  his  credentials  on  June  1,  1825, 


THE  DREAM  OF  HENRY  CLAY        201 

and  made  an  address  on  the  occasion  of  the  formal 
ceremony  to  a  room  "crowded  to  suffocation  with  sena- 
tors, members  of  congress  and  respectable  inhabitants 
of  the  city."  He  set  forth  that  among  the  things  he 
hoped  to  accomplish  was  the  negotiation  of  treaties  of 
commerce  and  boundaries.  According  to  the  British 
minister,  who  was  present,  the  intimation  that  a  treaty 
of  boundaries  was  desirable  "appeared  by  no  means  so 
palatable  as  the  preceding  part  of  his  speech,  if  one 
might  judge  by  the  looks  of  the  spectators,  who  are  well 
aware  of  the  difficulties  with  which  the  question  of 
boundaries  is  likely  to  be  attended."  That  this  estimate 
of  the  Mexican  attitude,  written  at  the  moment,  was 
well  founded  is  amply  demonstrated  by  the  fact  that 
in  less  than  sixty  days  Poinsett  himself  was  writing 
Clay  that  it  would  be  necessary  to  obtain  a  delay  for 
the  treaty  of  boundaries  if  the  line  of  1819  was  to  be 
changed.  Let  the  immigration  of  Americans  to  Texas 
continue.  The  Mexicans  would  discover  in  time  that 
they  were  troublesome  citizens,  and  they  might  be  glad 
to  get  rid  of  them.  This  was  the  new  theory  which 
Poinsett  put  forward  at  the  very  moment  that  the  for- 
mer theory  was  being  proved  false.  That  it  also  was 
a  false  theory  was  to  be  proved  later,  when  another 
president  of  the  United  States  decided  to  act  upon  it. 

The  whole  policy  of  the  United  States  with  respect 
to  Mexico  at  this  time  is  seen  now  to  have  been 
prompted  by  an  entire  lack  of  comprehension  of  the 
racial  characteristics  of  the  people  of  Mexico.  George 
Lockhart  Rives,  whose  monumental  work,  The  United 
States  and  Mexico — 1821-1848,  is  the  best  account 
of  the  relations  between  the  two  countries  during  this 


202 A  HISTORY  OF  TEXAS       

period,  says:  "The  fact  of  course  was  that  the  over- 
emphasis and  overconfidence  with  which  the  govern- 
ment of  the  United  States  had  repeatedly  asserted  its 
claims  to  Texas  had  very  naturally  led  Mexican  officials 
to  suppose  that  the  American  minister  was  desirous  of 
reopening  the  old  controversy.  Nor  could  they  reason- 
ably have  been  expected,  when  that  delusion  was 
removed  from  their  minds,  to  agree  to  surrender  any 
part  of  their  acknowledged  national  domain  to  a  foreign 
government.  Even  absolute  monarchs,  as  the  experi- 
ence of  the  United  States  with  France  and  Spain  had 
abundantly  shown,  were  not  always  easy  to  deal  with; 
and  a  government  whose  existence  depended  in  any 
degree  on  popular  opinion  had  never  been  known  to 
part  with  territory,  except  as  the  result  of  unsuccessful 
war."  There  never  was  a  chance  from  the  beginning 
that  any  Mexican  government  would  cede  Texas,  or 
any  part  of  it,  to  the  United  States,  no  matter  what 
the  consideration. 

But  Clay  had  no  appreciation  of  this  circumstance, 
and  when  the  Mexicans  pursued  dilatory  tactics,  which 
Poinsett  thought  it  wise  to  fall  in  with,  in  order  to  gain 
time  for  the  growth  of  American  settlements  in  Texas, 
the  American  secretary  of  state  instructed  his  repre- 
sentative at  the  Mexican  capital  to  offer  one  million 
dollars  for  all  of  Texas  to  the  Rio  Grande.  Poinsett 
regarded  this  offer  as  so  unacceptable  that  he  never 
presented  it.  The  Mexicans,  on  their  part,  became  so 
suspicious  of  the  intentions  of  the  United  States  that, 
when  a  treaty  of  commerce  was  submitted  to  the  cham- 
ber of  deputies  for  ratification,  that  body  refused  to 
consider  it  until  a  clause  should  be  inserted  specifically 


THE  DREAM  OF  HENRY  CLAY 203 

recognizing  the  boundaries  fixed  in  the  treaty  of  1819. 
This  was  done,  but  delays  in  ratification  of  this  treaty 
left  the  whole  matter  still  open  when  Adams  went  out 
of  office  in  1829. 

Meantime,  however,  Poinsett  had  made  himself  so 
obnoxious  to  certain  political  elements  in  Mexico  as  to 
occasion  a  formal  demand  in  party  declarations  for  his 
expulsion  from  the  country.  Without  authority  from 
the  American  government  he  had  taken  active  part  in 
the  internal  politics  of  Mexico.  It  happened  that  fol- 
lowing the  overthrow  of  Iturbide,  those  who  still 
favored  a  monarchy — men  of  wealth  and  of  leadership 
in  professional  and  business  circles — were  found  to  be 
among  the  leading  members  of  the  Masonic  lodges. 
Masonry  had  been  introduced  into  Mexico  by  way  of 
Spain  and  France  during  the  previous  twenty  years,  the 
lodges  being  of  the  Scottish  rite.  Finding  themselves 
thus  thrown  together  in  an  existing  organization,  the 
opponents  of  republicanism  soon  began  to  debase  the 
lodges  into  political  bodies  for  the  furtherance  of  their 
governmental  ideas.  This  situation  was  soon  recognized 
by  the  republicans  and  the  need  of  a  counter-organiza- 
tion of  similar  character  began  to  be  felt.  It  was  at 
this  point  that  Poinsett  injected  himself.  He  proposed 
that  lodges  of  the  York  rite  be  organized  and  de- 
voted to  the  furtherance  of  republican  principles.  The 
idea  was  taken  up  with  enthusiasm,  and  Poinsett  took 
an  active  part  in  launching  the  movement.  Soon  York 
rite  lodges  were  being  formed  in  all  parts  of  the  re- 
public, and  before  long  the  country  was  divided  into 
two  political  parties,  designated  by  the  names  of  the 
two  branches  of  Masonry — the  Escoceses  and  the  Yor- 


204  A  HISTORY  OF  TEXAS 

kinos.  It  was  generally  known,  of  course,  that  the 
American  minister  was  concerned  with  the  launching 
of  the  Yorkino  movement,  and  that  many  Mexican 
leaders  should  draw  the  inference  that  the  American 
government  itself  was  interfering  in  the  internal  affairs 
of  the  country  was  only  natural.  The  net  effect  of 
Poinsett's  activities  was  to  increase  suspicion  of  the 
intentions  of  the  United  States  among  the  Mexicans. 
It  was  clear  that  the  United  States  coveted  Texas,  and 
the  delay  in  settling  the  question  of  boundaries,  though 
Mexico  was  chiefly  responsible  for  it,  served  to  keep 
alive  the  fear  that  the  territory  between  the  Rio  Grande 
and  the  Sabine,  or  a  good  part  of  it,  was  in  danger. 

Poinsett  himself  gave  a  description  of  this  feeling, 
so  far  as  it  involved  suspicion  of  the  United  States,  in 
a  dispatch  to  President  Adams  defending  his  course. 
"They  regard  the  United  States,"  he  wrote,  "with  dis- 
trust and  the  most  unfounded  jealousy — a  feeling 
which,  I  am  sorry  to  say,  still  exists,  and  which,  during 
the  present  administration,  can  not  be  changed.  It  is 
in  vain  that  I  represent  the  disinterested  and  generous 
conduct  of  the  United  States  towards  these  countries 
and  assure  them  that  so  far  from  our  regarding  their 
property  with  envy  (as  they,  with  unequalled  vanity, 
suppose)  we  are  most  desirous  that  the  Mexican  states 
should  augment  in  wealth  and  in  power,  and  that  they 
may  become  more  profitable  customers  and  more  efficient 
allies.  The  government  has  been  taught  to  believe  that, 
because  the  United  States  and  Mexico  border  upon  each 
other,  they  are  destined  to  be  enemies.  .  .  .  The  most 
bitter  hatred  of  the  United  States  existed  long  before 
my  arrival  in  this  country ;  so  much  so  that  two  of  the 


THE  DREAM  OF  HENRY  CLAY        205 

ministers  of  state  had  declared  in  secret  sessions  of  con- 
gress that  Mexico  ought  to  regard  the  United  States  as 
her  natural  enemies." 

In  justice  to  the  Mexicans  it  ought  to  be  said  that 
this  hatred  of  the  United  States  had  grown  up  during 
the  period  of  armed  invasions  of  the  province  of  Texas 
by  American  adventurers.  It  was  a  feeling  that  the 
Mexican  territory  bordering  on  the  United  States  was 
not  safe,  and  the  treaty  of  1819  supplied  a  basis  for 
the  building  up  of  a  new  confidence  in  the  United  States 
among  the  Mexicans.  Stephen  Austin  had  begun  to 
build  on  that  basis,  and  had  so  far  succeeded  as  to  bring 
about  the  opening  of  Texas  to  colonization  by  Anglo- 
Americans.  But  when  the  first  minister  sent  by  the 
United  States  to  the  new  republic  began  his  work  by 
suggesting  a  revision  of  the  boundary  fixed  in  the  treaty 
of  1819,  what  were  Mexicans  to  think?  That  they 
should  be  suspicious  and  envious  of  the  United  States 
was  not  unnatural.  It  is  the  usual  feeling  of  a  weaker 
race  living  next  to  a  stronger  one  of  different  tradi- 
tions and  characteristics.  The  Mexican  leaders  had 
seen  the  United  States  more  than  double  its  area  during 
the  previous  twenty-five  years,  and  every  inch  of  the 
new  territory  annexed  had  been  Spanish  in  1800.  The 
United  States  now  wanted  part  of  Texas,  and  the  Mexi- 
cans were  unwilling  to  give  up  territory  acknowledged 
under  the  laws  of  nations  to  be  part  of  their  national 
domain.  That  this  was  a  dog-in-the-manger  attitude, 
so  far  as  Texas  was  concerned,  is  clear  to  everybody 
today,  for  the  Mexicans  could  never  succeed  in  rescuing 
Texas  from  its  wilderness  state,  and  Clay's  instructions 
to  Poinsett  were  founded  on  the  facts  of  the  situation 


206  A  HISTORY  OF  TEXAS 

when  they  pointed  out  that  the  ceding  of  part  of  Texas 
to  the  United  States  would  be  the  most  certain  way  to 
cement  a  lasting  friendship  between  the  two  countries. 
But  those  instructions  were  not  based  upon  a  compre- 
hension of  Mexican  character.  To  the  Mexicans  the 
proposal  appeared  very  much  like  saying,  "You  give 
me  what  I  want  and  I'll  let  you  alone,"  and  the  Mexican 
make-up  was  such  that  this  suggestion  stirred  in  them 
the  deepest  resentment.  If  there  was  justice  in  Poin- 
sett's complaint  that  the  Mexicans  did  not  understand 
the  Americans,  it  can  be  said  with  equal  justice  that  the 
American  government  did  not  understand  the  Mexicans. 

It  is  not  improbable  that  the  British  minister  at  Mex- 
ico City,  Henry  George  Ward,  did  his  share  toward 
stimulating  among  Mexican  leaders  this  feeling  against 
the  United  States.  Indeed,  there  is  reason  to  believe  that 
he  began  to  implant  among  them  the  idea  that  the  whole 
colonization  policy  in  Texas  was  a  mistake  and  danger- 
ous to  the  safety  of  the  territory  of  the  republic.  His 
dispatches  to  his  home  government  disclose  his  attitude 
and,  it  being  his  task  to  defeat  the  American  desire  for 
more  territory,  it  is  practically  certain  he  expressed  such 
views  also  to  his  friends  among  the  public  men  in  Mex- 
ico. On  September  6,  1825,  he  wrote  Canning,  the 
British  foreign  minister,  as  follows: 

"On  the  most  moderate  computation,  six  hundred 
North  American  families  are  already  established  in 
Texas  j  their  numbers  are  increasing  daily,  and  though 
they  nominally  recognize  the  authority  of  the  Mexican 
government,  a  very  little  time  will  enable  them  to  set  at 
defiance  any  attempt  to  enforce  it." 

Ward  described  the  settlers  as  "backwoodsmen — a 


THE  DREAM  OF  HENRY  CLAY        207 

bold  and  hardy  race,  but  likely  to  prove  bad  subjects, 
and  most  inconvenient  neighbors."  "In  the  event  of  a 
rupture  between  this  country  and  the  United  States," 
he  continued,  "their  feelings  and  earlier  connections  will 
naturally  lead  them  to  side  with  the  latter;  and  in  time 
of  peace  th&ir  lawless  habits,  and  dislike  of  all  restraints, 
will,  as  naturally,  induce  them  to  take  advantage  of  their 
position,  which  is  admirably  adapted  for  a  great  smug- 
gling trade,  and  to  resist  all  attempts  to  repress  it.  In 
short,  Mexico,  though  she  may  gain  in  point  of  num- 
bers, will  not,  certainly  acquire  any  real  strength,  by 
such  an  addition  to  her  population.  .  .  .  Were  but  one 
hundredth  part  of  the  attention  paid  to  practical  en- 
croachment, which  will  be  bestowed  upon  anything  like 
a  verbal  cession,  Mexico  would  have  little  to  fear." 

Rives,  from  whose  work  this  quotation  is  taken,  re- 
marks that  it  was  hardly  fair  to  speak  of  the  "lawless 
habits  and  dislike  of  all  restraints"  of  the  settlers.  "They 
were,  in  fact,  always  ready  to  conform  to  laws  which 
they  understood,  but  that  had  been  their  custom  and 
the  custom  of  their  fathers  for  many  generations.  They 
would  never  submit  to  the  domination  of  a  race  they  re- 
garded as  inferior.  They  despised  Mexicans  as  they 
despised  negroes  and  Indians,  and  they  calmly  ignored 
Mexican  laws.  They  were  industrious  and  brave,  and 
their  morality,  on  the  whole,  stood  high.  The  political 
conditions  of  their  existence  were  already  difficult,  and 
were  certain  to  become  more  and  more  so,  as  the  dispro- 
portion increased  between  the  numbers  and  wealth  of 
the  colonists  on  the  one  hand,  and  of  the  Mexicans  on 
the  other.  On  the  side  of  the  Mexicans  was  legal  au- 
thority, backed  by^the  distant  and  deeply  distracted  gov- 


208  A  HISTORY  OF  TEXAS 

ernment  in  the  City  of  Mexico;  on  the  side  of  the  new- 
comers were  industry,  frugality,  intelligence,  courage, 
and  a  great  preponderance  of  numbers  within  the  terri- 
tory itself.     A  struggle  was  inevitable." 

Whether  in  different  circumstances  a  struggle  would 
have  been  inevitable,  it  would  be  futile,  perhaps,  to 
speculate  now.  Of  one  thing  there  should  be  no 
mistake,  however,  and  that  is  that  Stephen  Austin's  good 
faith  with  Mexico  is  above  question.  His  whole  course 
was  based  upon  the  assumption  that  the  treaty  of  1819 
settled  the  boundary  between  Mexico  and  the  United 
States.  He  believed  it  was  possible  for  Americans  to  be 
settled  in  Mexican  territory  without  endangering  Mexi- 
can sovereignty  over  that  territory.  He  came,  in  time, 
to  recognize  the  difficulties  of  the  experiment,  and  the 
almost  insurmountable  obstacles  placed  in  the  way  of  its 
success  by  the  radical  and  fundamental  differences  of 
race  and  character  of  the  Americans  and  the  Mexicans. 
Indeed,  he  soon  recognized  these  to  be  the  chief  elements 
of  his  own  problem  in  performing  his  manifold  duties 
as  empresario,  chief  judge,  head  of  the  militia  and  gen- 
eral go-between.  "I  had  an  ignorant,  whimsical,  selfish 
and  suspicious  set  of  rulers  over  me  to  keep  good-na- 
tured," he  wrote  in  1 829,  "a  perplexed,  confused  coloni- 
zation law  to  execute,  and  an  unruly  set  of  North 
American  frontier  republicans  to  control,  who  felt  that 
they  were  sovereigns,  for  they  knew  they  were  beyond 
the  arm  of  the  government,  or  of  the  law,  unless  it 
pleased  them  to  be  controlled." 

Austin  believed,  however,  that  in  spite  of  these  differ- 
ences, it  would  be  possible  to  "redeem  Texas  by  means 
of  the  plough"  and  make  the  fortunes  of  his  colonists, 


HENRY   CLAY. 


THE  DREAM  OF  HENRY  CLAY        209 

while  at  the  same  time  making  his  own.  He  was  not 
concerned  with  any  of  the  plans  for  the  expansion  of 
American  territory  into  Texas.  He  did  not,  as  some 
have  thought,  look  forward  to  "the  inevitable  time" 
when  Texas  would  be  part  of  the  United  States.  On 
the  contrary,  he  was  in  thought  and  deed  a  loyal  citizen 
of  Mexico,  and  it  is  upon  this  fact  more  than  any  other 
that  the  legality  of  the  separation  of  Texas  from  Mexico 
is  based.  What  would  be  the  future  destiny  of  Texas, 
time  would  decide.  His  one  supreme  aim  was  to  have 
Texas  populated  with  Anglo-Americans,  to  accomplish 
this  in  a  legal  and  orderly  manner,  and  to  trust  to  that 
population  to  take  care  of  itself  in  whatever  vicissitudes 
the  future  might  bring.  What  might  have  happened 
in  different  circumstances  it  would  be  idle  to  speculate 
but  the  development  in  American  politics  of  a 
situation  which  made  the  acquisition  of  Texas  desir- 
able to  a  strong  faction,  and  the  growing  distrust  of  the 
United  States  among  Mexican  leaders  were  elements  in 
the  problem  of  the  future  of  his  colonists  in  Texas  which 
Austin  had  not  foreseen.  Had  these  elements  been  ab- 
sent, had  nobody  in  the  United  States  been  actuated  by 
a  desire  to  acquire  Texas  and  had  the  relations  between 
the  two  countries  been  those  of  mutual  confidence  and 
friendship,  it  might  have  been  possible  for  an  Anglo- 
American  Texas  to  have  remained  part  of  the  Mexican 
republic.  Indeed,  the  time  might  have  come  when  it 
would  have  ruled  all  Mexico  in  industry,  in  commerce 
and  in  government.  But  anything  of  this  sort  was  as 
far  from  Austin's  mind  as  any  thought  of  detaching 
Texas  from  Mexico.  He  looked  forward  to  the  time 
when  Texas  would  "possess  the  necessary  elements"  to 


210 A  HISTORY  OF  TEXAS 

become  a  separate  state  from  Coahuila  and,  with  a  maxi- 
mum of  self-government  secure  for  its  Anglo-American 
citizens,  its  future  would  be  safe. 

What  should  be  noted  here  is  that  it  was  the  confi- 
dence inspired  by  Austin,  the  wide  ramifications  of  the 
personal  relations  he  established  with  Mexican  leaders 
and  his  evident  good  faith  with  respect  to  Mexico, 
coupled  with  the  treaty  of  1819  definitely  fixing  the 
boundaries  between  the  United  States  and  Mexico,  that 
determined  the  colonization  policy  which  opened  Texas 
to  Anglo-Americans.  But  just  as  that  policy  was  get- 
ting under  way,  and  Anglo-Americans  were  being  estab- 
lished in  Texas,  other  influences  came  into  play.  It  shall 
be  seen  presently  that  events  which  took  place  in  Texas 
which  ought  to  have  had  the  effect  of  proving  to  Mex- 
ican leaders  the  wisdom  of  the  colonization  policy  had 
quite  the  opposite  effect,  due  to  those  other  influences. 
The  simple  elements  of  the  situation  when  Austin's 
colony  was  established  consisted  of  the  maintenance  of 
good  faith  between  the  settlers  and  the  Mexican  govern- 
ment. But  from  1825  onward  the  growing  distrust 
among  Mexicans  with  respect  to  the  intentions  of  the 
American  government  and  the  increasing  importance  of 
the  question  of  the  acquisition  of  Texas  as  a  political 
factor  in  the  United  States  entered  to  greater  and  ever 
greater  degree  as  elements  in  the  situation. 

The  true  tradition  of  Texas,  however,  is  through  Aus- 
tin, down  to  the  very  moment  of  the  achievement  of  in- 
dependence. Without  Austin  there  would  have  been  no 
colonization  of  Texas  worth  the  name.  Indeed,  it  is 
doubtful  if  there  would  have  been  such  a  colonization 
policy  as  Mexico  adopted.    And,  without  the  coloniza- 


THE  DREAM  OF  HENRY  CLAY        211 

tion  of  Texas,  the  other  influences  would  hardly  have 
brought  about  the  legal  detachment  of  Texas  from  Mex- 
ico short  of  actual  conquest.  Henry  Clay's  dream  of  the 
peaceful  purchase  of  Texas  was  a  chimera.  In  spite  of 
the  voluminous  diplomatic  correspondence  on  the  ques- 
tion, there  is  to  be  found  today  not  a  shred  of  evidence 
warranting  the  belief  that  any  Mexican  government 
ever  would  have  sold  Texas.  The  American  efforts  to 
bring  about  such  a  sale  served  chiefly  to  complicate  Aus- 
tin's problems  by  affecting  the  attitude  of  Mexican  lead- 
ers toward  the  Anglo-American  settlers.  An  increasing 
number  of  Mexicans  began  to  regard  the  colonization 
policy  as  dangerous  and,  as  will  be  seen  in  subsequent 
chapters,  this  feeling  caused  them  to  regard  as  part  of 
an  American  scheme  to  seize  Texas  an  event  which  in 
reality  was  decisive  proof  of  the  good  faith  of  the 
Anglo-American  settlers.  That  event  was  the  so-called 
Fredonian  war. 


CHAPTER  XL 

ENTER   HAYDEN   EDWARDS. 

In  January,  1826,  Austin  made  a  trip  to  the  coast  for 
the  purpose  of  exploring  Galveston  island  with  a  view 
to  finding  a  suitable  site  for  a  port,  which  he  had  peti- 
tioned the  government  to  establish.  While  on  this  expe- 
dition he  visited  the  settlement  on  the  San  Jacinto,  which 
was  part  of  his  colony,  about  thirty  families  of  the  "old 
three  hundred"  having  located  in  that  vicinity.  Austin 
found  the  settlers  there  in  a  state  of  general  excitement 
and  very  much  disturbed  over  the  question  of  the  valid- 
ity of  the  titles  to  their  lands.  Hayden  Edwards,  one 
of  the  empresarios,  they  said,  had  threatened  to  put  them 
off  their  lands  unless  they  paid  him  the  price  which  he 
had  fixed  for  land  within  the  limits  of  his  grant.  They 
held  titles  from  Austin,  which  had  been  issued  by  Baron 
de  Bastrop  not  only  before  the  state  colonization  law 
had  been  passed,  but  even  before  the  legislature  which 
passed  it  had  been  organized.  They  were  discussing 
the  project  of  sending  a  petition  to  the  political  chief 
at  San  Antonio,  praying  for  protection  in  their  rights 
against  Edwards.  Upon  Austin's  arrival  in  their  midst 
they  immediately  besieged  him  with  inquiries  as  to  the 
right  course  to  adopt  in  the  matter. 

Austin  told  the  colonists  they  had  nothing  to  fear 
from  Edwards.  It  was  not  necessary,  he  assured  them,  to 
send  any  petition  to  San  Antonio,  for  they  had  good  and 
valid  titles  to  their  lands,  and  he,  both  as  empresario  and 

213 


214  A  HISTORY  OF  TEXAS 

as  a  civil  officer  of  Mexico,  was  charged  with  the  duty 
of  protecting  them  in  their  rights.  He  advised  them 
to  pay  no  attention  to  Edwards.  Threats  could  not  af- 
fect their  titles,  and  so  far  only  threats  had  been  made. 
But,  if  Edwards  should  go  further  and  should  attempt 
to  take  any  steps  to  evict  them  from  their  lands,  it  would 
be  time  enough  to  act  then.  Austin  told  the  settlers  in 
such  event  they  should  notify  him  immediately  and  he 
would  do  whatever  was  necessary  to  protect  them.  But 
he  cautioned  them  against  appealing  to  the  Mexican 
authorities,  saying  that  such  a  course  would  be  highly 
improper. 

It  happened  that  the  government  had  directed  that 
elections  for  militia  officers  should  be  held  in  all  the 
districts  of  the  colony  about  this  time,  and  Austin  had 
fixed  the  date  on  March  4.  In  accordance  with  this 
order,  he  instructed  the  settlers  on  the  San  Jacinto  to 
gather  on  that  day  for  the  election.  Then,  after  further 
reassuring  them  in  the  matter  of  their  titles,  Austin 
returned  to  San  Felipe. 

After  his  arrival  home,  Austin  received  the  following 
letter  from  Hayden  Edwards: 

"Mr.  Munson's,  Trinity,  Feb.  28,  1826. 
"To  Colonel  Stephen  F.  Austin,  San  Felipe  de  Austin, 

Brazos. 

"Colonel  Austin: — Having  heard  of  your  expedition 
to  the  island,  I  made  every  exertion  in  my  power  to  join 
you  there,  but  failed  in  procuring  a  conveyance  until  I 
heard  of  your  return.  I  then  went  to  the  bay  by  land; 
a  very  unpleasant  trip  owing  to  the  weather  and  rotten- 
ness of  the  prairies;  there  again  heard  you  were  to  leave 


ENTER  HAYDEN  EDWARDS  215 

Mr.  Scott's,  on  the  day  of  my  arrival  there,  for  home. 
Returning  to  the  Trinity,  I  heard  again  that  you  were 
to  attend  a  meeting  on  the  San  Jacinto  on  the  4th  of 
March,  ordered  by  yourself,  in  order  to  present  a  memo- 
rial against  me  to  the  government  for  asking  my  colo- 
nists more  than  the  government  tax  on  the  lands,  propa- 
gated here  in  my  absence  by  Mr.  Rankin.  This  I 
placed  no  confidence  in,  not  believing  that  Colonel  Aus- 
tin could  be  capable  of  using  any  measures  to  the  injury 
of  the  other  empresarios. 

"As  to  my  conditions,  I  feel  myself  perfectly  justi- 
fied by  that  article  of  the  securing  contracts  made  be- 
tween the  settlers  and  the  empresarios,  and  I  feel  myself 
more  than  doubly  justified  in  asking  what  I  do,  for  the 
good  of  the  colony  and  of  the  government  in  general,  as 
you  must  admit  as  a  candid  man  that  one  colonist  that 
is  willing  and  able  to  pay  for  the  lands  as  offered  is 
worth  fifty  of  those  indolent  idlers  who  barely  live  to 
exist,  and  have  no  ambition  or  enterprise  further.  If 
you  would  do  me  the  pleasure  of  coming  to  see  me,  I  will 
show  you  that  my  families  are  already  engaged  at  my 
prices,  and  are  unwilling  that  I  should  permit  others  to 
settle  upon  less  terms,  being  satisfied  of  the  disadvan- 
tages arising  to  the  country  from  such  a  course.  The 
honest  and  industrious  already  in  the  country  are  of  the 
same  opinion,  and  have  complied  with  the  terms  al- 
ready. 

"I  am  constantly  told  by  those  worthless  idlers  that 
Judge  Austin  gives  lands  at  congress  prices,  and  says  we 
have  no  right  to  ask  or  receive  more.  I  have  never  paid 
any  attention  to  their  assertions,  believing  them  to  be 
fabrications,  only  replying  to  them  to  get  lands  of  you. 


216 A  HISTORY  OF  TEXAS 

I  have  no  doubt  but  there  are  hundreds  of  lies  told  you, 
perhaps  in  the  same  way,  in  order,  as  I  have  understood 
they  have  said,  if  they  could  get  the  empresarios  at  va- 
riance they  would  be  able  to  reap  a  benefit.  I  hope  you 
will  give  me  the  earliest  information  of  your  discoveries 
to  our  advantage  in  your  trip  to  the  island,  and  should 
you  be  disturbed  by  any  part  of  my  conduct,  that  you 
will  be  candid  enough  to  state  your  objections  to  me 
before  taking  any  measures  unfriendly.  I  expect  to 
meet  Colonel  Leftwich  on  my  return  to  Nacogdoches, 
and  should  feel  very  happy  if  we  could  all  have  a  meet- 
ing to  promote  the  best  interests  of  the  country. 
"I  am  respectfully  your  friend, 

"Hayden  Edwards." 

Upon  receiving  this  communication,  and  noting  the 
invitation  to  be  candid  should  he  be  disturbed  by  any 
part  of  Edwards's  conduct,  Austin  wrote  a  reply,  which 
throws  so  much  light  on  the  situation  leading  up  to  the 
trouble  between  Edwards  and  the  government  that  it  is 
reproduced  here  in  full.  Austin's  reply  was  as  follows: 
"To  Colonel  Hayden  Edwards,  Nacogdoches. 

"Dear  Sir: — I  have  just  received  yours  of  the  28th  of 
February,  and  hasten  to  note  its  contents.  In  regard  to 
Galveston,  I  found  a  good  entrance  of  twelve  feet  and 
a  safe  harbor  and  good  anchorage  in  seven  and  eight 
fathoms,  opposite  the  old  town.  The  harbor  is  a  safe 
one,  but  the  site  is  inconvenient  for  a  town,  owing  to  its 
low  situation  and  scarcity  of  wood  and  fresh  water. 

"In  regard  to  the  report  you  heard,  that  I  had  ordered 
a  meeting  of  the  inhabitants  of  the  San  Jacinto  on  the 
4th  of  March  to  present  a  memorial  to  the  government 


ENTER  HAYDEN  EDWARDS  217 

against  you,  all  I  have  to  say  is  that  the  report  is  false. 
In  the  month  of  January  I  ordered  elections  all  over 
the  colony  on  the  4th  of  March  for  militia  officers,  in 
conformity  with  orders  from  the  government,  and  on 
my  arrival  on  the  San  Jacinto  I  found  the  people  there 
highly  excited  against  you,  in  consequence  of  threats 
you  had  made  to  drive  them  off  the  land,  for  which 
they  had  received  titles  in  this  colony,  unless  they  would 
pay  you  your  price;  and  they  informed  me  that  they 
intended  to  petition  the  government.  I  very  plainly 
told  them  that  Colonel  Edwards  had  nothing  to  do  with 
them;  he  had  the  settlement  of  the  vacant  lands  remain- 
ing on  the  east  side  of  the  San  Jacinto,  but  the  titles 
already  issued  on  that  side  were  issued  under  an  express 
order  of  the  government  and  provincial  deputation  of 
Texas,  and  were  as  valid  as  any  others;  that  it  was  un- 
necessary and  improper  for  them  to  draw  up  any  peti- 
tion on  the  subject  to  the  government  at  this  time, 
because  you  had  as  yet  proceeded  no  further  than  threats, 
but  if  you  should  attempt  to  carry  those  threats  into  exe- 
cution by  actually  disturbing  them  in  their  possessions, 
I  requested  them  to  give  me  immediate  information 
thereof,  for  it  was  my  duty,  both  as  a  civil  officer  and 
as  empresario,  to  protect  their  rights,  and  I  should  do  so. 
"This  is  all  that  passed  on  the  subject,  except  to  one 
man,  who  pointedly  asked  me  whether  you  had  a  rou- 
lette-table in  Mexico  or  not;  truth  compelled  me  to  say 
that  you  had.  I  will  here,  with  perfect  candor  and  in 
friendship,  remark  that  your  observations  generally  are 
in  the  highest  degree  imprudent  and  improper,  and  such 
as  are  calculated  to  ruin  yourself  and  materially  to  in- 
jure all  the  American  settlements;   for  example,  you 


218  A  HISTORY  OF  TEXAS 

have  publicly  stated  that  you  could  have  procured  a 
grant  for  all  the  land  on  the  east  side  of  the  Brazos, 
and  taken  it  from  the  settlers,  as  you  intended  to  do  on 
the  east  side  of  the  San  Jacinto;  that  Saucedo  was  not 
governor  or  political  chief  of  Texas  and  had  no  right 
to  act,  and  that  his  orders  were  illegal;  that  the  Span- 
iards around  Nacogdoches  were  a  set  of  'Washenangos,' 
and  that  you  would  put  them  all  over  the  Sabine;  that 
you  had  the  absolute  right  of  disposing  of  the  land 
within  your  colony  as  you  pleased,  and  the  government 
would  not  make  any  grants,  nor  in  any  way  interfere 
with  you  for  six  years;  that  you  despised  the  class  of 
people  who  were  now  settlers  in  the  country,  and  only 
wanted  rich  men,  and  would  drive  away  all  the  poor 
devils  who  had  been  the  first  to  settle,  unless  they  paid 
you  your  price.  And,  finally,  it  has  been  very  currently 
reported  that  you  had  stated  many  other  things  which, 
if  repeated  to  the  government,  would  be  highly  offen- 
sive to  them,  but  which  I  do  not  mention  here  because 
I  do  not  believe  you  ever  stated  them. 

"One  moment's  sober  reflection  will  show  you  the  im- 
prudence and  impropriety  of  such  declarations  as  those 
above  mentioned. 

"The  only  answer  I  have  made  when  told  that  Colonel 
Edwards  was  ridiculing  deeds  issued  in  this  colony,  and 
threatening  to  drive  off  the  settlers  on  the  San  Jacinto, 
and  boasting  he  could  have  had  the  power  of  driving  off 
those  on  the  Brazos,  was  that  I  was  accountable  to 
the  government  for  my  acts,  and  not  to  Colonel  Ed- 
wards, and  that  such  declarations  displayed  a  very  great 
want  of  common  sense  as  well  as  candor  on  his  part,  for 
they  were  calculated  to  injure  himself  by  weakening 


ENTER  HAYDEN  EDWARDS  219 

the  confidence  of  the  people  in  the  acts  of  agents  of 
the  government  generally,  and  it  was  a  want  of  candor 
to  threaten  the  San  Jacinto  settlers  behind  my  back,  and 
say  nothing  about  them  to  me  in  person. 

"The  truth  is,  you  do  not  understand  the  nature  of 
the  authority  with  which  you  are  vested  by  the  govern- 
ment, and  it  is  my  candid  opinion  that  a  continuance  of 
the  imprudent  course  you  have  commenced  will  totally 
ruin  you,  and  materially  injure  all  the  new  settlements. 

"These  remarks  are  made  in  perfect  friendship,  al- 
though with  blunt  candor,  and  as  such  I  hope  will  be 
received.  I  have  taken  no  steps  to  injure  you  in  any 
way,  nor  will  I,  unless  you  interfere  with  the  vested 
rights  of  the  settlers  of  this  colony.  I  have  made  no 
representations,  nor  ever  had  an  idea  of  making  any. 

"I  have  not  said,  even  to  my  brother,  as  much  about 
you  as  I  have  now  stated  in  this  letter.  If  you  will  ask 
Mr.  Dee  to  show  you  a  letter  I  wrote  him  some  time 
since,  in  answer  to  one  of  his  letters  requesting  a  copy 
of  the  colonization  laws,  you  will  see  that,  instead  of 
fomenting  discontent  against  you,  I  said  all  I  could  to 
promote  harmony.  It  has  been  a  misfortune  with  all 
the  empresarios,  myself  among  the  rest,  that  we  have 
to  be  governed  by  a  law  that  is  rather  difficult  to  un- 
derstand, and  in  many  particulars  susceptible  to  various 
constructions;  this  is  of  itself  a  frightful  source  of  dif- 
ficulty, so  much  so,  that  the  utmost  caution  and  pru- 
dence may  not  in  every  instance  be  able  to  avoid  it.  I 
have  learned  caution  from  past  experience,  and  have 
in  consequence  written  to  the  government  that  if  they 
would  send  me  a  fee-bill,  stating  in  detail  and  in  full  all 
the  expenses  that  were  to  be  paid  by  the  settlers  on  their 


220 A  HISTORY  OF  TEXAS 

lands,  and  also  send  a  commissioner  here  to  remain  and 
attend  to  his  part  of  the  duty,  that  I  was  ready  to  attend 
to  my  part  as  empresario;  but  until  high  definite  instruc- 
tions were  received  by  me,  and  a  commissioner  ap- 
pointed, I  should  decline  having  anything  more  to 
do  with  the  settlement  of  a  new  colony,  for  I  did  not 
feel  myself  authorized,  under  the  new  law,  to  make 
any  survey  without  the  approbation  of  the  commissioner, 
and  I  should  have  nothing  to  say  about  the  price  of 
land  at  all — the  government  must  fix  it ;  they  must  give 
positive  instructions  as  to  every  particular,  and  I  was 
ready  to  obey  them. 

"You  may,  perhaps,  think  that  I  am  too  blunt  and 
candid  in  my  remarks,  but  there  is  one  thing  you  must 
believe,  or  else  do  me  an  injustice,  my  candor  proceeds 
from  friendship  and  not  from  any  desire  to  censure  or 
to  wound  your  feelings,  and  I  advise  you  to  be  more 
prudent  in  your  remarks  and  observations  generally.  You 
have  an  extremely  difficult  and  laborious  task  to  per- 
form; you  will  be  watched  with  a  jealous  eye  by  every 
one,  and  the  most  innocent  expression  will  be  misunder- 
stood or  wilfully  perverted,  and  nothing  will  injure  you 
more  than  direct  collisions  with  the  old  Spanish  settlers 
in  your  colony,  and  I  would  advise  the  utmost  prudence 
with  them  in  particular. 

"I  wish  you  to  understand  distinctly  that  there  is  no 
excitement,  no  irritation  nor  any  unfriendly  feeling  of 
any  kind  in  me  against  you;  that  the  plain  language 
of  this  letter  proceeds  from  friendship  and  a  sincere 
desire  to  see  you  prosper  in  the  arduous  undertaking 
of  settling  a  new  colony,  and  that  these  remarks  are 
only  made  to  yourself,  and  not  to  any  other  person. 


ENTER  HAYDEN  EDWARDS  221 

I  have  myself  felt  the  want  of  blunt  and  candid 
advice  -y  it  is,  however,  a  species  of  counsel  that  is 
seldom  well  received  or  duly  appreciated,  for  we  gen- 
erally have  too  much  self-love  or  self-confidence  to  suf- 
fer deliberate  judgment  to  decide  upon  our  own  acts;  at 
least  I  will  say  for  myself,  that  I  fear  such  has  some- 
times been  the  case  with  me. 

"Stephen  F.  Austin." 

The  fact  that  this  letter  was  sent  to  Edwards  himself 
and  "not  to  any  other  person,"  and  the  further  fact  that 
no  man  was  better  qualified  than  Austin  to  judge  the 
situation  and  none  more  directly  interested  in  keeping 
down  friction,  makes  it  a  valuable  guide  in  the  attempt 
to  reach  correct  conclusions  with  respect  to  the  whole 
affair. 

Austin  certainly  spoke  the  truth  when  he  said  that 
Edwards  had  "an  extremely  difficult  and  laborious  task 
to  perform."  The  Edwards  contract  called  for  the  set- 
tlement of  eight  hundred  families  in  the  eastern  part 
of  Texas,  including  the  town  of  Nacogdoches.  This 
was  not  virgin  territory  like  that  which  Austin  had  set- 
tled along  the  Colorado  and  the  Brazos.  On  the  con- 
trary, it  was  the  region  of  the  earliest  Spanish  settle- 
ments in  Texas  and  there  were  titles  to  land  within  its 
boundaries  that  dated  back  nearly  a  century.  Nacog- 
doches itself,  though  it  had  only  about  a  hundred  in- 
habitants in  1825,  when  the  grant  was  made,  at  one 
time  had  been  a  town  of  more  than  a  thousand  people, 
and  the  ranches  and  farms  of  Gil  Ybarbo's  companions 
had  covered  a  good  part  of  the  eastern  section  of  Texas. 
Descendants  of  these  people  are  to  be  found  in  that  sec- 


222 A  HISTORY  OF  TEXAS 

tion  of  Texas  to  this  very  day,  and  there  probably  was 
never  a  time  since  the  first  settlement  of  the  region  when 
some  of  them  were  not  there,  in  spite  of  orders  to  move, 
revolutions,  Anglo-American  invasions  and  Indian 
raids.  There  was  a  considerable  population,  relatively 
speaking,  in  that  section  when  Magee  invaded  Texas 
in  1811,  and  many  of  these  Mexicans  joined  him  in  de- 
fense of  the  "republican"  cause.  When  Arredondo 
destroyed  the  invading  army  in  1813,  he  also  made  a 
clean  sweep  of  East  Texas  and  drove  these  settlers  across 
the  Sabine  onto  the  neutral  ground.  Some  of  them 
joined  Long's  expedition  in  1819  and  attempted  to  re- 
turn in  this  way,  but  they  were  again  driven  out.  When 
Arredondo  granted  Moses  Austin's  petition  for  the 
settlement  of  Anglo-Americans  in  Texas,  however,  he 
also  declared  a  general  amnesty  with  respect  to  the  for- 
mer inhabitants  of  East  Texas,  and  shortly  after  that 
the  independence  of  Mexico  had  been  achieved.  Dur- 
ing the  four  years  between  1821  and  1825,  therefore, 
these  people  had  been  returning  to  the  region  and  seek- 
ing out  their  old  homes.  When  Edwards  was  granted 
the  right  to  introduce  colonists  into  the  region  he  was 
required,  under  the  terms  of  his  contract,  to  respect  all 
existing  titles  to  land,  and  this  applied  especially  to  the 
Mexicans,  many  of  whom  had  been  born  in  the  terri- 
tory within  the  boundaries  of  his  grant. 

But  these  Mexican  settlers  were  not  the  only  inhabi- 
tants of  the  region.  The  population  was  made  up  of 
other  elements  as  well.  There  were  Anglo-Americans, 
for  example,  like  James  Gaines  and  Samuel  Davenport, 
who  had  been  there,  off  and  on,  for  years.  Gaines  had 
established  a  ferry  over  the  Sabine  at  a  very  early  date, 


ENTER  HAYDEN  EDWARDS  223 

while  the  neutral  ground  was  still  in  existence,  probably 
for  the  benefit  of  the  smuggling  trade  which  had  been 
carried  on  along  the  frontier  even  before  the  days  of 
Gil  Ybarbo.  In  1811  he  had  joined  Magee  as  one  of 
his  captains,  and  he  was  among  those  who  washed  their 
hands  of  the  expedition  and  returned  to  the  United 
States  after  the  massacre  of  Salcedo  and  his  staff  at  San 
Antonio.  He  had  returned  to  Texas  and  was  living  at 
Nacogdoches  when  the  Edwards  grant  was  made.  Dav- 
enport had  moved  into  Texas  even  before  the  Louisiana 
Purchase,  had  become  a  Spanish  subject  and  had  been  a 
leading  citizen  of  Nacogdoches  in  the  days  of  its  glory. 
He  had  a  large  ranch  near  the  town,  and  in  some  re- 
spects was  the  successor  of  Gil  Ybarbo,  both  commer- 
cially and  socially.  It  is  not  improbable  that  he  had 
participated  in  the  smuggling  trade.  Davenport  had 
also  joined  Magee,  acting  as  quartermaster  of  the  expe- 
dition, and  had  been  driven  out  when  the  movement 
collapsed.  He  came  back  with  Long  in  1819,  and  was 
a  member  of  the  provisional  government  of  the  ephem- 
eral "republic."  He  was  ejected  again  with  Long,  but 
after  the  independence  of  Mexico  he  returned  to 
Nacogdoches  and  had  been  living  there  for  some  time 
when  the  Edwards  contract  was  granted. 

There  were  other  Americans  whose  history  and  status 
were  similar  to  those  of  Gaines  and  Davenport.  In  addi- 
tion to  these  there  were  "squatters,"  daring  pioneers 
who  had  crossed  the  Sabine,  cleared  a  tract  of  land  and 
built  a  cabin,  before  the  advent  of  the  Austins  or  the 
fixing  of  the  boundary  in  the  treaty  of  1819.  Some  of 
these  had  come  with  the  idea  that  the  boundary  would 
be  fixed  farther  west  and  they  proposed  to  be  on  the 


224  A  HISTORY  OF  TEXAS 

ground  first.  When  the  treaty  left  them  on  Mexican 
soil,  they  elected  to  remain,  some  of  them,  like  John 
Cartwright,  contending  to  the  end  that  the  treaty  was 
a  surrender  of  American  territory  and  bound  to  be  re- 
vised sooner  or  later.  These  people  had  no  written  title- 
deeds  to  their  lands,  though  in  the  practice  of  the  time 
some  of  them  would  be  regarded  as  having  valid  claim 
to  ownership. 

This  last  element  had  been  augmented  by  the  arrival 
of  immigrants  destined  for  Austin's  colony  during  the 
period  Austin  was  in  Mexico  City.  Learning  of  the 
conditions  existing  along  the  Brazos  and  the  Colorado, 
some  of  these  settled  on  Ayish  bayou,  between  Nacog- 
doches and  the  Sabine,  and  others  had  ventured  fur- 
ther west,  but  stopped  at  the  Trinity.  They  had  no 
valid  titles  to  their  lands  and  were  just  staying  on  until 
the  passage  of  the  colonization  law  would  determine 
the  method  to  be  followed  to  obtain  titles.  Now  the 
Edwards  contract  had  placed  all  of  them  within  the 
boundaries  of  his  grant. 

A  few  of  Austin's  colonists,  those  on  the  San  Jacinto, 
were  also  within  the  boundaries  set  forth  in  Edwards' 
contract,  but  they  had  titles  to  their  land,  which,  as  has 
been  seen,  were  issued  by  Baron  de  Bastrop,  and  under 
the  specific  terms  of  the  contract  Edwards  was  bound 
to  respect  these  titles. 

And  finally  there  was  an  element  which  had  infested 
this  region  ever  since  the  establishment  of  the  neutral 
ground  in  1806,  the  so-called  "border  ruffians"  and 
other  desperate  characters,  fugitives  from  justice,  gam- 
blers and  sharpers  and  idlers  among  the  younger  genera- 
tion of  the  Mexicans.     A  traveler  with  any  amount  of 


ELLIS  BEAN. 


ENTER  HAYDEN  EDWARDS  225 

money  on  his  person  would  be  likely  to  disappear  in  the 
territory  between  the  Sabine  and  Nacogdoches  in  those 
days,  and  the  true  explanation  of  his  disappearance 
would  generally  be  that  he  had  been  waylaid,  robbed 
and  murdered  by  some  of  these  outlaws.  If  he  escaped 
this  fate,  he  would  be  fleeced  by  gambling  sharps  at 
Nacogdoches  if  he  were  not  extraordinarily  careful,  or 
he  might  have  counterfeit  money  passed  onto  him  in 
exchange  for  his  genuine  coin.  For  Nacogdoches  was 
"a  gambler's  heaven"  and  counterfeiting  was  openly 
practiced  there  even  at  a  much  later  date. 

To  complicate  matters,  Nacogdoches  was  the  seat  of 
an  alcalde's  district,  which  was  not  coextensive  with 
the  limits  of  Edwards'  grant.  The  alcalde's  district 
extended  east  to  the  Sabine,  but  the  eastern  boundary 
of  Edwards's  grant  was  twenty  leagues  from  the  Sabine, 
there  being  a  reserved  tract  between  his  line  and  the 
border,  which,  under  the  general  colonization  law,  the 
state  was  prohibited  from  opening  to  settlement  by  for- 
eigners. Then  there  was  part  of  Edwards's  grant  that 
was  outside  the  alcalde's  district. 

That  the  government  of  such  a  district  was  not  likely 
to  be  free  from  corruption,  especially  in  a  Latin  juris- 
diction, can  be  readily  appreciated,  and  when  it  is  con- 
sidered that  the  opportunities  for  graft  were  very  numer- 
ous and  that  Nacogdoches  was  so  remote  from  any  other 
authority  in  the  state  or  the  republic,  it  will  be  seen  that 
with  such  a  constituency  it  would  have  been  a  miracle  if 
there  was  anything  approaching  "clean  government." 
James  Gaines  seems  to  have  organized  a  band  of  "regu- 
lators" among  the  better  element  for  the  purpose  of 
dealing  with  the  "border  ruffians"  and  others  of  their 


226 A  HISTORY  OF  TEXAS 

ilk,  and  seems  to  have  done  something  toward  making 
the  region  safer  against  their  operations  and  earned  the 
thanks  of  the  government  at  San  Antonio.  But,  in  the 
very  nature  of  things,  there  could  be  no  real  "law  and 
order"  amid  such  conditions  as  existed  in  the  district. 

There  is  evidence  that  the  authorities  themselves 
reaped  some  of  the  benefit  of  the  dishonest  traffic  of  the 
town.  Moreover,  now  that  a  republic  had  been  estab- 
lished and  lands  were  likely  to  be  valuable,  certain  per- 
sons at  Nacogdoches  had  begun  to  get  hold  of  old  titles 
where  the  owners  had  not  returned,  and  in  the  absence 
of  both  titles  and  owners  to  provide  forged  deeds  and 
bogus  owners  in  their  stead.  This  had  been  started,  it 
seems,  before  the  Edwards  grant  was  made,  and  even 
before  the  colonization  law  was  passed.  The  situation 
offered  an  unusually  fine  opportunity  for  a  scheme  of 
this  kind,  and  if  it  had  not  been  molested  the  schemers 
might  have  succeeded  in  getting  hold  of  most  of  the 
good  land  in  the  region. 

The  granting  of  the  Edwards  contract  was  a  compli- 
cation the  schemers  had  not  anticipated,  and  from  the 
very  first  Edwards  was  regarded  as  an  intruder.  This 
was  true  with  respect  to  many  of  the  most  influential 
men  in  the  district,  even  though  they  were  not  con- 
cerned with  the  land-grabbing  schemes.  Men  who  had 
been  in  the  country  for  years  could  not  be  expected  to 
regard  this  newcomer  with  a  friendly  eye,  and  Edwards 
was  not  the  kind  of  a  man  to  win  them  over  to  his  side. 
He  was  among  enemies,  therefore,  from  the  start.  The 
task  before  him  was  indeed  "extremely  difficult  and  la- 
borious." To  have  performed  it  successfully  would 
Have  required  rare  qualities,  not  only  of  courage  and 


ENTER  HAYDEN  EDWARDS 227 

determination,  but  of  patience,  discrimination  and  al- 
most infinite  tact.  Edwards  was  not  lacking  in  courage 
and  determination,  but  of  the  other  qualities  he  seems 
to  have  been  totally  bereft.  Besides,  he  seems  to  have 
had  a  very  erroneous  and  exaggerated  conception  of  his 
powers  under  his  contract.  He  was  simply  the  head  of 
the  militia,  until  some  other  arrangement  could  be 
made,  but  he  was  endowed  with  none  of  the  civil  powers 
possessed  by  Austin,  who  had  received  his  first  grant 
from  the  federal  government,  and  not,  like  Edwards, 
under  the  state  colonization  law.  The  jurisdiction  of 
the  alcalde  at  Nacogdoches,  as  has  been  said,  extended 
over  a  good  portion  of  Edwards's  grant,  and  included 
among  its  constituents  many  who  were  outside  of  his 
grant  on  the  twenty-league  reserve.  This  was  the  local 
government,  and  Edwards's  relation  to  it,  in  law  and  in 
fact,  was  totally  different  from  Austin's  relation  to  the 
alcalde's  districts  within  his  colony.  Austin  was  the 
chief  judge  of  his  colony  to  whom  appeals  from  the 
alcalde's  courts  were  made;  Edwards  was  subject  to  the 
alcalde's  jurisdiction,  and  possessed  no  authority  in  re- 
spect to  it.  In  the  most  ideal  circumstances  such  an 
arrangement  would  be  likely  to  make  trouble. 

But  the  circumstances  were  not  ideal,  and  from  the 
very  first  Edwards  got  into  trouble.  He  got  into  trou- 
ble at  the  outset  with  the  acting  alcalde  of  Nacogdoches, 
Luis  Procela,  and  lodged  complaints  against  him  with 
the  political  chief  at  San  Antonio.  He  lodged  com- 
plaints also  against  one  Jose  Antonio  Sepulveda,  a 
Mexican  of  great  political  influence  in  the  town.  He 
was  pretty  severe  in  his  description  of  these  two  Mexi- 
cans, denouncing  the  acting  alcalde  as  a  fugitive  from 


228 A  HISTORY  OF  TEXAS 

justice  and  wife-deserter,  and  declaring  him  to  be  too 
ignorant  and  incompetent  to  fulfill  the  duties  of  his 
office,  and  charging  Sepulveda  with  forgery  of  land 
titles  and  other  dishonest  practices.  He  was  not  very 
discreet  in  his  language  and  took  occasion  to  remark 
that  such  a  situation  as  existed  in  Nacogdoches  could  not 
exist  in  the  United  States.  That  such  a  communication 
did  not  favorably  impress  the  political  chief,  who  could 
not  escape  his  racial  instincts  in  judging  it,  can  be  ap- 
preciated by  anyone  acquainted  to  any  degree  with 
Mexican  character.  So  the  net  result  of  his  protest  was 
to  prejudice  the  political  chief  against  him. 

It  was  not  only  with  the  authorities  that  Edwards 
clashed,  however.  He  clashed  with  the  old  Mexican 
settlers,  with  the  "squatters,"  and  even  with  Austin's 
colonists  within  the  limits  of  his  grant.  His  letter  to 
Austin  gives  an  idea  of  the  general  attitude  he  assumed. 
Edwards,  no  doubt,  acted  in  the  honest  belief  that  he 
was  doing  only  that  which  he  had  a  right  to  do,  but  it  is 
clear  today  that  he  misinterpreted  his  powers,  first  of  all, 
in  believing  that  he  had  absolute  jurisdiction  over  all  the 
land  within  the  limits  set  forth  in  his  grant,  that  all  per- 
sons on  lands  must  show  valid  titles,  or  arrange  with  him 
on  his  terms  to  obtain  valid  titles.  Those  who  refused 
to  do  this  must  get  off  the  land,  and  he  even  believed 
he  had  power  to  eject  such  persons  from  their  lands  him- 
self. Moreover,  he  believed,  and  seems  to  have  boasted 
of  it,  that  the  government  would  not  molest  him  in  the 
exercise  of  these  powers  for  six  years.  The  truth  was 
that  Edwards  had  neither  the  power  to  pass  on  the 
validity  of  titles  nor  to  put  settlers  off  their  lands.  It 
was  the  function  of  the  government  alone  to  judge  the 


ENTER  HAYDEN  EDWARDS  229 

validity  of  titles,  and  whether  a  settler  should  be  evicted 
from  the  land  he  occupied  was  also  for  the  government 
alone  to  say.  Edwards's  contract  was  to  settle  the  unoc- 
cupied lands,  but  to  respect  titles  already  in  existence. 
If  anybody  was  occupying  land  within  the  limits  of 
his  grant  to  which  he  held  no  valid  title,  Edwards's  rem- 
edy was  to  direct  the  government's  attention  to  the  case. 
But  he  interpreted  the  terms  of  his  contract  as  meaning 
that  he  should  be  the  judge  as  to  the  validity  of  titles. 

Acting  on  this  belief  in  good  faith,  Edwards  issued 
public  notice  to  all  the  inhabitants  holding  titles  to  land 
to  bring  them  to  him  on  a  certain  date  to  be  passed  upon. 
It  was  in  carrying  out  this  operation  that  Edwards  dis- 
covered indications  that  somebody  was  forging  land 
titles.  Having  discovered  evidences  of  fraud  in  one 
case,  it  was  not  difficult  for  a  man  of  his  tempera- 
ment to  see  fraud  where  none  existed.  In  any  event 
he  questioned  some  of  the  titles  of  the  old  Mexican 
settlers,  which  the  authorities  said  were  valid.  When 
this  was  reported  to  the  political  chief  at  San  Antonio, 
whose  sympathies  were  readily  enlisted  in  favor  of  the 
Mexicans  in  a  controversy  with  a  "foreigner,"  he  noti- 
fied Edwards  that  his  action  in  "demanding  of  the  old 
inhabitants  the  titles  of  the  lands  which  they  possess" 
was  unwarranted  and  that  charges  would  be  made 
against  him  on  this  ground,  and  on  the  further  ground 
that  he  had  published  himself  as  military  chief  of  the 
district.  These  charges,  he  was  informed,  would  be 
filed  "when  the  government  shall  so  order." 

In  the  face  of  this,  Edwards  continued  to  supply 
causes  for  complaint  against  him.  He  had  fixed  a  fee 
which  settlers  would  be  required  to  pay  him,  in  addition 


230  A  HISTORY  OF  TEXAS 

to  the  fees  to  be  paid  the  government,  and  he  interpreted 
his  contract  as  giving  him  the  right  to  assess  this  charge 
against  all  persons  within  the  limits  of  his  grant  who  had 
no  titles  to  their  lands.  Indeed,  he  even  contended  he 
had  a  right  to  collect  such  a  fee  from  the  colonists  on  the 
San  Jacinto  who  possessed  titles  they  had  received  from 
Austin.  When  some  of  the  "squatters"  learned  they 
were  expected  to  pay  Edwards  such  a  fee,  besides  those 
to  be  paid  the  government,  in  order  to  obtain  title-deeds 
to  their  lands,  they  objected  strenuously.  They  con- 
tended that  whatever  might  be  an  empresario's  right 
to  charge  extra  fees  from  colonists  he  had  introduced 
into  the  country  himself,  and  who  had  voluntarily  con- 
tracted to  pay  them,  he  had  no  right  to  collect  such  fees 
from  men  who  had  been  in  the  country  long  before  his 
contract  was  granted.  Those  on  Ayish  bayou  and  on  the 
Trinity,  who  had  come  to  Texas  with  the  intention  of 
joining  Austin's  colony,  had  the  case  of  what  had  hap- 
pened with  respect  to  the  "old  three  hundred"  before 
them  as  an  example.  Austin  had  abandoned  his  claim 
to  the  twelve  and  a  half  cents  an  acre  his  settlers  had 
agreed  to  pay.  He  had  given  titles  to  them  at  "congress 
prices."  Some  of  those  on  Ayish  bayou  and  on  the  Trin- 
ity, therefore,  asked  why  they  should  be  required  to 
pay  Edwards  anything,  when  he  had  had  nothing  to  do 
with  their  coming  to  Texas.  Why  couldn't  they  get  land 
at  "congress  prices"  like  the  settlers  in  Austin's  colony?; 
Edwards,  on  his  part,  contended  that  all  must  pay. 
In  his  letter  to  Austin  he  cited  the  clause  of  the  colo- 
nization law  guaranteeing  private  contracts  between  the 
empresarios  and  their  settlers  as  justification.  But  it 
is  clear  he  misunderstood  its  provisions.     That  clause 


ENTER  HAYDEN  EDWARDS 231 

provided  for  the  guarantee  of  "the  contracts  which  the 
empresarios  make  with  families  they  bring  at  their  own 
expense,  provided  they  are  not  contrary  to  the  laws." 
None  of  the  settlers  already  in  the  territory  within  Ed- 
wards's grant  had  been  brought  in  at  his  expense,  and 
none  of  them  had  made  any  contracts  with  him.  The 
settlers  on  the  San  Jacinto  already  had  titles  to  their 
lands,  and  those  on  Ayish  bayou  and  the  Trinity  had  come 
into  the  country  before  the  colonization  law  had  been 
passed.  Indeed,  there  were  a  few  within  the  limits  of 
the  Edwards  grant  who  had  come  to  the  country  even 
before  Austin. 

There  was  confusion  throughout  the  territory,  there- 
fore, and  to  make  matters  worse  for  Edwards  he  seems 
to  have  done  a  lot  of  loose  talking.  Austin's  letter  gives 
an  idea  of  the  general  trend  of  this  talk,  and  Austin's 
advice  to  him  on  this  point  was  the  best  he  could  have 
received,  had  he  only  appreciated  the  sincerity  in  which 
it  was  given.  "You  will  be  watched  with  a  jealous  eye 
by  everyone,"  Austin  wrote,  "and  the  most  innocent 
expression  will  be  misunderstood  or  wilfully  perverted." 
That  is  precisely  what  happened,  and  before  long  the 
political  chief  at  San  Antonio  was  being  deluged  with 
complaints  against  Edwards.  When  the  "squatters"  and 
the  old  Mexican  settlers  complained  they  could  not  be  re- 
strained in  the  manner  that  Austin  had  restrained  the  set- 
tlers on  the  San  Jacinto.  On  the  contrary,  they  were 
encouraged  by  the  authorities  at  Nacogdoches  to  make 
complaints,  and  these  were  supplemented  by  official 
complaints  by  the  local  authorities  themselves.  They 
gave  free  vent  to  their  resentment  against  Edwards,  and 
informed  Saucedo  that  the  empresario  was  attempting 


232  A  HISTORY  OF  TEXAS 

to  extort  money  from  them,  that  he  was  guilty  of  illegal 
acts,  and  that  he  had  made  declarations  uncompliment- 
ary to  the  government.  It  is  possible  that  "innocent  ex- 
pressions" were  misunderstood  and  wilfully  perverted, 
but  Edwards  unquestionably  supplied  his  enemies  with 
plenty  of  material  for  complaints. 

Edwards's  defense  was  that  his  course  was  in  the 
best  interest  of  the  colony.  "I  can  show  you  that  my 
families  are  already  engaged  at  my  prices,"  he  wrote 
to  Austin,  "and  are  unwilling  that  I  should  permit 
others  to  settle  on  less  terms."  He  stated  that  "the 
honest  and  industrious  already  in  the  country  are  of 
the  same  opinion,  and  have  complied  with  the  terms 
already."  Undoubtedly  some  of  the  settlers  without 
titles  had  complied  with  the  terms,  being  willing  to 
do  so  in  order  to  obtain  titles.  And  having  done  so, 
it  was  only  natural  that  they  should  think  that  others 
should  be  required  to  do  the  same.  Edwards  saw  no 
injustice  in  this,  and  believed  he  was  acting  within  the 
terms  of  his  contract.  Indeed,  he  carried  that  belief 
to  the  extent  of  contending  that  those  within  the  limits 
of  his  grant  who  already  had  obtained  titles  through 
Austin  should  nevertheless  pay  him  his  fee.  The 
political  chief,  however,  interpreted  the  law  differently, 
and,  as  the  complaints  piled  up,  the  conviction  grew  upon 
him  that  something  would  have  to  be  done  to  stop 
Edwards. 

In  December,  1825,  an  election  for  alcalde  was  held 
in  the  Nacogdoches  district,  the  candidates  being  Ed- 
wards's son-in-law,  Chaplin,  and  James  Gaines's  brother- 
in-law,  Norris.  Chaplin  received  a  majority  of  the 
votes  cast,  but  many  of  these  were  of  "squatters"  on 


ENTER  HAYDEN  EDWARDS  233 

the  twenty-league  reserve,  and  Sepulveda  and  Gaines 
contended  they  were  not  citizens  and  not  entitled  to 
vote.  With  these  votes  thrown  out,  Norris  was  elected. 
Edwards's  party  seized  the  archives  of  the  office  and 
installed  Chaplin  as  alcalde.  Gaines  and  Sepulveda 
appealed  to  the  political  chief  at  San  Antonio,  and  he 
upheld  their  contention  that  the  votes  thrown  out  were 
illegal,  directed  that  Norris  be  sworn  in  as  alcalde,  and 
that  if  Chaplin  did  not  hand  over  the  archives  of  the 
office  peaceably  he  should  be  compelled  to  do  so  by 
force.  Chaplin  made  no  resistance,  and  a  violent  clash 
was  thus  averted. 

But  having  obtained  control,  the  Norris  faction  then 
proceeded  to  subject  members  of  the  opposing  party 
to  all  kinds  of  petty  annoyances  and  to  carry  things 
with  a  high  hand  generally.  There  was  constant  fric- 
tion and,  as  the  leaders  of  the  Norris  faction  were 
unfriendly  to  the  whole  plan  of  colonizing  Texas 
through  empresarios,  every  method  was  used  to  em- 
barrass Edwards  in  his  efforts.  A  settler  would  select 
a  site  for  his  home  and  proceed  to  move  on  the  land, 
when  a  Mexican  would  appear  with  an  ancient  title 
to  it  and  the  alcalde  would  recognize  the  title.  There 
was  ground  to  believe  that  some  of  these  titles  were 
forged,  and  that  the  hand  of  Sepulveda  had  done  the 
forging.  This  was  a  cause  of  more  friction  and  of 
further  complaints  by  the  local  authorities  to  the  politi- 
cal chief.  Moreover,  in  the  general  administration  of 
the  district  the  Gaines-Norris  faction  practiced  discrim- 
inations against  members  of  the  Edwards  faction.  Fees 
in  all  legal  transactions  were  fixed  at  a  maximum,  and 
any  controversy  between  members  of  the  opposing  fac- 


234  A  HISTORY  OF  TEXAS 

tions  was  likely  to  be  decided  against  the  Edwards 
adherent.  Soon  the  whole  district  was  torn  asunder  in 
a  violent  quarrel  in  which  feeling  ran  high  and  passion 
ruled  supreme. 

One  incident  that  has  been  cited  in  all  accounts  of 
those  disturbances  gives  an  idea  of  how  trivial  matters 
were  magnified  into  affairs  of  a  great  moment,  so  tense 
had  become  the  situation  between  the  factions.  A  man 
named  Tramel,  who  had  been  appointed  by  the  alcalde 
of  Nacogdoches  to  operate  a  ferry  at  the  crossing  of  the 
Trinity  during  the  time  when  Austin's  first  colonists 
were  coming  into  the  country,  had  sold  his  right  to 
another  man,  whose  name  has  not  come  "echoing  down 
the  corridors  of  time."  This  ferryman,  it  seems,  hear- 
ing that  an  old  Mexican  named  Ignatius  Sertuche, 
together  with  his  family,  was  starving  at  Spanish  Bluff, 
a  little  way  below  the  ferry,  went  to  his  aid,  moved 
him  down  to  the  ferry,  provided  his  family  with  food 
and  ministered  to  their  needs  generally.  Sertuche, 
having  been  restored  to  health  and  strength,  and  finding 
that  the  ferry  was  a  berth  worth  having,  applied  to 
the  alcalde  at  Nacogdoches  for  the  appointment  as  fer- 
ryman. The  alcalde  appointed  him,  and  dispossessed 
the  man  who  had  purchased  the  place  from  Tramel. 
Whereupon  Edwards  in  turn  ousted  the  Mexican  and 
reinstalled  the  former  occupant.  There  was  an  appeal 
to  San  Antonio,  and  Saucedo,  the  political  chief,  ordered 
that  Sertuche  should  be  placed  again  in  charge  of  the 
ferry,  because  in  such  cases  Mexicans  should  be  given 
preference. 

And  so  it  went.  Friction  and  misunderstanding 
grew  worse  with  each  passing  day,  and  the  cabal  at 


ENTER  HAYDEN  EDWARDS  235 

Nacogdoches  took  advantage  of  every  opportunity  to 
complain  to  the  political  chief  and  to  intensify  the 
prejudice  of  that  official  against  Edwards. 

In  the  midst  of  all  this  turmoil,  Benjamin  W.  Ed- 
wards, brother  of  the  empresario,  stepped  upon  the 
stage.  It  became  necessary  for  Hayden  Edwards  to 
return  to  the  United  States  in  the  interest  of  his  enter- 
prise, and  he  induced  his  brother  to  take  charge  of  the 
colony  during  his  absence.  Judging  from  the  literary 
style  of  his  letters,  B.  W.  Edwards  was  even  less  fitted 
to  deal  with  the  delicate  situation  existing  than  the 
empresario  himself.  Being  unacquainted  with  the 
Spanish  language  he  was  half  the  time  not  sure  what 
was  going  on  and,  when  he  was  informed  by  the  alcalde 
at  Nacogdoches  that  orders  had  been  received  giving 
the  local  government  jurisdiction  over  the  disposition 
of  all  lands  within  the  district,  he  finally  appealed  to 
Austin  to  advise  him  as  to  the  best  course  to  pursue. 

"Order  after  order  has  been  transmitted  here  con- 
taining censure  of  Hayden  Edwards,"  he  wrote  to 
Austin,  "without  any  inquiry  into  the  truth  or  false- 
hood of  the  accusations  presumed  to  be  made  against 
him;  and  no  list  of  charges  furnished  him  even,  to  give 
an  opportunity  of  self-defense.  In  the  first  place,  orders 
have  been  recently  received  here  by  the  alcalde  (as  it 
is  said)  that  Hayden  Edwards  was  not  entitled  to  charge 
anything  for  lands.  A  more  recent  order  says  that  all 
contracts  already  made  may  stand,  but  that  none  here- 
after will  be  good,  and  that  any  person  hereafter  con- 
tracting to  pay  said  Edwards  for  lands  shall  forfeit 
them  and  be  ordered  out  of  the  country.  A  still  later 
order  says  that  said  Edwards  shall  refund  whatever  he 


236  A  HISTORY  OF  TEXAS 

may  have  received  for  lands,  making  it  the  duty  of 
the  alcalde  here  to  compel  him,  should  he  refuse.  An- 
other order  a  few  days  ago  says  that  this  town  shall 
have  its  original  jurisdiction  (which  is  said  to  extend 
to  the  Sabine  on  the  east  and  nearly  to  the  Trinity  on 
the  west,  etc.)  and  that  the  junta  alone,  and  not  the 
empresario,  shall  dispose  of  said  lands  within  said  dis- 
trict. The  last  order,  said  to  be  received  by  Tuesday's 
mail,  directs  the  alcalde  to  inform  H.  Edwards  that, 
unless  he  changes  his  conduct  (without  informing  him 
what  it  is  that  is  complained  of),  his  grant  will  be 
taken  from  him,  and  that  he  will  be  held  amenable 
to  the  tribunals  of  the  country." 

The  letter  recited  a  long  list  of  abuses  and  expressed 
fear  that  the  Americans  would  not  stand  for  such  things 
much  longer.  It  concluded  by  requesting  Austin's  ad- 
vice. "I  have  opened  this  correspondence  with  you 
in  the  most  friendly  confidence,"  it  read,  "hoping  to 
receive  from  you  every  information  and  advice  as  to 
what  steps  had  best  be  taken  on  my  part  in  the  present 
attitude  of  affairs.  ...  I  am  sensible  of  the  im- 
portance of  a  personal  interview  with  you,  but  this  at 
present  is  impossible.  I  hope  to  hear  from  you  as 
soon  as  possible.  I  should  deem  a  private  conveyance 
much  safer  than  by  mail." 

Austin,  who  had  been  watching  the  course  of  events 
at  Nacogdoches  with  much  misgiving  as  to  their  effect 
upon  the  future  of  American  colonization  in  Texas, 
was  reluctant  to  take  any  part  in  the  matter.  He  wrote 
to  B.  W.  Edwards,  however,  giving  him  the  benefit 
of  such  advice  as  he  felt  competent  to  offer.  "I  hope 
you  will  credit  me,"   he  wrote,   "when  I   assure  you 


ENTER  HAYDEN  EDWARDS  237 

that  I  sympathize  with  you  fully  on  account  of  the 
unpleasantness  of  your  situation.  The  affair  will  be 
highly  injurious  to  the  future  prospects  of  immigra- 
tion, and  of  general  detriment  to  the  whole  country. 
The  subject  has  caused  me  great  unhappiness,  but  I 
had  determined  not  to  interfere  with  it  in  any  way — 
it  is  a  dangerous  one  to  touch,  and  particularly  to  write 
about.  You  wish  me  to  advise  you.  I  scarcely  know 
what  course  will  be  best.  The  uncertainty  as  to  the 
precise  nature  of  the  charges  against  you  renders  it 
difficult,  nay,  impossible,  to  make  a  regular  defence.  I 
think,  however,  I  would  write  directly  to  the  governor 
of  the  State,  give  him  a  full  statement  of  facts  and 
a  very  minute  history  of  the  acts  of  your  principal 
enemies  and  their  opponents,  and  their  manner  of  doing 
business  in  every  particular,  both  in  regard  to  your 
brother  as  well  as  all  others.  State  the  general  situa- 
tion of  the  country,  the  confusion  and  the  difficulties 
which  exist,  and  the  cause  of  them,  etc.,  in  order  that 
the  government  may  have  the  whole  subject  fully  be- 
fore them,  and  be  enabled  to  judge  of  the  motives  that 
have  influenced  those  who  have  been  most  clamorous 
against  you.  Write  in  English,  and  make  an  apology 
for  doing  so,  as  that  it  is  impossible  to  procure  trans- 
lators, etc.  I  advise  the  utmost  caution  and  prudence 
on  your  part  and  that  of  all  your  friends  as  to  your 
expressions,  for  every  word  you  utter  will  probably  be 
watched  and  reported  if  considered  exceptionable." 

If  Austin  had  been  as  well  acquainted  with  B.  W. 
Edwards's  letter-writing  propensities  at  that  time  as  he 
later  became,  it  is  probable  that  the  last  thing  he  would 
have  advised  was  for  that  gentleman  to  write  a  letter 


238  A  HISTORY  OF  TEXAS 

to  the  governor.  But  the  letter  was  written,  and  in 
it  the  author  gave  such  an  account  of  the  situation  at 
Nacogdoches  as  seemed  to  him  likely  to  impress  the 
governor.  He  asked  that  proceedings  against  his 
brother  be  held  up  until  he  returned,  and  that  he  be 
given  an  opportunity  to  make  a  defense.  The  governor, 
Victor  Blanco,  took  offense  at  the  tone  of  the  letter, 
declared  that  it  was  not  sufficiently  respectful  and,  in- 
stead of  granting  the  request  for  delay,  he  cancelled 
the  Edwards  contract  and  ordered  the  expulsion  of  both 
brothers  from  the  country.  Blanco  recited  the  com- 
plaints against  the  empresario  and  then  concluded  as 
follows: 

"In  view  of  such  proceedings,  by  which  the  conduct 
of  Hayden  Edwards  is  well  attested,  I  have  declared 
the  annulment  of  his  contract,  and  his  expulsion  from 
the  territory  of  the  republic,  in  discharge  of  the  su- 
preme orders  with  which  I  am  invested.  He  has  lost 
the  confidence  of  the  government,  which  is  suspicious 
of  his  fidelity;  besides,  it  is  not  prudent  to  admit  those 
who  begin  by  dictating  laws  as  sovereigns.  If  to  you 
and  your  constituents  these  measures  are  unwelcome 
and  prejudicial,  you  can  apply  to  the  supreme  govern- 
ment; but  you  will  first  evacuate  the  country,  both 
yourself  and  Hayden  Edwards;  for  which  purpose  I 
this  day  repeat  my  orders  to  the  authorities  of  that 
department — in  the  execution  of  which,  as  they  will 
expel  from  the  country  all  evil-doers,  so  they  will 
extend  full  protection  to  those  of  worth,  probity,  and 
useful  skill,  that  have  settled  therein  and  are  submissive 
to  the  laws  and  constituted  authorities." 

This  order  was  dated  October  2,   1826.      Hayden 


ENTER  HAYDEN  EDWARDS  239 

Edwards  had  returned  to  Texas  in  the  meantime  and 
was  present  when  it  was  received.  It  meant  great 
financial  loss  to  him,  even  if  the  supreme  government 
should  decide  ultimately  to  reverse  it.  If  the  order 
should  stand  it  meant  utter  ruin.  He  very  justly 
thought  that  he  had  been  dealt  with  unfairly.  More 
than  that,  he  felt  he  had  been  insulted  personally  by 
the  tone  of  the  order  and  the  arbitrary  judgment  of 
the  governor  against  him.  It  was  in  this  mood  that 
he  conceived  the  wild  scheme  of  making  his  private 
wrongs  into  public  grievances  and  attempting  to  bring 
about  an  armed  revolution  to  detach  Texas  from 
Mexico. 


CHAPTER  XII. 


"republic  of  fredonia." 


Whether  it  was  Hayden  Edwards  himself  or  his 
brother  who  first  suggested  the  mad  plan  of  raising 
the  banner  of  revolt  is  not  known,  but  that  something 
of  the  sort  was  in  the  mind  of  B.  W.  Edwards  as  early 
as  July,  before  he  had  written  the  letter  to  the  gov- 
ernor, is  indicated  by  certain  expressions  in  his  letter 
to  Austin. 

B.  W.  Edwards  was  one  of  those  who  viewed  the 
whole  movement  of  immigrants  into  Texas  as  a  prelude 
to  ultimate  annexation  of  the  territory  to  the  United 
States.  But  he  wanted  to  see  the  country  settled  first. 
He  wrote  Austin  that  it  had  been  his  hope  and  wish 
that  Texas  "would  peaceably  fill  up  with  enterprising 
Americans,  without  any  interruption  to  their  enterprise 
or  premature  collision  with  the  authorities."  The  use 
of  the  word  "premature"  is  significant,  implying  that 
he  regarded  an  ultimate  "collision  with  the  authorities" 
as  inevitable.  It  is  more  than  probable  that  Hayden  Ed- 
wards shared  these  views.  To  one  having  such  opinions, 
it  would  be  only  a  short  step,  especially  when  one's 
personal  interests  were  involved,  to  decide  the  time  had 
come  to  strike.  B.  W.  Edwards  seems  to  have  antici- 
pated that  developments  might  bring  about  such  a 
situation,  and  it  is  not  improbable  that  the  advice  which 
Austin  gave  him  in  reply  to  his  letter  was  not  precisely 
what  he  had  hoped  to  receive.     For  he  had  strongly 

241 


242 A  HISTORY  OF  TEXAS 

intimated  that  conditions  might  get  beyond  control  in 
the  Nacogdoches  district.  "I  know  American  char- 
acter too  well  to  feel  indifferent  to  what  is  passing  here," 
he  wrote.  "Once  shaken  in  their  confidence  in  this 
government,  an  outrage  upon  the  rights  or  person  of 
one  influential  American  will  produce  the  spark  of  ig- 
nited matter  that  will  kindle  into  a  conflagration,  which, 
we  can  not  doubt,  will  immediately  extend  itself  to  the 
sympathies  of  the  people  of  another  government." 

The  "people  of  another  government"  that  B.  W. 
Edwards  had  in  mind  were,  of  course,  the  American 
people.  That  letter  was  written  in  July,  so  that  it  would 
seem  that  even  then  revolt  was  thought  of  by  him  as 
a  final  resort  if  the  government  should  persist  in  its 
attitude.  There  can  be  little  doubt  that  the  Edwards 
brothers  reasoned  that  if  they  launched  a  revolt  it  would 
draw  strength  from  the  east  side  of  the  Sabine  as  well 
as  from  the  Americans  in  Austin's  colony  and  the  other 
settlements  in  Texas.  If  there  was  any  purpose  in 
B.  W.  Edwards's  mind  to  sound  out  Austin  on  the  sub- 
ject when  he  asked  for  advice,  he  received  no  encour- 
agement whatever.  It  is  significant  that  when  the 
decision  to  revolt  was  finally  made  it  was  done  without 
consulting  anybody  in  Austin's  colony.  The  fatal  step 
was  taken  first,  the  standard  of  revolt  unfurled,  before 
an  appeal  was  made  to  any  of  the  settlers  outside  the 
Nacogdoches  district.  And  then  it  was  to  the  militia 
officers  of  the  various  settlements  that  the  appeal  was 
sent. 

The  decision  was  made  in  the  middle  of  December, 
and  before  making  any  public  declaration  of  their  pur- 
pose the  Edwards  brothers  sought  an  alliance  with  the 


REPUBLIC  OF  FREDONIA 243 

Cherokee  Indians  in  the  region  north  of  Nacogdoches, 
who  had  migrated  from  the  United  States  a  few  years 
before.  These  Indians  had  sent  representatives  to 
Mexico  City  in  1822  to  ask  for  a  grant  of  land,  and 
the  reply  of  the  government  had  not  been  satisfactory 
to  them.  They  were  resentful  of  the  delays  which  had 
occurred,  and  Hayden  Edwards  sought  to  capitalize 
this  situation  by  promising  these  Indians  the  lands  they 
desired  if  they  joined  him  in  a  movement  to  drive  the 
Mexicans  from  Texas.  On  December  18a  committee, 
of  which  both  the  Edwards  brothers  were  members, 
went  into  conference  with  Richard  Fields,  John  Dunn 
Hunter  and  three  other  Cherokee  chiefs,  on  the  terms 
of  an  alliance.  The  powwow  lasted  three  days,  at  the 
end  of  which  a  treaty  was  signed.  This  treaty  provided 
that  the  Indians  would  join  Edwards  and  his  followers 
in  a  war  against  the  Mexicans,  and  that  Texas  would 
be  divided  into  two  parts  by  a  line  drawn  east  and  west 
from  a  point  just  north  of  Nacogdoches.  The  region 
north  of  this  line  would  be  given  to  the  Indians  and 
the  territory  south  of  it,  to  the  Rio  Grande,  would  be 
formed  into  an  independent  republic,  to  which  the 
Edwards  brothers  gave  the  high-sounding  name  of 
Fredonia. 

Meantime  the  movement  had  gathered  a  number  of 
adherents  from  the  region  between  Nacogdoches  and 
the  Sabine,  and  on  December  18  they  took  possession 
of  the  old  "stone  fort"  and  proceeded  to  fortify  it.  It 
was  then  that  the  Fredonians  turned  to  the  other  colo- 
nists, and  the  facile  pen  of  B.  W.  Edwards  was  brought 
into  play  in  writing  "stirring  appeals."  At  the  same 
time  an  appeal  to  the  people  of  the  United  States  for 


244  A  HISTORY  OF  TEXAS 

aid  was  dispatched  to  Natchitoches,  but  no  sooner  was 
the  messenger  out  of  the  country  than  he  renounced 
his  allegiance  to  the  Fredonian  cause  and  published  an 
unfavorable  account  of  the  whole  affair  in  the  news- 
paper at  Natchitoches. 

The  literary  productions  of  B.  W.  Edwards  are  among 
the  chief  remains  of  the  Fredonian  war,  as  it  has  come 
to  be  known,  and  they  give  a  vivid  picture  of  the  affair, 
from  his  point  of  view  at  least.  He  sent  stirring  mis- 
sives to  Capt.  Aylett  C.  Buckner,  in  Austin's  colony  on 
the  Colorado;  to  Capt.  Jesse  Thompson,  on  the  San 
Bernard;  to  Col.  James  Ross,  on  the  Colorado;  to  Capt. 
Bartlett  Syms,  on  the  Brazos,  and  to  others.  And  in 
addition  to  these  specific  appeals,  he  issued  a  general 
proclamation  calling  upon  all  Anglo-Americans  to  rally 
to  the  glorious  Fredonian  cause. 

To  Captain  Buckner  he  wrote  as  follows: 
"Enclosed  are  papers  which  will  explain  their  mean- 
ing. Though  a  stranger  to  you,  I  take  it  upon  myself 
to  forward  you  these  documents  at  the  request  of  my 
brother;  and  from  a  high  regard  for  your  character 
and  true  American  feelings,  long  since  known  to  me, 
I  am  prompted  at  this  moment  to  open  a  correspond- 
ence with  you,  believing  that  in  times  like  these  we 
would  both  feel  superior  to  the  little  formalities  of 
fashionable  intercourse,  which  too  often  cramp  the  acts 
of  congenial  souls. 

"Buckner,  cthis  is  the  time  to  try  the  souls  of  men! J 

"The  flag  of  liberty  now  waves  in  majestic  triumph 

on  the  heights  of  Nacogdoches,  and  despotism  stands 

appalled  at  the  sight.     I  need  not  say  to  you  why  we 

have  taken  this  bold  and  determinate  stand.     You  are 


REPUBLIC  OF  FREDONIA  245 

not  ignorant  of  the  oppressions  here,  nor  can  you  be 
less  acquainted  with  the  treachery  and  perfidy  of  the 
government. 

"We  have  found  documents  in  the  office  here  mak- 
ing it  evident  that  troops  would  be  sent  on  to  force  us 
into  submission  to  our  wrongs,  and  to  dragoon  us  into 
slavery.  We  are  Americans,  and  will  sooner  die  like 
freemen  than  to  live  like  slaves! 

"We  have  not  acted  blindly  or  precipitately  in  this 
matter.  We  have  for  some  time  looked  forward  to 
this  issue,  and  were  preparing  for  it.  The  Indians  on 
our  north  have  long  since  intended  the  same  thing,  and 
have  only  been  waiting  for  us  to  say  the  word.  They 
were  determined  to  have  a  part  of  the  country,  which, 
they  say,  was  promised  to  them  by  the  government, 
and  which  they  will  never  yield.  They  have  immi- 
grated of  late  in  great  numbers  to  the  northern  part 
of  this  province.  Under  those  considerations,  and  for 
our  own  security  and  protection,  we  have  just  completed 
a  treaty  with  them,  designating  a  line  to  the  north  of 
this,  running  westwardly  to  the  Rio  Grande,  securing  all 
individual  rights  within  their  territory. 

"The  treaty  was  signed  by  Dr.  John  D.  Hunter  and 
Richard  Fields  as  the  representatives  of  the  United 
Nations  of  Indians,  comprising  twenty-three  tribes. 

"They  are  now  our  decided  friends,  and  by  compact, 
as  well  as  interest,  they  are  bound  to  aid  us  in  effecting 
the  independence  of  this  country.  The  Comanches  are 
in  alliance  with  them,  and  their  united  efforts  will  be 
immediately  directed  against  this  base  and  faithless 
government.  We  will  be  in  motion  in  a  short  time. 
We  have  sent  communication  to  yours  and  to  every  dis- 


246  A  HISTORY  OF  TEXAS 

— — —— — i— — — — — — — — — — — —— —         i  i     — — i — ■M1III1.I1I.I..I.  i    mmmmmtmmm — — wmmam 

trict  in  the  province  inviting  each  district  to  appoint 
two  delegates,  to  assemble  here  and  make  a  declara- 
tion of  independence,  etc.  On  your  patriotism  and 
firmness  we  much  rely  in  promoting  this  glorious  end. 
I  have  no  doubt  that  the  people  in  Austin's  colony  are 
true  Americans  j  indeed,  I  have  pledged  my  word  on 
it.  Do  not  hazard  too  much;  but,  my  dear  sir,  we  can 
send  you  an  ample  force  to  secure  the  people  of  that 
colony,  and  will  do  it  the  moment  we  ascertain  they 
are  for  independence. 

"We  are  now  waiting  to  ascertain  that  fact  in  due 
form;  morally,  we  can  not  doubt  it.  You  are  Ameri- 
cans and  our  brothers,  and,  besides,  you  are  the  sons 
of  freemen.  To  arms,  then,  my  countrymen,  and  let 
us  no  longer  submit  to  the  caprice,  the  treachery,  and 
oppression  of  such  a  government  as  this! 

"Our  friends  in  the  United  States  are  already  in 
arms,  and  only  waiting  for  the  word.  We  had  some 
little  opposition,  on  the  Ayish  bayou,  from  a  few  servile 
tools  of  Norris  and  Gaines;  but  the  indignation  of  the 
multitude  rose  in  the  majesty  of  the  American  feeling, 
and  they  have  fled  in  precipitation,  and  returned  to  the 
United  States,  there  to  meet  the  indignant  scorn  of  every 
American. 

"The  cause  of  liberty  will  prevail,  and  in  a  little 
time  we  will  once  more  be  freemen! 

"I  have  written  to  you  like  an  old  acquaintance,  be- 
cause, in  times  like  these,  our  souls  should  speak  forth 
their  unaffected  feelings. 

"Adieu.     Let  me  hear  from  you  without  delay." 

This  flowery  epistle  is  a  fair  sample  of  the  effusions 
which  B.  W.  Edwards  turned  out  with  seeming  facility 


REPUBLIC  OF  FREDONIA  247 

and  dispatched  to  the  militia  officers  of  Austin's  colony. 
He  assured  all  of  them  that  it  was  "a  time  to  try  the 
souls  of  men,"  but  he  neglected  to  give  a  bill  of  par- 
ticulars of  the  grievances  which  justified  so  rash  a  step 
as  revolution.  He  predicated  his  appeals  almost  en- 
tirely on  the  circumstance  that  the  colonists  were 
Americans  and  their  "oppressors"  were  Mexicans. 
"We  are  Americans,"  he  wrote  to  Capt.  Jesse  Thomp- 
son, "and  will  die  sooner  than  submit  to  slavery  and 
oppression.  We  have  now  planted  the  standard  of  lib- 
erty and  independence,  and,  like  our  forefathers,  will 
support  it  or  perish  by  it.  Are  you  not  Americans,  too, 
and  our  brothers?  Will  you  not  rally  around  this  glo- 
rious standard  and  aid  us  in  support  of  this  holy  cause? 
To  arms,  then,  like  freemen  and  the  sons  of  those  de- 
parted patriots  who  fought  and  bled  for  freedom! 
Should  the  Spanish  troops  pass  the  Brazos,  if  you  are 
Americans,  they  never  will  return;  they  never  will  reach 
this  place."  In  his  letter  to  Col.  James  Ross,  with  no 
apparent  sense  of  incongruity,  he  coupled  this  appeal 
with  the  assurance  that  they  were  backed  up  by  the 
sacred  pledge  of  savage  Indians!  "We  call  upon  you 
and  every  American,  as  brothers  in  a  foreign  land," 
he  wrote,  "to  aid  us  in  this  holy  cause.  Twenty-three 
nations  of  Indians,  exclusive  of  the  Comanches,  are 
now  sacredly  pledged  to  aid  us  in  our  independence. 
We  must  succeed,  and  this  base  government  will  soon 
shake  to  its  foundations."  To  Capt.  Bartlett  Syms  he 
declared  that  volunteers  from  the  United  States  were 
already  on  the  move.  "To  arms,  my  dear  fellow,"  he 
urged  patronizingly.  "I  know  you  have  the  soul  of 
an  American  in  your  bosom.     Rouse  our  countrymen 


248 A  HISTORY  OF  TEXAS 

to  arms,  and  tell  them  that  in  a  short  time  we  will 
be  with  them  in  considerable  force.  Many  volunteers 
from  the  United  States  are  now  making  preparations  to 
join  us.    We  are  determined  upon  liberty  or  death !" 

It  was  in  the  general  appeal  to  the  colonists  as  a 
whole,  however,  that  B.  W.  Edwards  gave  his  muse 
full  rein.      That  ornate  and  eloquent  document  read 
as  follows: 
"Fellow  Citizens: 

"An  important  crisis  is  at  hand — the  clouds  of  Fate 
are  fast  gathering  over  our  heads,  full  of  portentous 
import — the  rude  clarion  of  War  already  reverberates 
through  our  forests;  whilst  the  majestic  Flag  of  Liberty 
is  joyously  waving  over  this  once  hopeless  country. 
Yes,  Fellow-Citizens,  that  glorious  Flag  which  con- 
ducted our  Fathers  to  freedom,  has  been  reared  by 
descendants,  who  burn  with  a  generous  ambition  to 
equal  their  immortal  deeds;  and  under  its  shadow  and 
protection  we  invite  you  to  unite  with  us  in  brotherly 
confidence,  and  in  bloody  battle,  if  our  common  enemies 
shall  force  this  issue  upon  us. 

"You  have  been  much  more  fortunate  than  we  have 
been,  in  being  permitted  to  enjoy  the  benefits  of  self- 
government,  without  the  continual  intrusion  of  tyran- 
nical monsters  appointed  to  harass  and  to  persecute  in 
the  name  of  the  miscalled  Mexican  Republic.  Your 
laws  are  merely  social,  and  such  as  were  compatible  with 
your  own  feelings;  and  dictated  by  the  genius  of  that 
Constitution  which  gave  you  political  birth.  But  here 
the  true  spirit  of  this  perfidious  government  has  op- 
erated in  its  natural  channel.  Here  have  we  seen 
exemplified  the  melancholy  fact  that  an  American  free- 


REPUBLIC  OF  FREDONIA  249 

man,  so  soon  as  he  enters  the  confines  of  the  Mexican 
Empire,  becomes  a  slave.  Here  have  we  seen  tyranny 
and  oppression  in  its  rankest  shape,  not  surpassed  by 
monarchy  itself,  even  in  the  darkest  period  of  colonial 
bondage.  Not  only  the  petty  tyrants  here,  but  the  Gov- 
ernor himself  has  sanctioned  those  oppressions,  and  has 
decreed  the  expulsion  and  even  the  sacrifice  of  your 
fellow-citizens  for  asking  for  justice.  Yes,  Fellow- 
Citizens,  the  documents  found  in  the  Alcalde's  office 
at  this  place,  develop  facts  that  speak  awful  warning 
to  us  all.  They  prove,  too,  that  a  brutal  soldiery  were, 
ere  this  time,  to  be  let  loose  upon  this  devoted  country ; 
and  that  our  best  citizens  were  selected  as  victims  of  de- 
struction. In  a  little  time  you,  too,  would  have  felt  the 
rod,  the  galling  yoke,  that  bore  us  down.  Your  chains 
were  already  forged,  and  so  soon  as  the  laws  and  genius 
of  this  government,  administered  by  its  own  officers,  had 
operated  upon  you,  you  would  have  awoke  from  your 
fatal  delusion  and,  like  ourselves,  have  sprung  to  arms 
for  the  protection  of  your  rights  and  liberty. 

"And  yet,  Fellow-Citizens,  we  are  told  we  shall  meet 
you  in  the  ranks  of  our  oppressors;  that  the  flag  of  lib- 
erty, which  waves  on  high,  is  to  be  assailed  by  Ameri- 
cans; and  that  the  first  bloody  conflict  must  be  'Greek 
against  Greek.'  Forbid  it  Heaven! ! !  O,  no,  this  can 
never  be!  The  world  will  never  witness  such  a  horrid 
sight!  What!  Americans  marching  in  the  ranks  of 
tyrants,  to  prostrate  the  standard  of  Liberty,  raised  for 
the  protection  of  their  oppressed  and  suffering  brothers? 
The  graves  of  our  forefathers  would  burst  open  and 
send  forth  the  spirits  of  the  dead!  The  angel  of  Lib- 
erty, hovering  over  such  a  scene,  would  shriek  with  hor- 


250 A  HISTORY  OF  TEXAS 

ror  and  flee  from  earth  to  Heaven!  Fellow-Citizens,  I 
know  you  better!  I  have  already  pledged  my  honor 
upon  your  patriotism  and  your  bravery.  I  am  now  will- 
ing to  stake  my  life  upon  it,  and  to  lay  my  bosom  bare 
to  the  bayonets  of  you,  my  Fellow-Citizens  and  Friends, 
in  such  a  case.  I  am  not  ignorant  that  attempts  have 
been  made  to  invoke  your  hostility  against  us,  and  that 
even  official  documents  have  been  read  to  you,  impugn- 
ing the  motives  and  misrepresenting  the  designs  of  those 
who  have  rallied  around  the  standard  of  Liberty.  But, 
my  Friends,  those  imputations  are  false  as  hell,  and  only 
worthy  of  those  who  know  not  how  to  appreciate  the 
holy  feelings  of  freemen,  and  whose  great  ambition  is 
to  be  the  pliant  tools  of  power. 

"We  have  undertaken  this  cause  in  defense  of  our 
violated  rights,  and  are  actuated  by  such  feelings  as 
prompted  our  forefathers  to  draw  their  swords  in 
'Seventy-six.'  Our  oppressions  have  been  far  greater 
than  they  ever  bore ;  and  we  should  be  unworthy  of 
those  departed  patriots  and  of  our  birthright  had  we  any 
longer  bowed  our  free-born  necks  to  such  abject  tyranny. 
You  have  been  told,  Fellow-Citizens,  that  we  are  rob- 
bers, and  that  your  lives  and  property  are  in  danger  from 
us.  You  cannot  believe  it.  We  have  saved  you,  Fellow- 
Citizens,  from  impending  ruin.  A  few  months  will  de- 
velop to  you  facts  that  will  draw  forth  ejaculations 
of  gratitude  toward  those  who  are  now  shamefully 
traduced  because  they  are  too  proud  to  be  slaves.  We 
have  made  a  solemn  treaty  with  Col.  Richard  Fields 
and  Dr.  John  D.  Hunter,  as  the  representatives  of 
twenty-three  nations  of  Indians,  who  are  now  in  al- 
liance with  the  Comanche  Nation.    In  that  treaty  your 


REPUBLIC  OF  FREDONIA  251 

rights,  your  lands,  are  guaranteed,  unless  you  take  up 
arms  against  us.  Fellow-Citizens,  most  of  you  know 
me,  and  will  do  my  motives  justice.  I  have  been  hon- 
ored with  the  chief  command  of  our  forces.  I  will 
pledge  my  life,  my  honor  for  the  security  of  your  rights, 
and  the  safety  and  protection  of  your  wives  and  chil- 
dren. You  have  nothing  to  fear  from  us,  or  from  our 
allies.  You  have  everything  to  hope  from  our  success. 
We  have  not  taken  up  arms  against  you,  my  Friends, 
but  to  protect  you  and  ourselves.  If  we  meet  in  bloody 
conflict,  we  at  least  will  not  be  the  aggressors. 

"Fellow-Citizens,  we  must  succeed!  We  will  be  free- 
men, or  we  will  perish  with  the  Flag!  Be  firm,  be  faith- 
ful to  your  brothers,  who  are  now  struggling  for  their 
rights,  and  the  conflict  will  be  short!  We  have  rejected 
the  overtures  of  peace,  because  we  know  this  perfidious 
government  too  well  to  be  betrayed  a  second  time.  Lib- 
erty and  Independence  we  will  have,  or  we  will  perish 
in  the  cause!  Like  Americans  we  will  live — like 
Americans  we  will  die!  I  have  pledged  myself!  You 
will  do  the  same ! " 

That  this  outburst  of  eloquence,  announcing  the  in- 
auguration of  a  revolution,  created  a  sensation  through- 
out the  settlements  can  be  well  imagined.  But  every- 
where the  proposal  of  the  "Fredonians"  was  condemned 
and  it  was  soon  clear  that,  far  from  joining  in  the  re- 
volt, the  colonists  were  ready  to  support  the  govern- 
ment in  putting  it  down. 

Austin  lost  no  time  in  taking  steps  to  deal  with  the 
situation.  As  soon  as  he  learned  of  the  proceedings  at 
Nacogdoches,  he  dispatched  messages  to  all  the  settle- 


252  A  HISTORY  OF  TEXAS 

ments,  calling  upon  the  colonists  to  be  ready  to  stand  by 
the  government.  He  wrote  to  some  of  the  eastern  colo- 
nists who  had  joined  Edwards  and  begged  them  to  turn 
back  before  it  was  too  late.  Without  delay  also  he  sent 
a  committee  from  his  colonists,  headed  by  Captain  Wil- 
liam S.  Hall,  to  Nacogdoches  to  confer  with  the  leaders 
of  the  revolt,  offering  to  intercede  with  the  government 
and  to  attempt  to  bring  about  an  adjustment  of  the  con- 
troversy. One  of  the  members  of  Edwards's  governing 
committee  was  B.  J.  Thompson,  with  whom  Austin  was 
on  very  friendly  terms,  and  to  him  Austin  sent  a  per- 
sonal appeal.  "My  friend,  you  are  wrong,"  he  wrote, 
"totally  wrong  from  the  beginning  to  the  end  of  this 
Nacogdoches  affair.  I  have  no  doubt  that  great  cause 
of  complaint  exists  against  the  alcalde  and  a  few  others 
in  that  district,  but  you  have  taken  the  wrong  method 
of  seeking  redress.  The  law  has  pointed  out  the  mode  of 
punishing  officers  in  this  government  from  the  president 
down,  and  no  individual  or  individuals  ought  to  assume 
to  themselves  that  authority;  but  what  is  past  is  done — 
let  us  forget  it,  and  look  to  the  future.  If  you  will  take 
reason  for  your  guide  in  the  future  and  do  your  duty  as 
a  citizen  of  this  government,  all  will  be  right.  The 
Chief  of  this  department  is  on  his  way  to  Nacogdoches; 
his  object  is  to  regulate  the  government  and  do  justice 
to  all — he  is  a  mild  and  good  man  and  will  never  do  an 
act  of  injustice  to  anyone,  and  if  you  will  come  forward 
freely  and  without  reserve  and  in  a  respectful  manner 
submit  to  his  authority,  you  will  save  yourself  and  fam- 
ily from  total  and  inevitable  ruin.  You  have  been  most 
astonishingly  imprudent,  but  I  do  not  think  it  is  too  late 


REPUBLIC  OF  FREDONIA  253 

for  you  to  settle  all  that  is  past,  for  I  cannot  believe  that 
you  have  been  so  mad  as  to  think  of  joining  the  Indians 
and  opposing  the  government  by  force. 

"The  people  of  this  colony  are  unanimous.  I  have  not 
heard  of  one  here  who  is  not  opposed  to  your  violent 
measures,  and  there  is  not  one  amongst  us  who  will  not 
freely  take  up  arms  to  oppose  you  and  sustain  the  gov- 
ernment, should  it  be  necessary  to  do  so.  My  wish  is 
to  befriend  you  all,  so  far  as  I  can  consistent  with  my 
duty,  and  if  you  will  rely  upon  me  and  listen  to  my  ad- 
vice all  will  be  settled  easily.  Separate  yourself  from 
all  factions;  disband  your  volunteer  company  raised  in 
violation  of  the  laws;  and  submit  to  the  government 
freely  and  without  hesitation,  and  put  aside  your  arms. 
If  you  do  this  I  have  no  doubt  but  everything  will  be 
satisfactorily  settled;  take  the  opposite  course  and  you 
are  lost,  for  you  need  not  believe  those  who  tell  you  that 
this  government  is  without  force.  They  can  send  three 
thousand  men  to  Nacogdoches,  if  it  should  be  necessary, 
and  there  is  not  a  man  in  this  colony  who  would  not  join 
them.  Think  what  you  are  about,  my  friend,  and  save 
yourself  by  adopting  the  course  I  have  pointed  out  before 

it  is  too  late." 

i 

Captain  Hall  and  his  committee  returned  to  say  that 
Austin's  offer  to  mediate  had  been  refused  and  that  noth- 
ing could  be  done  with  the  rebels.  They  reported  also 
that  the  total  force  of  the  Fredonians  was  rather  small, 
not  exceeding  forty  men.  Meantime,  Saucedo,  the  po- 
litical chief,  started  for  San  Felipe,  and  also  dispatched 
a  force  of  soldiers,  under  Colonel  Mateo  Ahumada,  to 
that  place.  He  directed  Austin  to  raise  a  force  of  vol- 
unteers among  the  colonists. 


254  A  HISTORY  OF  TEXAS 

Austin  had  sent  messages  to  all  the  settlements  in  the 
colony,  immediately  upon  receipt  of  the  news  of  the 
trouble  at  Nacogdoches  and  of  the  action  of  B.  W.  Ed- 
wards in  attempting  to  obtain  the  adherence  of  his  colo- 
nists. The  message  sent  to  the  district  of  Victoria  was 
characteristic  of  all  of  them.    It  was  as  follows: 

"My  Friends:  An  important  crisis  has  arrived  in  the 
progress  of  this  country,  and  in  the  destiny  of  this  col- 
ony. We  stand  high  with  the  government,  and  an  op- 
portunity is  now  presented  of  raising  our  characters  still 
higher  and  placing  this  colony  on  a  firm  footing  as  re- 
gards the  opinion  of  the  government,  and  I  think  there 
is  not  one  man  in  the  colony  who  will  not  with  pleasure 
embrace  it. 

"A  small  party  of  infatuated  madmen  of  Nacog- 
doches have  declared  Independence  and  invited  the  In- 
dians from  Sabine  to  Rio  Grande  to  join  them,  and  wage 
a  war  of  murder,  plunder,  and  desolation  on  the  inno- 
cent inhabitants  of  the  frontier.  The  leader  of  this 
party  is  Martin  Parmer ;  and  Jim  Collier,  Bill  English, 
the  Yokums,  and  men  of  that  character  are  his  asso- 
ciates. Agreeable  to  information  received  this  day  un- 
der date  of  28th  of  December,  this  party  is  about  forty 
strong.  All  the  well  disposed  and  honest  part  of  the  peo- 
ple on  Ayish  Bayou  are  decidedly  opposed  to  them,  and 
there  is  a  force  of  seventy  men  united  there  against  the 
Nacogdoches  madmen  and  in  favor  of  the  government. 

"The  chief  of  department  and  the  military  com- 
mander will  be  here  tomorrow  or  next  day  on  their  way 
to  Nacogdoches,  and  I  wish  to  raise  an  escort  of  about 
thirty  men  to  go  with  them.  This  is  a  mark  of  respect 
we  owe  these  officers,  and  at  this  particular  time  it  will 


REPUBLIC  OF  FREDONIA  255 

have  a  decisive  influence  on  the  future  prospects  of  this 
colony.  It  will  also  have  a  very  great  influence  in  the 
quieting  and  settling  the  difficulties  in  that  part  of  the 
country,  for  the  men  who  go  from  here,  by  their  pres- 
ence under  the  banner  of  the  government,  will  at  once 
dissipate  the  errors  which  these  people  have  been  in- 
duced to  believe  by  a  few  artful  men,  as  regards  the 
part  this  colony  will  take.  It  will  have  a  much  better 
effect  for  the  people  to  volunteer  on  this  service  than 
to  be  called  on  officially,  and,  in  order  to  give  them  a 
full  opportunity  of  showing  their  patriotism  and  their 
love  of  good  order,  virtue  and  justice,  I  have  made  no 
official  call,  but  merely  appeal  to  you  as  men  of  honor, 
as  Mexicans,  and  as  Americans,  to  do  your  duty,  but  I 
am  happy  to  say  that,  in  this  instance,  they  are  the  same. 
It  is  our  duty  as  Mexicans,  to  support  and  defend  the 
government  of  our  adoption,  by  whom  we  have  been 
received  with  the  kindness  and  liberality  of  an  indul- 
gent parent.  It  is  our  duty  as  men,  to  suppress  vice, 
anarchy,  and  Indian  massacre.  And  it  is  our  duty  as 
Americans  to  defend  that  proud  name  from  the  infamy 
which  this  Nacogdoches  gang  must  cast  upon  it  if  they 
are  suffered  to  progress.  It  is  also  our  interest,  most 
decidedly  our  interest,  to  do  the  same,  for  without  reg- 
ular government,  without  law,  what  security  have  we 
for  our  persons,  our  property,  our  characters,  and  all  we 
hold  dear  and  sacred? 

"None,  for  we  at  once  embark  on  the  stormy  ocean  of 
anarchy,  subject  to  be  stripped  by  every  wave  of  fac- 
tion that  rolls  along,  and  must  finally  sink  into  the  gulf 
of  ruin  and  infamy. 

"The  occasion  requires  an  effort  on  the  part  of  the 


256  A  HISTORY  OF  TEXAS 

people  of  this  colony,  and  to  give  it  its  full  force  I  wish 
that  it  should  be  voluntary  and  unanimous.  And  I  wish 
the  inhabitants  of  the  District  of  Victoria  to  meet  and 
adopt  such  resolutions  on  this  subject  as  their  patriotism 
may  suggest,  and  to  come  out  openly  and  above  board  in 
expressing  their  disapprobation  of  this  Nacogdoches 
business  and  make  an  offer  of  their  services  to  the  Gov- 
ernor to  march  against  the  insurgents,  should  it  be  nec- 
essary to  do  so.  And  then  appoint  a  committee  to  wait 
on  the  chief  of  department  with  the  respects  of  those  in- 
habitants and  to  present  the  resolutions.  Such  a  thing 
will  be  done  by  every  other  part  of  the  colony  and  will 
have  a  very  happy  influence  on  our  future  prosperity. 

"I  wish  the  men  who  volunteer  to  go  with  the  chief 
to  be  here  as  soon  as  they  can  conveniently  prepare  them- 
selves for  the  trip,  ten  men  from  the  District  of  Vic- 
toria will  be  enough,  unless  more  wish  to  go,  for  it  is 
good  and  honorable  service. 

"I  have  no  doubt  that  you  will  be  active  and  prompt 
in  this  business  and  embrace  the  opportunity  that  is  now 
presented  with  pleasure.  Wishing  you  a  happy  New 
Year,  I  remain  very  respectfully  your  friend  and  fellow- 
citizen  and  recommend  to  you  Union  and  Mexico." 

The  settlers  in  all  parts  of  the  colony  were  of  one 
mind  about  the  Nacogdoches  movement.  Universally 
they  were  against  it,  and  they  promptly  followed  Aus- 
tin's suggestion  to  hold  meetings  for  the  purpose  of  ex- 
pressing their  sentiments.  Resolutions  were  adopted, 
strongly  condemning  the  insurgents,  expressing  loyalty 
to  the  government  and  volunteering  to  serve  in  putting 
down  the  revolt.  On  January  4,  for  example,  the  citi- 
zens of  Mina,  Austin's  Colony,  met  under  the  chair- 


REPUBLIC  OF  FREDONIA 257 

manship  of  Thomas  M.  Duke,  alcalde,  adopted  strong 
resolutions,  and  appointed  a  committee  consisting  of 
William  Kincheloe,  William  Selkirk  and  Isaac  Phillips, 
to  present  them  to  the  political  chief.  The  resolutions 
were  as  follows: 

"1st.  We  unanimously  declare  our  firm  resolution 
to  support  the  Mexican  Constitution  and  the  Constitu- 
tion of  the  State  of  Coahuila  and  Texas. 

"2nd.  We  feel  deeply  incensed  at  the  conduct  of 
those  Americans  at  Nacogdoches  who  have  openly  raised 
the  standard  of  Rebellion  against  the  Government,  and 
offer  our  services  unanimously  to  suppress  it. 

"3rd.  We  would  wish  the  Government  to  understand 
clearly  and  distinctly  that  those  traitors  at  Nacogdoches, 
at  least  the  leading  men,  are  of  infamous  character,  who 
have  been  obliged  to  fly  from  the  United  States  for  mur- 
der and  other  crimes  committed  there. 

"4th.  We  likewise  from  the  personal  attachment  we 
feel  towards  the  Governor  as  the  chief  executive  officer 
of  our  state  wish  him  every  success,  and  that  he  may  be 
able  to  quell  in  a  short  time  the  insurrection,  and  restore 
peace  and  harmony  to  the  people." 

On  January  6  the  inhabitants  of  the  town  of  San 
Felipe  and  of  the  surrounding  country  held  a  similar 
meeting  and  adopted  resolutions.  These  resolutions  de- 
clared that  "they  view  the  attempt  of  the  Nacogdoches 
party  to  declare  independence  and  call  in  the  aid  of 
Indians  to  wage  war  against  the  peaceful  inhabitants 
of  Texas  with  the  most  decided  disapprobation,  and  are 
ready  to  rally  round  the  standard  of  the  Mexican  Na- 
tion and  sustain  its  government  and  authority  by  force 
of  arms  whenever  called  upon. 


258 A  HISTORY  OF  TEXAS 

"The  inhabitants  frankly  and  freely  declare  they  are 
satisfied  with  the  government  of  their  adoption  and  are 
grateful  for  the  favors  they  have  received  from  it,  and 
have  full  reliance  on  its  justice  and  magnanimity,  and 
that  they  will  take  up  arms  in  its  defense  whenever 
necessary  to  do  so. 

"With  the  greatest  pleasure  they  receive  the  chief  of 
this  department  and  commandant  of  arms  and  respect- 
fully present  to  those  distinguished  officers  their  most 
sincere  welcome  and  congratulations  on  their  arrival  in 
this  colony,  and  through  them  to  the  superior  govern- 
ment the  assurance  of  our  firmness  and  patriotism  in 
defense  of  the  liberty,  honor,  and  rights  of  the  Mexican 
Nation  to  which  we  have  the  honor  to  belong. 

"Resolved,  by  this  meeting,  that  this  declaration  be 
signed  by  the  alcalde  in  the  name  and  in  behalf  of  the 
inhabitants  of  this  District  and  that  two  persons  be  ap- 
pointed a  committee  to  present  one  copy  of  them  to  the 
Chief  of  Department  and  another  to  Col.  Mateo 
Ahumada,  the  commandant  of  arms  of  this  Department 
of  Texas." 

This  document  was  signed  by  M.  M.  Battle,  alcalde, 
and  was  presented  to  Saucedo,  the  political  chief,  and 
Colonel  Ahumada,  the  military  commander  of  the  de- 
partment, who  had  just  arrived  in  San  Felipe.  Similar 
resolutions  were  sent  in  from  other  settlements  in  the 
colony,  and  when  word  of  these  proceedings  in  Austin's 
colony  was  received  in  DeWitt's  colony  on  the  Lavaca 
similar  action  was  taken  there.  The  resolutions  of  De- 
Witt's  settlers,  which  were  signed  by  Byrd  Lockhart, 
as  chairman,  and  James  Norton,  as  secretary,  declared: 

"1st.  That  the  people  of  the  Colony  came  to,  and  set- 


REPUBLIC  OF  FREDONIA  259 

tied  in  the  Mexican  Nation,  by  the  benign  influence  of 
her  laws;  that  as  adopted  children  they  have  full  confi- 
dence and  faith  in  the  equity,  justice  and  liberality  of 
the  Federal  and  State  Governments  of  their  new  parent. 

"2d.  That  their  great  object  in  leaving  their  parent 
country  and  emigrating  hither  was  not  for  the  purpose 
of  unsheathing  the  sword  of  insurrection,  war,  blood- 
shed and  desolation,  but  as  peaceable  and  industrious 
subjects  to  cultivate  and  inhabit  the  bounteous  domain 
so  liberally  extended  and  offered  them  by  the  governors 
of  the  land  of  their  choice. 

"3d.  That  we  hope  that  the  Mexican  Nation  will 
draw  a  just  line  of  distinction  between  the  honest,  in- 
dustrious and  peaceable  American  emigrants,  and  those 
of  bad  character,  whom  we  consider  refugees  and  fugi- 
tives from  justice,  who  have  raised  the  flag  of  'Inde- 
pendence' at  Nacogdoches,  but  with  them  have  spread 
confusion,  robberies,  oppressions,  and  bloodshed  3  that 
we  look  upon  the  ring-leaders  of  that  party  with  con- 
tempt and  disgust,  and  that  they  are  unworthy  the  char- 
acter of  Americans. 

"4th.  That  we  pledge  our  lives  and  our  fortunes  to 
support  and  protect  the  constitutional  authorities  in  this, 
our  much  beloved  and  adopted  country. 

"5th.  That  we  feel  every  sentiment  of  gratitude  to- 
ward our  fellow  citizens  and  brothers,  His  Excellency 
the  Political  Chief,  and  the  officers  and  men  with  him 
for  their  indefatigable  exertions,  by  forced  marches, 
etc.,  to  allay,  suppress,  and  bring  to  condign  punishment 
those  persons  who  may  be  found  guilty  of  treason  against 
this  government,  and  to  establish  subordination,  good 
order,  and  tranquillity. 


260  A  HISTORY  OF  TEXAS 

"6th.  Resolvedy  that  the  chairman  and  secretary  sign 
the  foregoing  resolutions,  and  transmit  same  to  Colonel 
Stephen  F.  Austin,  and  that  he  be  requested  to  translate 
them  and  submit  them  to  His  Excellency  the  Political 
Chief." 

Such  was  the  answer  of  the  settlers  throughout  Texas 
to  the  "ringing  appeals"  of  B.  W.  Edwards  in  behalf  of 
the  "Republic  of  Fredonia."  When  Saucedo  and 
Ahumada  arrived  at  San  Felipe  they  found  the  entire 
population  of  Austin's  colony  loyal  to  the  government 
and  ready  to  assist  in  putting  down  the  insurgents. 

Austin,  however,  was  resolved  to  bring  about  a  peace- 
ful settlement  of  the  whole  affair  if  that  was  possible, 
and  to  this  end  he  importuned  Saucedo  to  offer  to  the 
insurgents  a  general  amnesty,  together  with  a  promise 
to  make  a  full  investigation  of  grievances,  including  the 
cancellation  of  Edwards's  contract  and  the  claim  of  the 
Indians  for  a  grant  of  land.  He  proposed  that  a  delega- 
tion of  settlers  from  his  colony  convey  this  offer  to 
Nacogdoches  and  present  it  to  the  leaders.  Saucedo  con- 
sented to  this  plan,  and  accordingly  official  communica- 
tions were  prepared  setting  forth  these  terms.  A  letter 
from  Saucedo  to  Hayden  Edwards  agreed  to  overlook 
all  that  had  occurred  in  Nacogdoches  and  to  reopen  the 
case  with  respect  to  his  contract,  provided  the  insur- 
gents would  lay  down  their  arms.  In  addition  to  this 
there  were  letters  from  Saucedo  and  Ahumada  to  Rich- 
ard Fields,  chief  of  the  Cherokees,  and  a  letter  from 
Austin  to  John  Dunn  Hunter,  the  representative  of  the 
Cherokee  tribes  in  their  petition  for  lands  and  in  their 
compact  with  Edwards.     A  committee,  consisting  of 


REPUBLIC  OF  FREDONIA  261 

Richard  Ellis,  James  Cummins  and  James  Kerr,  was 
accordingly  sent  to  Nacogdoches  to  present  these  com- 
munications. 

The  character  of  the  whole  mission  may  be  judged 
from  a  passage  in  Austin's  letter  to  Hunter.  "As  re- 
spects the  Edwardses,"  he  wrote,  "they  have  been  de- 
ceived or  are  deceiving  themselves  as  to  my  feelings  to- 
wards them,  and  the  letters  of  the  chief  of  department 
and  commandant-of-arms  to  Hayden  Edwards  ought  to 
be  sufficient  to  prove  to  them  that  I  have  at  least  done 
nothing  against  them.  This  government  has  by  these 
letters  offered  a  complete  and  full  and  unequivocal  ob- 
livion as  to  the  occurrences  at  Nacogdoches  since  the 
commencement  of  these  last  disturbances,  provided  they 
now  cease.  This  places  Edwards  and  the  others  on  the 
same  ground  they  occupied  before  this  affair;  also  the 
door  is  open  for  a  new  hearing,  or,  if  you  please,  a  hear- 
ing in  full  (supposing  none  to  have  been  heretofore 
had),  as  to  the  affairs  of  his  colony  and  everything  con- 
nected with  his  acts  since  he  came  to  the  country. 

"The  personal  security  of  all  concerned  is  guaranteed 
expressly  by  the  chief  in  his  letters  while  these  matters 
(whose  origin  was  previous  to  the  last  disturbance)  are 
under  investigation;  and  as  to  the  union  and  acts  of  the 
party  at  Nacogdoches,  there  will  be  no  investigation  of 
any  kind,  for  the  general  oblivion  settles  all  that  forever 
as  respects  the  government.  .  .  .  Edwards  can  have  an 
opportunity  of  showing  that  the  information  given 
against  him  by  the  local  authorities  of  Nacogdoches  was 
false,  and  that  the  government  has  been  deceived  by 
those  subordinate  officers;  and  if  he  proves  this,  justice 


262  A  HISTORY  OF  TEXAS 

and  equity  and  honor  will  at  once  say  that  if  injustice 
has  been  done  to  him  by  a  hasty  decision,  that  decision 
should  be  reversed." 

With  high  hopes  of  success,  therefore,  Ellis,  Cum- 
mins and  Kerr  set  out  for  Nacogdoches.  The  result  of 
their  visit  is  best  told  in  the  report  which  they  made  on 
their  return.  This  report,  which  was  addressed  to  Aus- 
tin, read  as  follows: 

"Sir, — We  have  the  honor  to  report  to  you,  and 
through  you  to  His  Excellency,  the  political  chief  of 
the  department  of  Texas,  that  we  have  failed  of  suc- 
cess in  the  hoped-for  object  of  our  mission  to  Nacog- 
doches. We  proceeded  with  all  possible  dispatch  to  the 
Neches  River,  where  we  met  an  outpost  of  the  insur- 
gents stationed  in  the  house  of  Colonel  Bean.  They  had 
taken  possession  of  the  boat  and  all  of  Bean's  property 
and  declared  it  confiscated.  On  our  arrival  at  said  post 
the  soldiers  informed  us  that  the  country  was  revolu- 
tionized from  there  to  the  Sabine  River. 

"We  therefore  deemed  it  important  and  to  our  safety 
to  make  known  to  those  people  the  object  of  our  mission, 
and  to  inform  them  of  the  generous  and  friendly  propo- 
sition of  his  Excellency:  that  justice  was  offered  and 
mercy  would  be  extended  to  all  who  would  return  to 
their  duty;  at  which  they  seemed  well  pleased,  and  ex- 
pressed a  wish  that  we  would  succeed  in  the  hoped-for 
object. 

"We  reached  Nacogdoches  the  next  day,  and  direct- 
ly made  known  to  the  principal  men  of  the  factionists 
our  business.  They  informed  us  that  the  laws  of  war 
had  been  declared  in  Nacogdoches,  and  that  they  should 
expect  us  to  be  governed  by  them.     We  were  therefore 


REPUBLIC  OF  FREDONIA  263 

under  the  necessity  of  meeting  the  principals  in  private, 
which  we  did,  viz:  Hay  den  and  Benjamin  Edwards,  on 
the  part  of  the  white  people,  and  one  John  D.  Hunter 

and  — Bassett,  on  the  part  of  the  red  people.    (This 

Hunter  said  he  was  the  representative  of  twenty-three 
tribes  of  Indians  and,  further,  that  he  was  the  absolute 
agent  and  attorney  in  fact  for  Dick  Fields.) 

"We  delivered  the  official  documents  to  those  pres- 
ent, and  those  for  Fields  were  delivered  to  Hunter.  We 
then  went  into  a  friendly  discussion  by  way  of  exhorta- 
tion of  them,  founded  on  the  proclamation  and  amnesty 
granted  by  his  Excellency,  and  urged  the  same  with  all 
our  force 3  that  it  held  forth  to  view  justice  and  mercy, 
and  the  bounty  and  munificence  of  this  our  beloved  and 
adopted  country.  We  argued  that  this  highly  benevo- 
lent act  on  the  part  of  the  Mexican  government  must 
place  the  same  on  high  and  very  exalted  ground  with 
and  in  the  eyes  of  all  the  republics  of  the  earth,  and 
gives  at  one  view  every  assurance  of  a  warm-hearted 
and  affectionate  step-mother ;  that  it  was  proof  and 
guarantee  of  the  republic  resting  on  the  broad  basis  of 
justice,  liberty  and  equal  rights! 

"For  all  of  which  we  received  for  answer  that  they 
never  would  concede  one  inch,  short  of  an  acknowledg- 
ment on  the  part  of  the  government,  of  their  entire, 
free,  and  unmolested  independence,  from  the  Sabine  to 
the  Rio  Grande;  that  they  viewed  the  Mexican  govern- 
ment (as  it  was  called)  as  a  corrupt,  base,  and  faithless 
government! 

"Here  our  negotiations  ended.  Fields  was  in  his  own 
village,  and  we  deemed  it  not  only  hazardous,  but  dan- 
gerous, to  attempt  to  see  him;  which,  however,  is  the 


264 A  HISTORY  OF  TEXAS 

less  to  be  regretted,  as  we  are  satisfied  that  he  is  under 
the  influence  of  Hunter.  Two  principal  war-chiefs — 
Bowls  and  Big  Mush — have,  as  it  is  said,  refused  to 
join  Fields. 

"We  are  happy  to  inform  his  Excellency  that  the 
citizens  on  the  Trinity  and  Neches  Rivers  are  firm 
friends  to  the  government,  and  also  those  of  the  Ayish 
Bayou,  who  are  in  deep  distress  for  want  of  aid  from 
the  government.  Some  of  them  have  crossed  the  line 
for  safety,  while  others  are  acting  the  hypocrite,  in 
order  to  save  their  little  property  until  relief  by  the  gov- 
ernment may  enable  them  to  come  out  with  full  front 
in  favor  of  the  government. 

"We  would  here  beg  leave  to  state  that  there  is 
scarcely  one  of  the  perverse  party  that  has  any  property; 
not  one  slaveholder  among  them,  but  many  vagabonds 
and  fugitives  from  justice,  who  have  fled  from  the 
United  States  of  the  North,  and  who  have  so  shame- 
fully debased  the  American  character. 

"We  take  the  liberty  to  recommend  to  the  notice  of 
the  political  chief  and  to  yourself  Colonel  B.  Foster  and 
Captain  P.  Nesby,  who  have  aided  our  efforts  in  all 
things,  and  highly  deserve  our  warmest  gratitude. 

"God  and  Liberty. 

"We  have  the  honor,  sir,  to  be,  very  respectfully, 
"Your  obedient  servants, 

"Richard  Ellis, 
"James  Cummins, 
"James  Kerr." 

The  result  of  this  mission  was  disappointing  to  Aus- 
tin and  his  colonists.    The  word  had  been  passed  around 


REPUBLIC  OF  FREDONIA  265 

that  the  government  had  offered  the  insurgents  such 
terms  as  they  would  be  bound  to  accept,  and  it  was 
believed  that  the  whole  trouble  would  soon  be  settled. 
Austin  had  exhausted  every  means  to  bring  the  affair 
to  a  peaceful  conclusion.  There  was  nothing  left  to  do 
but  to  suppress  the  revolt  by  force.  Accordingly  he 
now  sounded  a  call  to  arms. 


CHAPTER  XIII. 

RESULTS  OF  THE  FREDONIAN  WAR. 

The  circumstance  which  has  been  overlooked  in 
practically  all  accounts  of  the  Fredonian  war  heretofore 
published  is  that  Austin  did  exhaust  every  means  of 
bringing  about  a  peaceful  settlement  of  the  trouble  and 
that,  so  far  as  the  great  body  of  the  colonists  was  con- 
cerned, the  settlement  was  peaceful.  The  terms  which 
he  obtained  from  Saucedo,  and  which  Ellis,  Cummins 
and  Kerr  presented  to  the  Edwards  brothers  at  Nacog- 
doches, were  not  only  such  as  could  have  been  honorably 
accepted;  they  were  in  effect  terms  the  acceptance  of 
which  would  have  constituted  a  victory  both  for  the  Ed- 
wardses  and  the  Indians.  That  they  were  rejected  in- 
dicates the  extent  to  which  the  leaders  of  the  revolt  had 
deceived  themselves  as  to  the  possibility  of  the  success 
of  their  move  for  independence.  But  the  very  rejection 
of  such  terms  robbed  them  of  any  hope  that  might  have 
existed  of  obtaining  support  from  the  other  colonists,  for 
it  left  nothing  for  Austin  and  his  settlers  to  do  but  to 
support  the  government  to  the  limit. 

In  issuing  the  call  to  arms,  Austin  made  this  very 
clear,  and  predicated  his  action  on  the  refusal  of  the 
Fredonians  to  accept  the  government's  terms.  "The 
persons  who  were  sent  on  from  this  colony  by  the  chief 
of  department  and  military  commandant  to  offer  peace 
to  the  Nacogdoches  madmen,"  he  declared  in  a  proc- 
lamation, "have  returned  without  effecting  anything. 

267 


268  A  HISTORY  OF  TEXAS 

The  olive  branch  of  peace  that  was  so  magnanimously 
held  out  to  them  has  been  insultingly  refused.  .  .  .  The 
people  of  the  colony  after  a  full  understanding  of  the 
pretended  cause  of  complaint  on  the  part  of  the  rebels, 
as  well  as  of  the  mild  and  magnanimous  course  of  the 
government  in  offering  them  a  full  and  universal  am- 
nesty and  an  impartial  and  public  investigation  of  their 
alleged  grievances,  have  unanimously,  solemnly,  and 
voluntarily  pledged  themselves  in  writing  to  the  gov- 
ernment, to  oppose  the  factionists  by  force  of  arms.  To 
arms  then,  my  friends  and  fellow  citizens,  and  hasten 
to  the  standard  of  our  country!" 

This  proclamation  was  issued  on  January  22,  and 
called  for  immediate  and  general  mobilization.  "The 
first  hundred  men  who  were  called  out  from  this  col- 
ony," he  said,  "will  march  on  the  26th  inst.  I  now 
conjure  you  turn  out  in  mass,  and  join  as  soon  as  pos- 
sible. The  necessary  orders  for  mustering  into  service 
and  other  purposes  will  be  given  to  the  commanding 
officers." 

On  the  same  day  that  Austin  issued  this  proclamation, 
Saucedo,  the  political  chief  of  the  department  of  Texas, 
decreed  a  general  amnesty  to  all  of  Edwards's  followers 
who  would  abandon  the  revolt  and  submit  to  the  will  of 
the  government.  The  delegation  which  had  been  sent 
by  Austin  to  Nacogdoches  had  reported  that  most  of 
the  inhabitants  of  the  district  were  loyal,  and  that  even 
among  those  who  were  in  arms  there  were  many  who 
were  playing  the  hypocrite  in  order  to  protect  their  prop- 
erty against  confiscation.  Still  following  the  policy  of 
Austin,  to  have  as  little  violence  as  possible  and  settle 
the  controversy  peacefully,  the  political  chief  therefore 


RESULTS  OF  FREDONIAN  WAR 269 

offered  all  "the  inhabitants  of  the  Trinity,  Neches  and 
district  of  Nacogdoches"  full  amnesty  if  they  would 
abandon  Edwards. 

This  proclamation  of  amnesty  presents  the  version 
of  the  government  of  its  quarrel  with  Edwards  so  com- 
prehensively that  it  is  given  here  in  full.     It  follows: 

"The  difficulties  which  unhappily  arose  in  Nacog- 
doches between  the  people  of  that  district  and  the  local 
authorities  attracted  the  attention  of  the  government, 
and  I  lost  no  time,  after  hearing  of  them,  in  marching 
from  the  capital  of  this  province  to  that  place,  accom- 
panied by  the  military  commandant  and  a  body  of 
troops,  for  the  purpose  of  regulating  the  government  of 
that  section  of  the  Mexican  territory,  hearing  the  com- 
plaints of  those  who  have  been  unjustly  injured,  and 
redressing  the  grievances  of  all  in  the  mode  prescribed 
by  the  laws.  The  Mexican  government  has  opened  its 
bosom  to  the  reception  of  foreign  emigrants  with  a  de- 
gree of  liberality  unprecedented  in  other  nations.  The 
law  prescribes  the  mode  of  their  reception,  and  desig- 
nates the  quantity  of  land  allowed  to  each  settler  and 
the  manner  of  procuring  it;  and  it  is  the  duty  of  the 
government  scrupulously  to  watch  over  the  execution 
of  the  law,  and  see  that  no  impositions  are' practiced  on 
the  people. 

"An  empresario  was  appointed  for  the  people  border- 
ing on  the  reserved  lands  adjoining  the  United  States. 
The  people  complained  that  Hayden  Edwards,  the  em- 
presario, was  practicing  speculations  on  them  by  exact- 
ing exorbitant  fees,  and  by  turning  off  their  places  old 
settlers  and  giving  them  to  new  immigrants,  who  would 
pay  the  price  required.  These  complaints  and  many  oth- 


270  A  HISTORY  OF  TEXAS 

ers  came  from  the  people,  and  the  voice  of  the  people 
was  heard.  Proof  was  exhibited  in  writing,  under  the 
signature  of  said  Hayden  Edwards,  that  the  material 
part  of  those  charges  were  true,  and  it  therefore  became 
the  duty  of  the  government  to  notice  them,  and  to  in- 
terpose its  arm  to  protect  the  innocent  emigrants,  igno- 
rant as  they  were  of  the  language  and  laws  of  the 
country,  from  any  further  act  of  injustice  or  oppression 
on  the  part  of  said  empresario.  Proof  upon  proof  of  his 
illegal  acts  were  multiplied,  and  the  government  had  no 
alternative  but  to  stop  him  by  annulling  his  contract, 
or  suffer  him  to  grind  the  poor  emigrants  and  extort 
from  them  all  they  possessed. 

"An  erroneous  opinion  has,  I  fear,  existed  as  to  the 
nature  of  the  authority  granted  to  the  empresarios.  They 
are,  according  to  the  colonization  law,  nothing  more 
than  colonizing  agents,  employed  by  the  government 
to  settle  a  specified  number  of  families  of  a  certain 
description  within  a  specified  boundary.  Hayden  Ed- 
wards violated  his  duty  and  obligations  as  a  colonizing 
agent  or  empresario  by  disregarding  the  law  and  specu- 
lating on  the  people,  and  the  government  were  therefore 
not  only  authorized  but  in  duty  bound  to  take  his  agency 
from  him.  They  did  so,  and  for  this  reason  he  and 
his  associates  have  declared  themselves  in  open  rebellion 
against  the  government,  and  he  is  endeavoring  to  excite 
the  very  people  he  was  oppressing,  and  to  protect  whom 
the  government  interposed,  to  take  up  arms  and  join 
them  in  their  mad  scheme  of  independence.  Will  you 
suffer  yourselves  to  be  deceived  by  such  men?  Can  you 
so  far  forget  the  bounties  of  this  government  and  your 
duty  as  men  to  unite  with  renegades  to  wage  a  war  of 


RESULTS  OF  FREDONIAN  WAR  271 

murder  and  plunder  against  your  fellow-citizens  and 
against  your  government?  No!  Some  of  you  may  have 
been  deceived,  but,  when  you  hear  the  voice  of  truth 
and  reason,  you  will  listen  and  be  governed  by  it.  Hear 
what  this  government  have  done,  and  then  ask  yourself 
if  they  could  or  ought  to  have  done  less.  They  annulled 
Edwards'  contract  because  he  was  unjustly  oppressing 
the  new  emigrants,  but  in  order  to  give  him  a  full  hear- 
ing, even  after  he  had  taken  up  arms,  they  offered  him 
a  full  amnesty  and  an  impartial  rehearing  by  the  com- 
petent tribunals  as  to  his  acts  as  empresario.  This  act 
of  moderation  on  the  part  of  the  government  was  in- 
sultingly refused  by  him,  and  he  is  endeavoring  to  excite 
the  Indians  to  war. 

"Fellow-citizens,  do  not  suffer  yourselves  to  be  misled 
by  the  Nacogdoches  faction,  for  they  will  ruin  you  and 
the  country. 

"I  march  from  this  place  tomorrow,  in  conjunction 
with  the  military  commandant  of  Texas  and  the  militia 
of  this  colony,  and  have  authorized  Lawrence  Richard 
Kenney  to  call  upon  all  persons  living  in  that  section  of 
the  country  to  take  up  arms  under  the  national  standard 
and  act  in  concert  with  the  commandant-at-arms  in  at- 
tacking and  putting  down  this  faction. 

"All  persons  who  prove  themselves  faithful  on  this 
occasion  will  receive  their  lands  in  the  manner  prescribed 
by  law,  and  those  who  live  on  the  reserved  lands  will  be 
recommended  to  the  President,  whose  approbation  is 
necessary  in  order  that  they  may  procure  titles  in  con- 
formity with  the  law. 

"Rely  with  good  faith  on  the  justice  and  liberality  of 
this  government,  and  do  not,  I  again  repeat,  suffer  your- 


272  A  HISTORY  OF  TEXAS 

selves  to  be  deceived  by  the  sinister  schemes  of  the  fac- 
tionists.  Extend  your  views  to  the  future,  reflect  on 
your  situation  and  that  of  your  families  and  property; 
reflect  on  your  duties  as  men  of  honor  and  as  Americans, 
and  you  will  see  that  anarchy,  disgrace  and  ruin  must 
be  the  fate  of  those  who  stray  from  the  true  path  of 
reason  and  justice,  and  that  prosperity  and  happiness 
will  be  the  reward  of  those  who  steadily  pursue  it. 

"I  therefore  call  on  you  to  rally  round  the  standard 
of  your  country  and  unite  your  eff orts  with  the  national 
troops  and  militia  of  this  colony  to  crush  this  most 
unjust  and  unnatural  rebellion  in  its  infancy." 

This  proclamation  of  amnesty  was  sent  into  the  dis- 
turbed territory  for  circulation,  its  purpose  being  to  draw 
away  from  the  insurgents  as  many  of  the  colonists  as 
possible.  Austin  now  turned  his  attention  to  the  In- 
dians. The  delegation  that  had  gone  from  the  colony  to 
Nacogdoches  had  reported  that  some  of  the  war  chiefs 
had  refused  to  join  Fields  in  the  compact  with  Edwards, 
and  that  the  real  conspirator  was  Hunter,  referred  to 
as  "the  representative  of  twenty-three  tribes."  Hunter 
was  an  American  who  had  been  captured  by  Indians 
while  a  boy  and,  though  subsequently  rescued,  had  re- 
turned to  the  wild  tribal  life  and  had  been  adopted  by 
the  Cherokees.  He  had  been  made  the  "representative 
of  twenty-three  tribes"  for  the  purpose  of  negotiating 
with  the  government  of  Mexico  for  a  grant  of  lands, 
and  it  was  upon  his  representations  that  an  alliance  with 
Edwards  would  further  this  object  that  the  compact 
had  been  made.  But  the  Indians  had  also  been  assured 
that  the  other  American  colonists  would  join  in  the  war, 
and  that  Americans  would  come  to  help  them  from 


RESULTS  OF  FREDONIAN  WAR 273 

across  the  Sabine.  Fields  was  a  half-breed  and  appar- 
ently under  the  influence  of  Hunter.  Austin  now  re- 
solved to  appeal  directly  to  the  Cherokee  chiefs,  ignor- 
ing Hunter,  but  including  Fields  because  of  his  standing 
as  a  chief.  He  selected  from  among  his  original  colo- 
nists two  men,  John  Cummings  and  William  Robbins, 
who  were  well  known  to  the  Cherokees  and  likely  to 
have  influence  with  them,  to  make  their  way  to  the 
Indians'  camps  and  deliver  a  letter  setting  the  whole 
matter  before  them.  This  letter  was  addressed  to  "Cap- 
tains Fields,  Bowles,  and  Big  Mush,  and  other  Warriors 
of  the  Cherokee  Nation  living  in  Texas,"  and  was  as 
follows : 

"To  My  Friends  and  Brothers,  the  Chiefs  and  War- 
riors of  the  Cherokees  living  in  Texas: — 

"This  will  be  delivered  to  you  by  two  of  your  old 
friends  and  brothers,  John  Cummings  and  William 
Robbins  j  they  will  tell  you  the  truth;  listen  to  their 
counsel  and  follow  it. 

"My  brothers,  I  fear  you  have  been  deceived  by  bad 
men  who  wish  to  make  use  of  you  to  fight  their  battles; 
they  will  ruin  you  and  your  people  if  you  follow  their 
counsel. 

"The  governor  wrote  to  you  and  sent  Judge  Ellis,  of 
Huntsville,  Alabama,  and  Mr.  James  Cummins  from 
the  Colorado,  and  James  Kerr  from  the  Guadalupe,  to 
see  you  at  Nacogdoches  and  tell  you  the  truth;  but  I 
fear  John  D.  Hunter  has  concealed  the  letters  and  the 
truth  from  you,  for  he  and  Edwards  would  not  suffer 
those  men  to  talk  with  the  Indians.  I  therefore  now 
send  you  copies  of  the  same  letters  that  were  sent  by 
the  governor  and  delivered  to  Hunter,  which  he  prom- 


274  A  HISTORY  OF  TEXAS 

ised  to  send  to  you  immediately.  By  these  letters  you 
will  see  the  government  have  never  had  any  intention 
to  break  the  promises  made  to  you,  and  that  they  are 
ready  to  comply  with  them,  provided  you  do  your  duty 
as  good  men. 

"My  brothers,  why  is  it  that  you  wish  to  fight  your 
old  friends  and  brothers,  the  Americans?  God  forbid 
that  we  should  ever  shed  each  other's  blood.  No;  let 
us  always  be  friends  and  always  live  in  peace  and  har- 
mony. The  Americans  of  this  colony,  the  Guadalupe 
and  Trinity,  are  all  united  to  a  man  in  favor  of  the 
Mexican  government,  and  will  fight  to  defend  it.  We 
will  fight  those  foolish  men  who  have  raised  the  flag  at 
Nacogdoches;  we  will  fight  any  people  on  earth  who 
are  opposed  to  the  Mexican  government,  and  we  are  all 
united  as  one  man.  The  bad  men,  who  have  been  try- 
ing to  mislead  you,  have  told  you  that  we  would  all  join 
you.  This  is  not  true;  not  one  of  us  will  join  them. 
Those  bad  men  have  told  you  that  Americans  would 
come  on  from  the  United  States  and  join  them.  This 
is  not  true;  a  few  runaways  and  vagabonds  who  cannot 
live  in  their  own  country  may  join  them,  but  no  others. 
The  American  government  will  not  permit  such  a  thing, 
and,  if  this  government  asks  it,  will  send  troops  to 
aid  us. 

"Why  do  you  wish  to  fight  the  Mexicans?  They 
have  done  you  no  wrong;  you  have  lived  in  peace  and 
quietness  in  their  territory,  and  the  government  have 
never  refused  to  comply  with  their  promise,  provided 
you  do  your  duty  as  good  men.  What,  then,  is  it  you 
ask  for,  or  expect  to  gain  by  war? 

"My  brothers,  reflect  on  your  situation;  you  are  on 


RESULTS  OF  FREDONIAN  WAR  275 

the  brink  of  a  dreadful  precipice.  The  Cherokees  are 
a  civilized  and  honorable  people,  and  will  you  unite 
yourselves  with  wild  savages  to  murder  and  plunder 
helpless  women  and  children?  Will  you  unite  with  bad 
men  of  any  nation  to  fight  and  plunder  peaceable  inhab- 
itants? No,  my  friends,  I  know  you  will  not.  Bad  men 
have  tried  to  make  you  believe  that  the  Mexican  gov- 
ernment had  neglected  you,  and  you  have  for  this  reason 
complained  5  but,  my  friends,  those  bad  men  have  de- 
ceived you.  The  government  is  new,  and  it  requires 
much  time  and  attention  to  regulate  all  its  different 
branches,  and  this  may  have  delayed  your  business,  but 
it  is  no  proof  that  it  would  never  be  done.  Open  your 
eyes  to  your  true  interests,  drive  away  those  bad  men 
who  wish  to  lead  you  into  ruin,  and  come  with  Cum- 
mings  and  Robbins  and  see  the  governor  and  your  true 
friends,  and  all  will  be  right. 

"My  brothers,  Edwards  is  deceiving  you;  he  once 
threatened  to  take  your  land  from  you,  and  would  have 
done  it  if  he  could,  but  he  had  no  right  to  interfere 
with  you;  the  government  gave  him  no  right  to  disturb 
you,  and  he  is  the  only  man  who  has  ever  attempted  to 
molest  you,  and  now  he  pretends  to  be  your  friend, 
and  wants  you  to  fight  his  battles  and  ruin  yourselves. 

"Will  you  suffer  such  a  man  to  deceive  you?  The 
government  annulled  his  contract  because  he  was  trying 
to  take  away  land  from  those  who  were  settled  before 
he  went  there.  He  tried  to  take  away  your  lands,  but 
the  government  stopped  him,  and  defended  and  pro- 
tected your  rights  as  well  as  the  rights  of  the  whites; 
and  will  you  fight  for  such  a  man  and  turn  against  the 
government  who  has  protected  you  from  his  attempts 


276  A  HISTORY  OF  TEXAS 

to  ruin  you?  No,  my  friends,  you  will  not.  You  have 
been  deceived  by  him;  leave  him  and  come  and  see  the 
governor  and  hear  the  truth." 

Having  thus  provided  a  way  for  both  the  Indians 
and  the  settlers  in  the  Nacogdoches  district  to  abandon 
the  leaders  of  the  revolt  and  come  under  the  protection 
of  the  government,  Austin  was  now  ready  to  march. 
During  all  the  time  of  the  negotiations  looking  toward 
a  peaceful  settlement,  Saucedo,  the  political  chief,  and 
Colonel  Ahumada,  the  military  commander  of  Texas, 
had  waited  at  San  Felipe  de  Austin  with  a  force  of  about 
two  hundred  men.  They  were  now  joined  by  one  hun- 
dred of  Austin's  colonists,  and  the  march  to  Nacog- 
doches was  begun.  On  the  way  contingents  of  colonists 
from  the  Trinity  and  the  San  Jacinto  joined  the  little 
army,  so  that  it  soon  mustered  about  four  hundred  men 
all  told. 

This  force  would  have  been  adequate  to  deal  with  the 
largest  number  of  adherents  that  the  Fredonians  could 
have  counted  upon  at  any  time,  but  before  the  end  of 
January  the  Edwardses  and  their  lieutenants  were  find- 
ing themselves  nearly  isolated.  In  the  first  excitement 
of  the  "revolution,"  when  the  offices  of  the  authorities 
in  Nacogdoches  were  seized,  it  is  said  they  had  two  hun- 
dred men,  though  this  figure  might  have  been  an  ex- 
aggeration. But  the  force  soon  dwindled,  and  early  in 
January  Gaines,  Norris  and  Sepulveda,  with  about 
eighty  of  their  adherents,  had  made  an  attempt  to  retake 
the  town.  They  were  repulsed  by  a  small  force  of  the 
Fredonians  and  a  few  Indians,  however,  with  one  man 
killed  and  a  few  wounded,  and  Norris,  Sepulveda  and 
many  of  their  followers  escaped  across  the  Sabine.   The 


RESULTS  OF  FREDONIAN  WAR  277 

month  that  elapsed  after  B.  W.  Edwards  had  sent  out 
his  appeals  to  Austin's  colonists  was  a  period  of  inac- 
tivity, during  which  nothing  but  disappointing  news 
was  received  by  the  insurgents.  They  succeeded  in  "rev- 
olutionizing" the  district  around  Nacogdoches  for  the 
simple  reason  that  those  settlers  who  were  out  of  sym- 
pathy with  the  movement  made  a  great  show  of  siding 
in  with  it,  depending  upon  the  government  to  send 
troops  to  suppress  it  in  due  time.  Further  than  this,  the 
"revolution"  made  no  progress. 

But  now  things  began  to  look  dark.  A  superior  force 
was  advancing  against  Nacogdoches  and  no  help  had 
come  either  from  Austin's  colony  or  from  across  the 
Sabine.  Meantime,  the  Indians  had  begun  to  doubt  the 
wisdom  of  their  alliance.  Ellis  Bean,  who  had  recently 
come  into  East  Texas  as  the  Indian  agent  of  the  gov- 
ernment, did  some  effective  work  in  persuading  some 
of  the  chiefs  to  have  nothing  to  do  with  Edwards,  and 
now  that  Austin's  messengers  were  among  them  and 
giving  them  an  account  of  the  true  situation,  they  began 
to  hold  aloof.  Hunter  was  absolutely  loyal  to  Edwards, 
but  the  Cherokees  began  to  suspect  him.  Finally,  while 
watering  his  horse  at  a  creek,  and  entirely  off  guard, 
Hunter  was  treacherously  shot  down  by  a  party  of  war- 
riors, and  the  Indians  then  practically  withdrew  from 
the  enterprise.  Finding  their  situation  hopeless,  the 
Edwards  brothers  and  a  small  party  of  their  followers 
fled  from  Nacogdoches  and  crossed  the  Sabine  into  the 
United  States.  When  the  government's  troops  and  the 
colonial  militia  approached  the  town  they  were  met  by 
a  messenger  from  that  place  who  brought  the  news  of 
the  flight  of  the  insurgents.     The  Fredonian  war  was 


278  A  HISTORY  OF  TEXAS 

llimnrinr— .1  I  I    II  ■  nrn.i  -  ~.    —    ■     n      .11     ■     111111     .......i      1 1    i.  1 ...  -1,  ■      „i.  .... -.    1 ...       t.nim.n.i     ill       ■     ■  ■      111     ■■ 

over.  It  had  been  brought  to  a  close  without  one  shot 
being  fired  by  either  the  government  troops  or  Austin's 
colonists.  Such  fighting  as  had  marked  its  brief  course 
had  been  between  the  factions  in  the  Nacogdoches  dis- 
trict. The  affair  had  in  fact  been  brought  to  a  close 
peacefully,  as  Austin  had  hoped,  and  it  was  chiefly 
through  his  efforts  that  this  result  had  been  attained. 

Saucedo  carried  out  the  terms  of  his  proclamation  of 
amnesty  to  the  letter.  A  few  of  the  most  conspicuous 
of  the  Fredonians  who  remained  in  the  country  were 
taken  into  custody,  but  upon  Austin's  advice  they  were 
released  without  punishment.  The  political  chief  set 
industriously  about  the  task  of  reestablishing  order  in- 
stead of  punishing  the  guilty.  The  truth  is  that  most 
of  the  disturbers  of  both  factions  were  temporarily 
across  the  Sabine  and  outside  of  the  district. 

As  a  finishing  touch,  B.  W.  Edwards,  from  the  safety 
of  the  American  side  of  the  border,  wrote  another  letter. 
The  trouble  had  started  with  his  letter  to  the  governor, 
and  he  had  written  many  letters  during  its  course.  It 
was  fitting  that  he  should  pen  one  final  missive.  It 
was  addressed  to  Colonel  Ahumada  and  referred  to  the 
treatment  the  prisoners  had  received.  "Your  kind,  your 
friendly  and  generous  deportment  towards  my  friends 
and  fellow  soldiers,  while  prisoners  of  yours,"  he  wrote, 
"entitles  you  and  the  officers  under  your  command  to 
the  expression  of  my  thanks,  and  has  insured  to  you 
and  them  a  distinction  in  our  hearts  that  will  ever  sep- 
arate you  from  the  rest  of  your  countrymen  who  have 
oppressed  us." 

The  manner  in  which  Austin  and  the  Anglo-Amer- 


RESULTS  OF  FREDONIAN  WAR  279 

ican  colonists  had  rallied  to  the  support  of  the 
government  in  dealing  with  the  Fredonian  affair  should 
have  reassured  Mexican  leaders  with  respect  to  the 
colonization  policy  Mexico  had  adopted  in  Texas.  But 
this  aspect  of  the  incident  was  lost  sight  of  entirely  in 
the  general  excitement  which  it  caused,  and  the  net 
effect  of  it  was  to  increase  the  alarm  which  some  Mexi- 
cans had  begun  to  feel  over  the  steady  increase  of  Amer- 
ican immigration.  Moreover,  the  details  of  what  was 
happening  in  East  Texas  were  very  slow  in  getting  to 
the  Mexican  capital,  and  at  the  very  moment  that  Sau- 
cedo  was  putting  things  in  order  in  the  Nacogdoches  dis- 
trict, the  Mexican  congress  was  getting  ready  to  repel  an 
invasion  from  the  United  States. 

For  that  was  the  interpretation  of  the  revolt  which 
immediately  gained  general  belief  in  Mexico.  It  was 
an  American  conspiracy  to  take  Texas  by  force!  In 
the  Mexican  congress  this  charge  was  openly  made,  and 
on  February  23  a  bill  was  passed  providing  for  meas- 
ures to  put  down  the  revolt  and  appropriating  five  hun- 
dred thousand  pesos  for  extraordinary  expenses.  Poin- 
sett reported  to  Washington  that  the  Mexican  govern- 
ment proposed  "to  set  on  foot  an  expedition  against  the 
rebels  in  Texas  that  would  have  been  sufficient  to  repel 
an  invasion."  President  Victoria  informed  Poinsett 
that  he  did  not  believe  the  United  States  was  concerned 
in  the  affair,  but  he  expressed  the  hope  the  American 
government  would  officially  disclaim  connection  with 
it.  Obregon,  the  Mexican  minister  at  Washington, 
called  upon  Clay,  the  American  Secretary  of  State,  for 
an  expression  as  to  the  attitude  of  the  United  States,  and 


280 A  HISTORY  OF  TEXAS 

Clay  very  promptly  assured  him  that  the  American 
government  had  not  given  the  slightest  encouragement 
to  the  Fredonians. 

But  the  same  could  hardly  have  been  said  of  the 
American  press  and  of  the  American  public.  "The 
Fredonian  revolt,"  says  Nathaniel  W.  Stephenson, 
"was  the  sensation  of  the  hour  both  in  the  United  States 
and  Mexico.  American  newspapers  in  1827  teemed 
with  reports  of  the  'Fredonian  War' — the  war  of  two 
hundred  men  against  a  nation — and  with  expressions  of 
sympathy  with  the  Fredonians.  The  American  people, 
having  in  them  the  egotistic  passion  of  the  Lord's 
Annointed,  saw  nothing  of  the  point  of  view  of  the 
Mexicans.  Democracy,  freedom  of  the  individual,  as 
Americans  conceived  it,  was  for  them  the  supreme  law. 
No  delicate  questions  of  legal  right  or  of  the  political 
duty  of  the  revolters  were  allowed  to  color  the  main 
theme.  In  the  sharpest  black  and  white  the  ardent 
Americans  of  1 827  pictured  their  kinsmen  defeated  in 
Mexico  as  apostles  of  democracy  crushed  by  an  alien 
civilization." 

Obregon  took  note  of  all  this,  and  in  reporting  Clay's 
disclaimer  to  his  government,  expressed  the  opinion  that 
the  American  secretary  of  state  told  only  the  truth  so 
far  as  the  government  was  concerned,  but  that  the  sym- 
pathy of  the  American  people  with  the  insurgents  was 
unmistakable.  He  saw  danger  ahead  if  the  colonization 
policy  was  continued,  and  he  suggested  as  the  proper 
safeguard  against  it  the  closing  of  the  Texas  frontier 
against  Americans! 

At  this  point  President  Adams  and  Secretary  Clay 
gave  a  singular  demonstration  of  how  little  they  under- 


RESULTS  OF  FREDONIAN  WAR  281 

■        i      i    ii  i  i         I  i  — — — — i 

stood  the  situation  and  of  what  small  appreciation  they 
had  of  Mexican  character.  Poinsett's  opinion  that  the 
American  settlers  in  Texas  would  prove  troublesome  and 
that  after  some  experience  with  them  the  Mexicans 
might  be  more  willing  to  part  with  Texas  was  called 
to  mind.  The  Fredonian  affair  had  demonstrated  the 
truth  of  the  first  half  of  that  opinion,  why  would  it 
not  be  a  good  idea  to  test  the  truth  of  the  second  half 
of  it?  The  Americans  in  Texas  had  caused  a  critical 
diplomatic  situation  to  develop  between  the  United 
States  and  Mexico,  in  spite  of  the  fact  that  the  American 
government  was  wholly  innocent  of  any  complicity  in 
the  revolt.  Would  not  such  an  occasion  arise  again, 
and  might  it  not  cause  trouble  between  the  two  coun- 
tries? If  Mexico  desired  the  establishment  of  permanent 
friendly  relations  between  the  two  countries,  could  she 
not  insure  this  by  turning  over  these  troublesome  Amer- 
icans to  the  United  States? 

"Impressed  with  these  views,"  wrote  Clay  to  Poinsett 
in  March,  "the  President  has  thought  that  the  present 
might  be  an  auspicious  period  for  urging  a  negotia- 
tion at  Mexico  to  settle  the  boundaries  between  the  two 
republics." 

A  less  auspicious  period  could  not  have  been  chosen 
for  such  a  delicate  suggestion,  and  Poinsett  was  per- 
fectly aware  of  it.  He  was  very  timid  about  urging 
anything  of  the  kind,  but  the  Mexicans  left  no  doubt  as 
to  their  feeling  in  the  matter.  A  treaty  of  commerce 
had  been  negotiated  shortly  before  and  was  now  pend- 
ing before  the  chamber  of  deputies  for  ratification. 
During  the  debate  the  question  of  the  intentions  of  the 
United  States  with  respect  to  Texas  was  raised,  and  it 


282 A  HISTORY  OF  TEXAS  

was  asked  why  the  treaty  of  commerce  should  be  com- 
pleted before  a  treaty  of  boundaries  had  been  negotiated. 
What  stood  in  the  way  of  a  treaty  of  boundaries  if,  as 
Poinsett  had  said,  the  United  States  was  willing  to  ac- 
cept the  boundary  of  1819  unless  Mexico  was  willing 
to  change  it?  Accordingly  the  chamber  adopted  a  reso- 
lution containing  the  following  declaration: 

"This  chamber  will  not  take  into  consideration  the 
treaty  which  the  government  has  concluded  with  the 
United  States  of  America,  until  an  article  shall  be  in- 
serted in  it  recognizing  the  validity  of  that  which  was 
entered  into  by  the  cabinet  of  Madrid,  in  the  year  1819, 
with  the  government  of  Washington,  respecting  the 
Jimits  of  the  territories  of  the  two  contracting  parties." 

Plainly,  Mexico  had  no  intention  of  surrendering 
Texas,  either  by  treaty  or  through  revolution  of  Ameri- 
can colonists  settled  within  the  boundaries  of  the  Mexi- 
can national  domain.  Poinsett,  in  the  meantime,  was 
becoming  increasingly  unpopular  in  Mexico.  His  con- 
nection with  the  Yorkino  movement  was  common 
knowledge  by  this  time,  and  the  members  of  that  party 
themselves  were  outspoken  in  the  opinion  that  the  Amer- 
ican minister  should  not  concern  himself  in  the  internal 
affairs  of  Mexico.  The  Escoceses,  on  the  other  hand, 
began  to  declare  openly  that  he  ought  to  be  expelled 
from  the  country.  The  question  was  taken  up  in  the 
state  legislatures,  and  during  the  summer  of  1827  reso- 
lutions were  adopted  by  the  legislatures  of  several  states 
demanding  that  Poinsett  be  given  his  passports.  Poin- 
sett had  a  private  interview  with  President  Victoria 
about  these  resolutions  and  insisted  that  the  president's 
attitude  should  be  made  clear  by  a  public  pronounce- 


RESULTS  OF  FREDONIAN  WAR 283 

ment.  Victoria,  however,  finding  himself  between  two 
fires,  and  being  unwilling  to  appear  in  a  role  that  would 
be  interpreted  as  pro-American,  did  nothing. 

Finally,  on  December  23,  1827,  a  revolt,  of  which 
Nicolas  Bravo,  the  vice-president  of  Mexico  and  leader 
of  the  Escoceses,  was  the  real  head,  broke  out  at  the  vil- 
lage of  Otumba,  with  the  purpose  of  overthrowing  Vic- 
toria's government.  The  demands  of  the  revolutionists 
were  passage  of  a  law  prohibiting  secret  societies,  the 
dismissal  of  Victoria's  cabinet,  strict  observance  of  the 
constitution,  and  the  expulsion  of  Poinsett  from  Mex- 
ico. The  revolt  was  quickly  put  down,  and  Poinsett 
stayed  on.  But  it  had  given  expression  to  anti- Ameri- 
canism as  a  national  issue,  and  in  this  it  was  a  reflection 
of  public  opinion.  The  Fredonian  war  was  as  little  un- 
derstood by  the  Mexicans  as  by  the  people  of  the  United 
States,  for  it  was  generally  represented  in  the  Mexican 
press  as  an  uprising  of  Americans  that  had  been  put 
down  by  the  Mexican  authorities.  That  the  majority 
of  Anglo-Americans  in  Texas  were  opposed  to  the  re- 
volt, and  had  been  chiefly  responsible  for  its  suppression 
was  not  generally  understood.  Nor  was  the  official  opin- 
ion that  the  United  States  was  not  a  party  to  it  accepted 
by  most  Mexicans.  On  the  contrary,  it  was  believed 
that  the  revolt  had  been  fostered  by  the  American  gov- 
ernment. The  Mexicans,  be  it  said,  were  quite  as 
egotistic  as  the  Americans,  and  it  appealed  to  their  van- 
ity to  think  that  the  Mexican  authorities  in  Texas  had 
been  able  to  repel  a  move  by  the  giant  of  the  north  to 
seize  Mexican  territory. 

In  January,  1828,  Poinsett  again  took  up  with  the 
Mexican  representatives  the  question  of  a  treaty  of 


284  A  HISTORY  OF  TEXAS 

commerce,  which  the  chamber  of  deputies  had  refused 
to  ratify,  and  he  was  informed  that  it  would  be  neces- 
sary, in  order  to  insure  ratification,  for  the  United  States 
to  acknowledge  the  validity  of  the  boundary  fixed  in  the 
treaty  of  1819.  Poinsett  agreed  to  this  with  such  alac- 
rity as  to  surprise  the  Mexican  commissioners.  But  he 
suggested  that  it  would  be  proper  to  put  this  in  a  sepa- 
rate treaty.  The  Mexicans  consented  to  this  arrange- 
ment, and  accordingly  on  January  12,  1828,  a  treaty 
was  signed  recognizing  the  boundary  of  1819.  After 
citing  the  fact  that  the  treaty  of  1819  had  been  entered 
into  when  Mexico  was  a  part  of  Spain,  and  that  it  was 
thus  deemed  necessary  "to  confirm  the  validity  of  the 
aforesaid  treaty  of  limits,"  this  new  treaty  declared: 

"The  dividing  limits  of  the  respective  bordering  ter- 
ritories of  the  United  States  of  America  and  of  the 
United  Mexican  States  being  the  same  as  were  agreed 
and  fixed  upon  by  the  above-mentioned  treaty  of  Wash- 
ington, concluded  and  signed  on  the  twenty-second  day 
of  February,  in  the  year  one  thousand  eight  hundred 
and  nineteen,  the  two  high  contracting  parties  will  pro- 
ceed forthwith  to  carry  into  full  effect  the  third  and 
fourth  articles  of  said  treaty." 

The  third  and  fourth  articles  of  the  treaty  of  1819 
defined  the  boundary  line  in  detail  and  provided  for 
the  appointment  of  commissioners  to  make  surveys  and 
fix  this  line  with  more  precision. 

For  the  moment,  therefore,  the  question  of  bounda- 
ries between  the  two  countries  was  settled.  It  had  been 
set  forth  again  in  a  solemn  treaty  that  the  United  States 
renounced  forever  "all  their  rights,  claims,  and  preten- 
sions to  any  territories  lying  west  and  south  of  the  said 


RESULTS  OF  FREDONIAN  WAR  285 

line."  Texas,  the  land  lying  west  of  the  Sabine  river, 
was  acknowledged  to  be  Mexican  territory.  On  April 
28  this  treaty  was  ratified  by  the  United  States  senate, 
but,  as  shall  be  seen  in  due  course,  delays  in  the  exchange 
of  ratifications  postponed  its  going  into  effect.  How- 
ever, for  the  present  the  matter  was  universally  regarded 
as  settled. 

While  this  treaty  was  pending  before  the  United 
States  senate  a  certain  distinguished  Mexican  gentleman 
was  making  a  quiet  tour  of  Texas,  In  connection  with 
the  negotiations  looking  to  a  treaty  of  limits  and  bound- 
aries, Don  Manuel  de  Mier  y  Teran  had  been  appointed 
a  commissioner  to  gather  geographical  and  other  mate- 
rial. Though  the  treaty  was  signed  in  the  meantime, 
Teran  proceeded  to  visit  Texas  in  discharge  of  his  com- 
mission. He  arrived  at  San  Antonio  in  March,  and 
made  a  leisurely  journey  to  the  Sabine  lasting  into  the 
summer,  and  noted  carefully  all  he  saw.  He  reported 
to  President  Victoria  on  other  matters  besides  those  per- 
taining to  the  boundary.  He  told  something  of  the 
condition  of  Texas,  pointing  out  that  as  he  traveled  east 
from  San  Antonio  he  was  struck  with  the  fact  that 
Mexican  influence  became  less  and  less  as  the  American 
border  was  approached.  He  said  that  the  ratio  of 
Americans  to  Mexicans  in  the  region  was  ten  to  one, 
and  that  the  Mexicans  were  of  the  very  lowest  class. 
The  Americans,  he  said,  maintained  an  English  school 
at  Nacogdoches  and  sent  their  older  children  to  the 
United  States  to  be  educated. 

"Thus  I  tell  myself,"  said  Teran,  "that  it  could  not 
be  otherwise  than  that  from  such  a  state  of  affairs  should 


286 A  HISTORY  OF  TEXAS 

arise  an  antagonism  between  the  Mexicans  and  foreign- 
ers which  is  not  the  least  of  the  smouldering  fires  I 
have  discovered.  Therefore,  I  now  warn  you  to  take 
timely  measures.  Texas  could  throw  the  whole  nation 
into  revolution." 


CHAPTER  XIV. 

AUSTIN   HANDS  OVER  REINS. 

The  troubles  in  the  Nacogdoches  district  leading  up 
to  the  Fredonian  revolt  supplied  a  striking  object  les- 
son of  the  importance  of  strict  regularity  in  the  issuance 
of  land  titles  to  settlers,  and  of  the  dangers  arising  from 
loosely  constituted  authority  in  territory  subject  to  set- 
tlement by  an  empresario. 

Austin's  relation  to  his  colonists  from  the  beginning 
had  been  unique.  In  a  very  real  sense  to  them  he  was 
"the  government/'5  for  he  was  chief  judge  of  the  dis- 
trict in  which  his  colony  was  situated,  he  was  head  of 
the  militia  and  in  practically  all  of  their  dealings  with 
the  government  the  colonists  proceeded  through  Aus- 
tin. But  in  addition  to  this,  he  was  an  empresario,  like 
the  other  empresarios,  and  had  relations  with  the  set- 
tlers and  new  immigrants  in  that  role,  independent  of 
his  governmental  relations.  When  trouble  first  appeared 
in  the  Nacogdoches  district,  Austin  made  up  his  mind 
to  bring  about  a  change  in  this  situation  as  soon  as  pos- 
sible. He  wanted  to  be  relieved  of  all  his  governmental 
duties  and  to  place  upon  the  colonists  the  responsibility 
of  self-government.  This  could  not  be  done  completely 
until  the  final  adoption  of  a  state  constitution,  but  he 
made  a  beginning  toward  shifting  the  responsibility  to 
the  colonists  themselves  in  July,  1826,  just  when  the 
trouble  between  the  Edwards  brothers  and  the  gov- 
ernment was  reaching  a  head.     On  July  6  he  issued  a 

287 


288  A  HISTORY  OF  TEXAS 

proclamation,  ordering  each  of  the  six  alcalde  districts 
in  his  colony  to  elect  a  representative  to  meet  with  him 
for  the  purpose  of  forming  a  new  judicial  system.  The 
result  of  this  was  the  creation  of  a  supreme  court,  subse- 
quently known  as  the  court  of  alcaldes,  which  was  com- 
posed of  three  alcaldes  sitting  in  joint  session  at  San 
Felipe.  This  court  was  given  jurisdiction  over  appeals 
from  Austin  himself  and  from  individual  alcaldes  di- 
rectly to  it,  without  passing  through  Austin's  hands. 
This  was  a  beginning  of  the  process  of  transferring  the 
responsibility  of  governing  the  colony  to  the  colonists 
themselves,  and  Austin  was  resolved  that  the  process 
should  continue  until  he  was  entirely  free  of  any  con- 
nection with  the  government  of  the  colony. 

He  was  resolved  also  that,  in  settling  colonists  under 
his  new  contract,  there  should  be  no  room  for  confusion 
of  titles,  and  that  the  state  government  should  assume 
full  responsibility,  through  a  properly  constituted  com- 
missioner, for  every  title  issued.  He  had  written  the 
state  authorities  on  this  subject,  and  incidentally  called 
attention  to  the  fact  that  some  of  his  original  colonists 
had  not  yet  received  titles  because  of  Baron  de  Bastrop's 
absence  in  attendance  at  the  legislature.  The  Fredonian 
controversy  served  to  emphasize  the  importance  of  legal 
titles  to  lands,  and  the  authorities  at  Saltillo  now  gave 
ear  to  Austin's  insistence  on  this  point.  Gaspar  Flores 
had  been  appointed  commissioner  for  Austin's  second 
colony,  but  he  had  not  entered  upon  his  duties,  and 
meantime  Austin  had  taken  the  position  that  he  would 
not  proceed  until  the  commissioner  was  on  the  ground. 
On  February  7,  or  just  about  the  time  that  Saucedo  was 
getting  started  with  the  delicate  work  of  hearing  griev- 


AUSTIN  HANDS  OVER  REINS  289 

ances  in  the  Nacogdoches  district  and  restoring  confi- 
dence and  contentment  among  the  inhabitants,  the  lieu- 
tenant governor  authorized  Flores  also  to  complete  the 
business  of  Austin's  first  colony  in  Baron  de  Bastrop's 
place  and  to  issue  the  remaining  titles.  Saucedo,  while 
still  at  Nacogdoches,  transmitted  this  order  to  Austin 
on  March  19,  and  Flores  began  his  duties  in  April. 

The  manipulation  and  even  forgery  of  land  titles  at 
Nacogdoches,  however,  had  served  to  emphasize  the 
fact  that  it  was  not  enough  to  issue  titles,  but  that  there 
should  be  a  permanently  preserved  record  of  them.  Aus- 
tin concluded  that  it  was  necessary  "for  the  future 
security  of  the  settlers  that  the  records  should  be  placed 
in  such  shape  as  would  render  them  less  liable  to  be  lost 
or  defaced."  For,  in  accordance  with  the  mode  of  issu- 
ing titles,  each  one  was  on  a  separate  and  loose  sheet  of 
stamp  paper,  the  original  having  been  retained  in  the 
office  as  the  record,  and  a  certified  copy  issued  to  the 
owner  of  the  land.  "It  is  evident,"  said  Austin,  "that 
records  kept  in  that  way  would  be  liable  in  time  to  wear 
out  and  be  totally  destroyed,  even  if  they  were  not  mis- 
placed." In  order  to  cure  this  situation,  Austin  wrote 
the  governor  on  May  5,  1827,  asking  that  an  order  be 
issued  authorizing  the  transfer  of  all  the  records  of  the 
colony  that  were  on  loose  sheets  into  a  large  bound  reg- 
ister or  record  book.  An  order  authorizing  this  was 
accordingly  issued  on  May  31,  the  method  of  the  trans- 
fer being  minutely  outlined,  and  it  being  required  that 
each  document  recorded  should  be  compared  word  for 
word  by  the  government  land  commissioner,  the  em- 
presario  and  the  alcalde  of  the  district,  and  that  each 
should  attest  to  the  correctness  of  the  copy  with  his  sig- 


290    A  HISTORY  OF  TEXAS 

nature  inscribed  in  the  presence  of  two  witnesses.  It 
was  provided  that  documents  thus  transferred  should 
have  the  same  validity  in  law  as  the  originals.  In  ac- 
cordance with  this  order  all  of  the  titles  already  issued 
in  the  colony  were  thus  transferred  to  the  permanent 
record  book,  and  thereafter  every  title  issued  within 
Austin's  colony  was  recorded  in  like  manner.  It  was 
in  this  way  that  Austin  provided  at  the  earliest  oppor- 
tunity against  the  irregularities  which  had  arisen  in  the 
Nacogdoches  district. 

Meantime,  the  state  constitution  was  completed  by 
the  legislature  in  March,  and  Austin  now  took  steps  to 
obtain  his  full  release  from  responsibility  for  the  gov- 
ernment of  the  colony  and  to  place  it  under  constitu- 
tional government.  The  new  constitution  provided  that 
an  ayuntamiento  or  governing  body  must  be  established 
in  towns  which  "of  themselves  or  with  the  territory 
they  embrace  contain  a  population  of  one  thousand 
souls."  The  colony  came  under  this  classification  and, 
in  the  autumn  of  1827,  Austin  went  to  Saltillo  in  per- 
son to  urge  the  establishment  of  constitutional  govern- 
ment within  its  limits.  In  accordance  with  this  request, 
on  November  17  the  governor  instructed  the  political 
chief  of  Texas  to  order  an  election  of  an  ayuntamiento 
for  Austin's  colony,  fixing  its  jurisdiction  as  the  territory 
from  the  Lavaca  to  the  watershed  between  the  Trinity 
and  the  San  Jacinto,  and  from  the  coast  to  the  San 
Antonio  road.  The  order  provided  that  Austin  should 
preside  over  the  electoral  assembly  and  install  and  ad- 
minister the  oath  to  the  newly  elected  officers.  On 
December  1 1  the  political  chief  transmitted  this  order 


AUSTIN  HANDS  OVER  REINS 291 

to  Austin  and,  under  a  call  issued  by  the  latter,  the  first 
constitutional  election  in  the  colony  was  held  on  Feb- 
ruary 3  and  4,  1828. 

The  election  was  held  in  each  district  under  the 
direction  of  the  existing  alcaldes.  The  officials  to  be 
elected  consisted  of  an  alcalde  for  the  whole  jurisdic- 
tion, officially  styled  "the  jurisdiction  of  Austin,"  two 
regidores  and  one  sindico  procurador — these  four  con- 
stituting the  ayuntamiento.  In  addition  to  this,  in  the 
districts  of  Victoria  and  Mina  a  local  comisario  and  a 
sindico  were  voted  on.  On  one  or  the  other  of  the 
days  of  election  the  voters  gathered  under  the  chair- 
manship of  the  district  alcalde,  elected  tellers  and  a 
secretary,  and  then  proceeded  to  choose  their  favorites 
by  open  vote.  The  voter  called  out  the  name  of  the 
candidate  for  whom  he  wished  his  vote  to  be  recorded, 
or  if  he  handed  in  a  written  list  the  secretary  read  the 
names  aloud.  Everybody  thus  knew  for  whom  every- 
body else  voted.  In  this  way  the  first  election  was  held 
throughout  the  colony — the  jurisdiction  of  Austin — the 
election  itself  being  preceded  by  a  rather  spirited  cam- 
paign for  the  office  of  alcalde.  There  were  those  who 
wanted  Austin  himself  to  be  a  candidate  for  alcalde, 
but  his  purpose  was  to  transfer  the  responsibility  of 
government  to  the  colonists  themselves.  He  remarked 
that  he  had  more  important  things  to  do  in  the  interest 
of  the  colony  than  to  spend  so  much  of  his  time  in  the 
settlement  of  neighborhood  quarrels  over  cows  and 
calves. 

However,  he  did  take  an  interest  in  the  election, 
being  anxious  that  men  should  be  chosen  who  would 
place  the  government  of  the  colony  on  a  sound  and  self- 


292 A  HISTORY  OF  TEXAS 

supporting  basis.  He  supported  Ira  Ingram  for  alcalde, 
Thomas  M.  Duke  being  Ingram's  opponent.  A  ma- 
jority of  the  colonists  differed  from  Austin  as  to  the 
better  man  of  the  two,  and  Duke  was  elected.  A 
total  of  two  hundred  and  thirty-two  votes  was  cast, 
Duke  receiving  one  hundred  and  twenty-one,  and  In- 
gram one  hundred  and  eleven.  Thomas  Davis  and 
Humphrey  Jackson  were  elected  first  and  second  regi- 
dores,  respectively,  and  Rawson  Alley  was  elected 
sindico  procurado.  In  the  district  of  Victoria  Thomas 
Barnett  was  elected  comisario  and  John  D.  Taylor 
sindico.  William  Kincheloe  was  elected  comisario  in 
the  district  of  Mina,  and  Amos  Rawls  sindico.  The 
returns  were  transmitted  to  Austin,  and  on  February 
10,  1828,  the  alcaldes  and  election  officials  met  with 
him  at  San  Felipe  de  Austin,  which  now  had  come  to 
be  shortened  to  Austin,  and  to  appear  officially  by  that 
designation. 

The  minutes  of  the  meeting,  marking  the  beginning 
of  constitutional  government  in  the  colony,  open  as 
follows: 

"Town  of  Austin,  capital  of  the  jurisdiction  of  that 
name,  in  the  department  of  Bexar,  State  of  Coahuila 
and  Texas,  February  10,  1828.  Citizen  Stephen  F. 
Austin,  appointed  on  November  17  to  hold  the  first 
municipal  electoral  assembly  of  the  said  jurisdiction — - 
which  order  was  circulated  by  the  chief  of  the  depart- 
ment on  December  11,  last — met  with  John  P.  Coles, 
James  Cummins,  Thomas  M.  Duke,  Alexander  Hodge 
and  Humphrey  Jackson,  alcaldes;  Alexander  Calvit, 
Green  B.  Jamieson,  Philo  Fairchild,  Thomas  Barnett, 
Moses  Morrison,  William  Kincheloe,  Rawson  Alley, 


AUSTIN  HANDS  OVER  REINS  293 

John  Elam  and  Clement  C.  Dyer,  tellers  -y  Lawrence 
Richard  Kenney,  John  D.  Taylor,  John  Andres, 
Shubael  Marsh  and  John  R.  Foster,  secretaries.  The 
lists  of  the  electoral  assemblies  of  the  respective  dis- 
tricts of  the  jurisdiction  were  opened,  in  conformity 
with  the  3d  article  of  the  above  superior  order,  and  in 
fulfillment  of  the  100th  article  of  the  Regulation  for 
the  Administration  of  Towns,  and  the  three  general  lists 
which  said  article  100  prescribes  were  formed."  Then 
follows  a  record  of  the  result  in  detail,  and  the  various 
officers  were  duly  declared  elected. 

"In  virtue  of  the  foregoing  act  of  election,"  con- 
tinue the  minutes,  "in  which  Citizen  Thomas  M.  Duke 
was  elected  Alcalde,  Citizens  Thomas  Davis  and  Hum- 
phrey Jackson  were  elected  Regidores,  and  Citizen  Raw- 
son  Alley  as  Sindico  Procurador,  and  the  said  individuals 
having,  under  said  act,  taken  the  oath  prescribed  in 
art.  220  of  the  state  constitution,  proceeded  to  the  in- 
stallation of  the  Municipal  Ayuntamiento  of  the  juris- 
diction of  Austin.  The  persons  aforesaid  took  their 
respective  places  presided  by  Citizen  Thomas  M.  Duke, 
Alcalde,  and  having  declared  themselves  as  ready  to 
proceed  to  the  discussion  and  organization  of  the  sub- 
jects more  immediately  connected  with  their  formation, 
the  Ayuntamiento  was  proclaimed  to  be  duly  installed 
and  organized,  and  then  proceeded  to  the  discussion  and 
decreeing  the  following  subjects." 

Thus  was  constitutional  government  established  and 
the  reins  passed  over  by  Austin  to  the  newly  organized 
ayuntamiento.  He  had  been  the  official  head  of  the 
government  of  the  colony — almost  the  entire  govern- 
ment, in  fact — since  August  9,  1823,  on  which  day  he 


294 A  HISTORY  OF  TEXAS 

had  been  installed  by  Baron  de  Bastrop,  who  on  that 
occasion  had  charged  the  colonists  to  "recognize  said 
Austin,  invested  with  said  powers,  and  obey  whatever 
he  may  order  relative  to  the  public  service  of  the  coun- 
try, the  preservation  of  good  order,  and  the  defense  of 
the  nation  to  which  they  belong."  But  in  laying  down 
the  reins  of  government,  Austin  was  by  no  means  get- 
ting rid  of  the  cares  attendant  upon  the  general 
oversight  of  the  welfare  of  the  colony.  In  the  very 
nature  of  things  he  would  still  have  remained  the  chief 
connecting  link  between  the  colonists  and  the  superior 
government,  even  if  the  new  officials  had  launched  upon 
a  vigorous  prosecution  of  their  duties.  It  was  the 
plain  truth  that  he  had  more  important  things  to  do 
in  the  interest  of  the  colony. 

The  first  duty  which  the  new  ayuntamiento  faced 
was  that  of  procuring  a  secretary  and,  inasmuch  as  this 
official  must  be  skilled  in  the  use  of  both  Spanish  and 
English,  it  was  no  easy  task.  Samuel  M.  Williams, 
employed  by  Austin  as  secretary  of  the  colony,  declined 
to  accept  the  appointment,  but  agreed  to  act  until 
another  could  be  found.  Another  was  not  found  very 
soon  and,  at  a  great  sacrifice,  Williams  acted  in  the 
capacity  of  secretary  throughout  most  of  the  colonial 
period. 

The  alcalde  was  the  executive  head  of  the  ayunta- 
miento and  of  the  jurisdiction  which  it  governed;  he 
was  chief  judge  of  the  district,  with  final  jurisdiction 
in  cases  involving  amounts  up  to  ten  dollars  and,  acting 
with  a  representative  of  each  side  of  a  suit,  final  juris- 
diction up  to  one  hundred  dollars,  and  preliminary 
jurisdiction  in  all  other  cases;  and  finally  he  was  the 


AUSTIN  HANDS  OVER  REINS  295 

official  representative  of  the  colony  in  communication 
with  the  superior  government  and  other  municipalities. 
The  regidores  were  something  like  modern  city  com- 
missioners, and  the  sindico  was  the  notary  and  attorney 
of  the  municipality.  The  district  comisario  was  a  local 
justice  of  the  peace,  with  certain  administrative  func- 
tions, and  the  district  sindico  performed  the  same  duties 
as  the  municipal  sindico  within  the  limits  of  his  juris- 
diction. These  local  officials,  of  course,  were  under  the 
authority  of  the  ayuntamiento. 

The  routine  duties  of  these  officials  undoubtedly  were 
performed  in  a  manner  efficient  enough  to  insure 
the  security  of  property,  the  protection  of  life  and  the 
preservation  of  the  peace.  To  "frontier  republicans," 
such  as  made  up  the  bulk  of  the  population  of  the 
colony,  men  chiefly  engaged  in  farming  their  own  land, 
raising  their  own  livestock  and  attending  to  their  own 
business  generally,  this  sufficed.  It  is  not  to  be  won- 
dered at,  perhaps,  that  they  had  little  concern  for  "civic 
improvements,"  even  for  such  essentials  as  a  courthouse 
and  jail.  They  were  notoriously  impatient  of  paying 
taxes,  and  undoubtedly  the  members  of  the  new  gov- 
ernment knew  their  constituents  well.  In  any  event  the 
officials  were  very  timid  about  levying  taxes,  and  even 
more  timid  about  collecting  them.  The  municipality, 
therefore,  was  continually  short  of  funds,  and  until 
1832  it  was  even  without  a  jail. 

In  such  a  situation,  no  matter  how  much  he  might 
wish  to  do  so,  Austin  could  not  escape  concerning  him- 
self about  the  affairs  of  the  municipality.  In  Novem- 
ber,   1829,  in  an  address  to  the  colonists  explaining 


296 A  HISTORY  OF  TEXAS 

certain  matters  connected  with  the  history  of  the  colony 
which  required  explanation  in  the  interest  of  the  public 
welfare,  Austin  wrote  as  follows: 

"It  is  well  known  that  up  to  February,  1828,  the 
labor  and  expense  of  the  local  government  fell  princi- 
pally on  me  individually,  and  that  since  that  period 
all  the  Spanish  part  of  the  labor  has  fallen  on  Williams 
and  myself,  without  any  compensation.  It  is  also  well 
known  that  the  translating  and  other  duties  connected 
with  the  local  government  are  sufficient  to  occupy  all 
the  time  and  attention  of  a  secretary.  Since  February, 
1828,  I  have  held  no  office  which  imposes  any  other 
duty  on  me  to  aid  or  interfere  in  the  local  civil  gov- 
ernment than  what  belongs  to  any  other  citizen.  As 
a  citizen,  I  advised  the  ayuntamiento  of  1828  to  resort 
to  a  municipal  tax;  that  body  thought  it  would  be 
unpopular,  and  feared  to  move.  I  repeated  the  advice 
to  the  ayuntamiento  of  1829,  and  strongly  urged  the 
vast  importance  of  giving  respectability,  system,  and 
permanency  to  the  local  government  by  the  creation  of 
funds  and  the  erection  of  public  buildings;  as  a  friend 
of  the  settlers,  I  again  repeat  the  same  advice.  The 
municipality  is  without  a  jail,  a  house  for  public  use, 
or  a  place  to  keep  records  in;  and  it  is  also  without 
a  secretary,  when  it  is  well  known  that  all  its  official 
business  must  be  transacted  in  Spanish,  and  that  not 
one  of  the  municipal  officers  understands  one  word  of 
that  language.  For  two  years  past  the  business  of  the 
ayuntamiento  has  been  done  for  it,  and  not  by  it,  and 
an  excessive  burden  has  thus  been  thrown  upon  the  lib- 
erality of  others.  I  have  before  stated  that  all  the  land 
records  would  shortly  pass  from  my  hands  to  the  alcalde 


AUSTIN  HANDS  OVER  REINS  297 

and  ayuntamiento;  perhaps  I  ought  to  be  more  explicit 
and  state  distinctly  that  it  is,  and  for  some  time  past 
has  been,  my  wish  and  intention  to  withdraw,  as  soon 
as  the  welfare  of  the  colony  will  permit,  from  every 
kind  of  public  charge,  either  direct  or  indirect.  This 
course  is  rendered  necessary  by  the  state  of  my  health, 
which  is  perceptibly  declining,  and  also  by  the  em- 
barrassed situation  of  my  private  affairs,  which  will 
require  more  of  my  time  and  attention  than  I  have 
heretofore  been  able  to  devote  to  them.  These  con- 
siderations may,  perhaps,  have  caused  too  much  anxiety 
to  see  our  local  government  placed  on  a  more  respect- 
able and  systematic  basis  than  it  is  at  present.  I  may 
have  wished  to  accelerate  matters  more  than  the  re- 
sources of  the  country  will  admit,  and  been  too  far 
influenced  by  an  excess  of  zeal  for  what  I  considered 
to  be  the  general  welfare.  My  motives,  however,  were 
good,  and  had  no  other  object  in  view  than  general 
utility;  and  I  must  be  permitted  to  say  this  colony  is 
abundantly  able  to  support  its  local  government  with 
decency  and  energy.  .  .  .  For  eight  years  I  have  en- 
deavored to  be  a  faithful  servant  to  this  colony;  it 
ought  not  to  be  supposed  that  I  am  to  be  its  slave  for 
life.  Owing  to  my  exertions  when  at  the  seat  of 
government,  in  1827,  the  local  government  of  this 
municipality  was  placed  exclusively  in  the  hands  of  the 
people  sooner  than  it  otherwise  would  have  been,  and 
all  that  I  now  ask  is  that  they  will  provide  the  necessary 
means  of  administering  it  for  their  own  welfare." 

All  of  which  shows  clearly  that  the  transfer  of  the 
responsibility  for  the  government  to  the  people  of  the 
colony  did  not  relieve  Austin  altogether  of  the  necessity 


298  A  HISTORY  OF  TEXAS 

of  performing  public  services  constantly.  As  a  matter 
of  fact  he  remained  a  public  servant  to  the  last,  whether 
holding  any  official  position  or  not,  and  more  than  half 
of  the  seven  years  he  lived  after  he  wrote  the  above 
quoted  lines  were  devoted  exclusively  to  the  public 
service. 

The  first  ayuntamiento  enacted  only  two  measures 
that  might  be  regarded  as  of  importance.  One  was 
the  drafting  of  the  "Municipal  Ordinance  for  the 
Government  and  Regulation  of  the  Ayuntamiento  of 
Austin,"  which  set  forth  the  rules  and  regulations  of 
procedure  of  that  body,  defined  the  duties  of  the  va- 
rious officers,  and  provided  for  a  system  of  license  fees 
and  taxes.  The  other  was  the  adoption  of  a  memorial 
to  the  state  government  asking  for  the  passage  of  a 
law  guaranteeing  contracts  entered  into  by  "emigrants 
to  this  state  or  inhabitants  of  it  with  the  servants  or 
hirelings  they  introduce."  The  purpose  of  this  was 
to  evade  the  provision  of  the  state  constitution  prohib- 
iting the  further  introduction  of  slaves  into  the  state, 
the  effect  of  which  was  beginning  to  be  felt.  The 
state  constitution  provided  that  the  immigration  of 
slaves  should  be  prohibited  after  six  months  from  the 
date  of  promulgation  of  that  document,  and  that  in 
future  the  children  of  slaves  born  within  the  state  would 
be  free.  This  meant,  of  course,  that  there  was  no 
disturbance  of  the  property  rights  of  the  owners  of  the 
slaves  already  in  the  state,  nor  of  those  who  might  in- 
troduce slaves  during  the  six-month  period.  The  six 
months  had  elapsed,  however,  and  as  the  most  desirable 
class  of  colonists  would  be  excluded  in  the  future  if 


f\ AUSTIN  HANDS  OVER  REINS 29? 

immigrants  from  the  southern  states  could  not  bring 
their  slaves  along  with  them,  the  method  had  been 
devised  of  having  the  slave  make  a  labor  contract  with 
his  master  before  entering  the  state.  Such  contracts 
set  forth  the  amount  which  the  master  had  paid  for 
the  slave,  and  divided  that  amount  into  annual  pay- 
ments of  wages  calculated  so  as  to  require  the  probable 
remaining  years  of  the  slave's  life  to  exhaust  the  full 
amount.  The  slave  agreed  to  serve  the  master  in  con- 
sideration of  these  wages  until  the  full  amount  had 
been  paid,  and  also  to  add  the  cost  of  his  food  and 
clothing.  Provision  was  also  made  for  the  children  of 
slaves  by  a  like  device. 

It  was  necessary,  however,  to  make  sure  these  con- 
tracts could  be  enforced  by  law  for  an  immigrant  to 
feel  certain  his  property  was  safe  in  Texas.  The  situ- 
ation had  begun  to  affect  immigration  unfavorably,  and 
the  ayuntamiento  passed  the  following  resolution: 

"Considering  the  paralyzed  state  of  immigration  to 
this  jurisdiction  from  the  United  States,  arising  from 
the  difficulties  encountered  by  immigrants  in  bringing 
servants  and  hirelings  with  them,  this  body  conceive 
it  to  be  their  duty  to  propose  to  the  Legislature  of  this 
state,  through  the  Chief  of  the  Department,  a  project 
of  a  law  whereby  immigrants  and  inhabitants  of  this 
state  may  be  secure  in  the  contracts  made  by  them  with 
servants  or  hirelings  in  foreign  countries,  which  project 
the  president  will  make  out  in  the  following  terms,  to 
wit:  'Are  guaranteed  the  contracts  made  by  immi- 
grants to  this  state  or  inhabitants  of  it  with  the  servants 
or  hirelings  they  introduce/  and  solicit  the  said  chief 


300 A  HISTORY  OF  TEXAS 

to  forward  it  on  to  the  Legislature  with  such  additional 
influence  as  he  may  think  proper  to  attend  to  it." 

As  a  result  of  this  request,  the  legislature  passed  a 
bill,  on  May  5,  legalizing  such  contracts,  so  that  this 
check  to  immgration  was  removed. 

One  effect  of  the  establishment  of  constitutional 
government  in  the  colony  was  to  bring  the  colonists  into 
closer  touch  with  the  politics  of  the  country.  They 
were  no  longer  merely  "colonists"  or  "settlers,"  but 
full-fledged  citizens  of  the  jurisdiction  of  Austin,  de- 
partment of  Bexar,  of  the  free,  independent  and  sov- 
ereign State  of  Coahuila  and  Texas.  As  such  they 
would  participate  in  the  elections  to  name  the  electors 
who  would  cast  the  vote  of  the  department  for  the 
various  state  officers,  the  members  of  the  state  legisla- 
ture, and  of  the  federal  congress.  The  presidential 
election  of  1828  was  approaching,  and  the  legislature 
named  at  the  next  electoral  gathering  would  cast  the 
vote  of  the  state  for  its  choice  for  president. 

The  first  constitutional  president,  Victoria,  was  near- 
ing  the  end  of  his  term.  The  experiment  of  repub- 
licanism apparently  was  succeeding.  There  had  been 
some  disturbances  during  his  term  of  office,  and  one 
formidable  attempt  at  revolution,  but  the  latter  had 
been  put  down  without  difficulty.  The  second  presi- 
dential election  was  now  at  hand. 

As  has  been  said,  the  country  had  divided  up  between 
two  political  parties  under  the  banners  of  the  two 
branches  of  Masonry.  They  were,  roughly  speaking, 
the  centralist  and  the  federalist  parties,  the  Escoceses 
being  chiefly  centralists  and  the  Yorkinos  being  fed- 


AUSTIN  HANDS  OVER  REINS  301 

eralists.  The  fact  that  the  constitution  of  1824  had 
settled  definitely  that  the  form  of  government  was  to 
be  federal  republican  did  not  dispose  of  the  question  for 
many  of  the  leaders  of  the  centralists,  who  could  not  be- 
come reconciled  to  the  idea  of  "free,  independent  and 
sovereign  states."  To  no  group  of  citizens  in  the  whole 
Mexican  federation,  however,  was  this  question  of  such 
importance  as  to  those  of  the  "jurisdiction  of  Austin." 
Stephen  Austin  had  recognized  from  the  first  the  im- 
portance of  obtaining  for  Texas  as  much  of  local  self- 
government  as  possible,  and  it  was  for  this  reason  that 
he  had  used  his  influence  with  the  federalist  leaders 
to  have  Texas  attached  to  Coahuila  as  a  state  instead 
of  being  made  a  territory,  like  New  Mexico  and 
California. 

The  Yorkino  party  was  the  party  of  republicanism 
and  was  composed  of  the  men  chiefly  responsible  for 
the  form  of  the  constitution  of  1824.  It  was  the  nat- 
ural party  of  the  Anglo-Americans,  and  as  a  matter 
of  course  they  were  all  supporters  of  the  Yorkino  cause. 
In  addition  to  this,  Stephen  Austin  was  a  York  Rite 
Mason,  a  member  of  St.  Louis  Lodge  No.  3,  and  there 
were  a  number  of  other  York  Masons  among  the 
colonists,  including  both  of  the  candidates  for  alcalde 
in  the  first  election.  One  of  the  first  acts  of  the  leaders 
among  the  colonists,  therefore,  following  the  establish- 
ment of  constitutional  government  in  the  colony,  was 
to  take  steps  to  form  a  York  lodge.  The  ayuntamiento, 
as  has  been  seen,  was  officially  installed  on  February 
10,  1828.  The  very  next  day,  on  February  11,  Austin 
and  a  number  of  the  leading  colonists  met  at  San  Felipe 


302 A  HISTORY  OF  TEXAS 

for  the  purpose  of  applying  for  a  charter.  The  minutes 
of  this  meeting,  signed  by  H.  H.  League  as  chairman, 
and  Thomas  M.  Duke  as  secretary,  follow: 

"At  a  meeting  of  Ancient  York  Masons,  held  in  the 
town  of  San  Felipe  de  Austin,  on  the  1 1th  of  February, 
1828,  for  the  purpose  of  taking  into  consideration  the 
expediency  of  petitioning  the  Grand  Lodge  of  Mexico 
for  granting  a  charter  or  dispensation  for  organizing 
a  subordinate  lodge  at  this  place,  the  following  Brethren 
were  present:  Brothers  H.  H.  League,  Stephen  F. 
Austin,  Ira  Ingram,  Eli  Mitchell,  Joseph  White,  G.  B. 
Hall  and  Thomas  M.  Duke. 

"On  motion  of  Brother  Stephen  F.  Austin,  and  sec- 
onded, it  was  unanimously  agreed  that  we  petition  the 
Grand  York  Lodge  of  Mexico  for  a  charter  or  dis- 
pensation to  organize  a  lodge  at  this  place,  to  be  called 
the  Lodge  of  Union.  On  balloting  for  officers  of 
the  lodge,  the  following  Brothers  were  duly  elected: 
Brother  S.  F.  Austin,  Master;  Brother  Ira  Ingram, 
Senior  Warden;  Brother  H.  H.  League,  Junior 
Warden. " 

It  is  significant  that  the  name  chosen  for  the  lodge 
was  "the  Lodge  of  Union."  The  slogan  which  Austin 
had  proposed  in  the  movement  against  the  Fredonians 
had  been  "Mexico  and  Union,"  and  expressed  oppo- 
sition to  the  detaching  of  territory  from  the  Mexican 
federation.  "Union  under  the  Constitution  of  1824" 
supplies  a  key  to  Austin's  whole  point  of  view,  and 
explains  his  course  throughout  the  disturbed  period 
leading  up  to  independence.  It  was  especially  fitting, 
therefore,  that  the  name  of  this  lodge  should  embody 
this  sentiment. 


AUSTIN  HANDS  OVER  REINS 303 

It  will  be  seen  presently  that  the  project  of  obtain- 
ing a  charter  for  a  lodge  was  subsequently  permitted 
to  die  out  because  of  the  course  of  events  in  Mexico, 
but  the  meeting  reflects  the  political  sentiment  existing 
among  the  Anglo-American  colonists  at  this  time.  As 
a  matter  of  fact,  from  this  point  forward  political  con- 
ditions in  Mexico  became  such  as  to  make  any  active 
participation  in  the  affairs  of  the  republic  by  the  Anglo- 
American  citizens  extremely  difficult.  However,  the 
circumstance  that  Victoria  had  managed  to  serve 
through  his  full  term  gave  the  impression  at  the  time 
that  Mexico  was  making  unusually  good  progress 
toward  establishing  and  maintaining  a  federal  repub- 
lican government. 

As  the  election  of  1828  approached  it  became  ap- 
parent that  the  nominal  division  between  the  Yorkinos 
and  the  Escoceses  would  not  decide  the  result.  Vic- 
toria's secretary  of  war,  Don  Manuel  Gomez  Pedraza, 
had  made  the  most  of  the  political  possibilities  of  the 
Bravo  revolution.  He  promptly  suppressed  it,  to  be 
sure,  but  instead  of  shooting  the  leaders  of  the  revolt, 
as  the  extreme  Yorkino  leaders  expected  him  to  do,  he 
contented  himself  with  banishing  them,  thus  making 
a  good  stroke  of  practical  politics.  The  Escoceses 
could  not  put  forward  candidates  in  their  own  name, 
but  Pedraza  now  became  a  candidate  for  the  presidency, 
and  besides  the  support  he  drew  from  the  moderate 
Yorkinos,  he  attached  the  Escoceses  to  his  cause  almost 
to  a  man.  The  regular  Yorkino  candidate  was  Gen. 
Vicente  Guerrero,  an  uneducated  half-breed  Indian, 
who  had  been  one  of  the  popular  heroes  of  the  revolu- 
tionary period,  and  who  had  received  the  same  number 


304  A  HISTORY  OF  TEXAS 

'i  '  ■        '  — ———»———— — ii      ■ 

of  legislative  votes  for  vice-president  as  Bravo  in  1824. 
He  contrasted  sharply  with  Pedraza  as  a  candidate,  the 
latter  being  of  Spanish  blood,  well  educated,  and  alto- 
gether a  polished  gentleman.  Moreover,  during  the 
Spanish  regime,  Pedraza  had  been  an  uncompromising 
opponent  of  revolution. 

The  election  was  held  and  Pedraza  was  elected.  Ten 
state  legislatures  voted  for  him  and  eight  for  Guerrero. 
The  State  of  Durango  refrained  from  voting.  Where- 
upon there  stepped  into  the  limelight  for  the  first  time 
a  man  who  was  to  play  a  dominating  role  in  the  affairs 
of  Mexico — Gen.  Antonio  Lopez  de  Santa  Anna.  The 
result  of  the  election  was  scarcely  known  when  a  small 
force  of  troops  under  the  command  of  Santa  Anna  at 
Jalapa  marched  against  the  fortress  at  Perote,  captured 
it,  and  issued  a  pronouncement  declaring  the  election 
illegal  and  denouncing  Pedraza  as  a  secret  enemy  of  his 
country.  Santa  Anna  contended  that  in  voting  for 
Pedraza  the  legislatures  had  ignored  the  wishes  of  their 
constituents.  He  proposed,  with  the  aid  of  the  army, 
to  compel  the  legislatures  which  voted  for  Pedraza  to 
rescind  their  action  and  to  have  Guerrero  declared 
President.  He  also  demanded  the  enactment  of  a  law 
expelling  all  Spaniards  from  the  country. 

In  order  to  appreciate  the  full  significance  of  Santa 
Anna's  platform,  it  is  necessary  to  understand  that  Spain 
continued  to  regard  Mexico  as  a  Spanish  colony,  and 
that  plans  had  been  under  way  for  some  time  to  send 
a  Spanish  expedition  to  reconquer  the  country.  There 
had  been  more  than  one  demand  for  the  expulsion  of 
Spaniards,  and  it  was  strongly  suspected  that  certain 
parties  in  Mexico  were  intriguing  to  prepare  an  up- 


AUSTIN  HANDS  OVER  REINS  305 

rising  in  favor  of  Spain,  for  which  the  landing  of 
Spanish  troops  on  the  coast  was  to  be  the  signal. 
Pedraza  had  been  a  royalist  before  the  revolution  and 
a  friend  of  Iturbide;  he  was  of  Spanish  blood  and, 
whether  there  was  any  basis  for  the  charge  or  not, 
Santa  Anna  hinted  that  he  desired  the  restoration  of 
the  Spanish  power  in  Mexico. 

Santa  Anna's  platform  was  one  well  calculated  to 
be  popular,  but  the  support  he  expected  did  not  come 
promptly.  On  the  contrary,  congress  immediately  de- 
clared him  an  outlaw  and  a  force  was  dispatched  to 
capture  him.  Santa  Anna  withdrew  to  Oaxaca,  Guer- 
rero's old  stamping  ground,  and  thus  eluded  his  pursuers. 
Several  weeks  passed,  and  it  began  to  appear  that  the 
whole  incident  was  closed  when,  on  the  night  of  No- 
vember 30,  a  party  of  Guerrero's  friends  seized  one 
of  the  prison  buildings  in  Mexico  City,  converted  it 
into  a  fortress  and,  after  several  days  of  street  fighting, 
obtained  complete  control  of  the  city.  Victoria  capitu- 
lated to  the  insurgents  and  thenceforth  did  their 
bidding.  Pedraza  was  compelled  to  resign  from  the 
cabinet,  and  Guerrero  was  made  secretary  of  war  in  his 
place.  Pedraza  then  renounced  all  claims  to  the  presi- 
dency and  went  to  England.  Throughout  the  country 
there  were  pronouncements  in  favor  of  Guerrero  for 
president  and  demands  for  the  expulsion  of  Spaniards. 
In  this  situation,  the  same  congress  which  a  few  months 
before  had  declared  Santa  Anna  an  outlaw,  now  pro- 
claimed Guerrero  to  be  the  duly  elected  president  of 
the  republic. 

It  was  amid  such  scenes  that  the  administration  of 
Victoria  came  to  an  end.     Today  it  is  clear  that  from 


306  A  HISTORY  OF  TEXAS 

that  moment  was  demonstrated  the  complete  inability 
of  the  Mexicans  to  maintain  a  republican  form  of  gov- 
ernment. The  support  of  the  army  was  more  important 
than  the  support  of  the  people,  and  the  presidency 
became  a  prize  to  be  sought  through  influence  with  the 
military  leaders.  That  was  not  so  evident  at  the  mo- 
ment, for  the  suspicion  of  Pedraza,  and  the  outcry 
against  Spaniards,  gave  a  semblance  of  justification  for 
armed  action.  It  was,  however,  the  beginning  of  a 
condition  of  affairs  which  is  familiar  to  all  today,  a 
condition  of  politics  entirely  alien  to  the  Anglo-Ameri- 
can point  of  view,  and  under  which  Anglo-Americans 
could  not  live  very  long. 

Guerrero,  the  candidate  who  had  been  defeated  in 
the  election,  was  inaugurated  on  April  1,  1829.  Before 
handing  over  the  office,  however,  Victoria  issued  a 
proclamation  of  general  amnesty,  including  in  its  pro- 
visions all  who  had  participated  in  the  disturbances  in 
the  capital  and  in  different  sections  of  the  country. 
This  included  also  Gen.  Antonio  Lopez  de  Santa  Anna, 
and  events  were  shortly  to  occur  that  would  make  him 
the  national  hero  of  the  moment. 


CHAPTER  XV. 

IN  TEXAS  TO  STAY. 

"From  having  been  reared  among  them,"  writes 
Guy  M.  Bryan,  nephew  of  Stephen  Austin,  "I  can  say 
truthfully  that  I  never  knew  anywhere,  as  a  class, 
better  men  and  happier  communities  than  were  found 
in  the  colonies  of  Austin." 

All  contemporary  accounts  based  upon  actual  knowl- 
edge agree  with  this  estimate.  Bryan  came  to  Texas 
in  1831,  when  his  mother,  Austin's  sister,  migrated 
from  Missouri,  together  with  her  second  husband, 
James  F.  Perry,  and  her  two  sons.  But  his  description 
of  the  colonists  applies  to  conditions  existing  for  three 
or  four  years  prior  to  his  arrival. 

Austin's  dream  of  "redeeming  Texas  from  its  wilder- 
ness state  by  means  of  the  plough  alone"  was  being 
realized.  Between  1825  and  1830  the  families  which 
came  in  a  constant  stream  from  all  sections  of  the 
United  States,  but  chiefly  from  the  southern  states,  were 
of  a  very  high  character.  Before  1830  the  several 
settled  communities  which  had  sprung  up  in  the  terri- 
tory included  in  the  "jurisdiction  of  Austin"  began  to 
develop  their  own  peculiar  social  standards.  "They 
came  to  better  their  condition,"  says  Bryan,  "to  obtain 
land  for  themselves  and  families  in  a  new  and  unin- 
habited country."  They  got  the  land  and  founded 
homes  and  then  proceeded  to  create  community  life. 
"Some  of  the  colonists,"  continues  Bryan,  "subdivided 

307 


308  A  HISTORY  OF  TEXAS 

their  lands,  selling  the  same  to  enable  others  to  settle 
among  them,  and  thus  the  colonies  of  Austin  rapidly- 
populated  and  improved  under  his  judicious  and 
parental  government. "  Newcomers  were  welcomed, 
and  if  they  seemed  desirable  colonists,  all  joined  to  make 
them  feel  at  home.  An  article  published  in  The  Family 
Magazine  in  the  United  States,  written  by  a  traveler 
who  made  a  tour  of  Texas  about  this  time,  particularly 
emphasizes  this  point. 

"Those  who  have  settled  in  Texas  a  few  months," 
says  this  writer,  "really  enjoy  more  comforts  (and  these 
in  addition  to  the  opportunity  of  possessing  a  handsome 
property)  than  any  other  peasantry  with  which  I  am 
acquainted.  One  act  of  liberality  and  hospitality  which 
is  constantly  practiced  by  all  his  neighbors  towrard  a 
newcomer,  whose  character  is  found  exceptionable, 
would  do  honor  to  the  most  highly  civilized  people. 
They  all  assemble  at  the  spot  which  he  has  fixed  upon 
as  his  residence,  with  their  axes  and  draught-oxen,  fell 
the  timber,  and  build  for  him  his  log-hut.  This  gen- 
erally consists  of  three  apartments,  one  for  sleeping, 
another  for  eating,  both  closed  in  all  round,  while  in  the 
center,  which  is  left  open  on  both  sides,  he  keeps  his 
saddles  and  tools,  and  takes  his  meals  during  the  hot 
weather.  .  .  .  The  log-hut  is  by  no  means  an  incon- 
venient residence;  indeed,  some  of  them  are  roomy, 
neat,  and  durable,  very  strong,  and  well  calculated 
to  afford  protection  from  every  inclemency  of  the 
weather." 

"The  newcomers  who  had  not  yet  procured  cattle," 
says  another  witness,  W.  P.  Zuber,  an  early  settler, 
"were  supplied  with  milk  and  butter  by  the  voluntary 


IN  TEXAS  TO  STAY  309 

loan  of  cows.  No  man  whose  neighbors  had  meat  and 
bread  suffered  from  hunger.  Working  tools,  of  which 
no  family  for  a  long  time  had  a  full  supply,  circulated 
by  loan,  as  common  property." 

This  cooperation  was  not  confined  to  newcomers, 
however.  It  became  the  settled  habit  of  these  young 
communities,  and  a  mutual  helpfulness  took  on  the 
character  of  a  social  convention.  "If  a  settler  was 
weak-handed  in  making  his  improvements,"  says  Bryan, 
"or  in  log-raising  or  log-rolling,  in  ploughing  or  culti- 
vating his  crop,  ample  gratuitous  aid  wras  at  hand,  and 
no  one  suffered  for  want  of  this  aid."  So  it  was  that 
they  all  prospered,  for  in  very  truth  they  bore  one 
another's  burdens  so  that  they  fell  heavily  upon  the 
shoulders  of  none.  "All  were  landholders,"  says  Bryan, 
"and  were,  or  expected  to  be,  householders  .  .  .  and 
owners  of  cattle,  horses  and  hogs.  .  .  .  Nowhere  was 
a  pauper  to  be  found,  and  rarely  a  thief.  There  were 
no  locks,  and  the  latch-string  ever  hung  out.  ...  If 
the  great  object  of  a  man  in  this  life  is  contentment, 
and  to  live  in  a  society  where  each  one  respects  the 
rights  of  the  other,  having  the  largest  share  of  freedom 
of  thought  and  action,  nowhere  has  it  been  realized  more 
thoroughly  than  among  these  intelligent,  contented, 
honest,  hospitable,  self-supporting  communities." 

Such  a  society  would  inevitably  develop  standards  in 
keeping  with  this  economic  foundation.  Isolated  from 
the  rest  of  the  world — for  a  wilderness  separated  them 
from  the  United  States  on  the  one  hand  and  the  interior 
of  Mexico  on  the  other — they  settled  down  to  the  busi- 
ness of  living  together  in  mutual  helpfulness,  which, 
after  all,  is  the  very  essence  of  civilization,  and  their 


310 A  HISTORY  OF  TEXAS 

pursuits,  their  industries,  their  amusements  and  social 
institutions  developed  accordingly,  within  the  limits  of 
the  means  at  hand  and  in  keeping  with  their  environ- 
ment. 

"All  were  industrious,"  says  Zuber,  the  early  settler 
already  quoted.  Austin  had  made  this  characteristic  a 
required  qualification  for  entering  the  colony,  and  his 
insistence  upon  this  point  had  borne  fruit.  "The  wilful 
non-payment  of  a  just  debt  was  regarded  as  no  better 
than  theft.  To  sue  an  honest  but  unfortunate  debtor, 
who  was  not  able  to  pay  a  debt,  was  condemned  as  an 
outrage.  The  wilful  non-compliance  with  a  promise 
was  an  intolerable  disgrace.  .  .  .  The  promises  of  most 
persons  were  given  and  accepted  as  their  most  binding 
obligations." 

"Socially,"  says  Bryan,  "all  were  on  an  equality,  merit 
being  the  only  distinction.  There  were  men  of  educa- 
tion, ability,  and  superior  qualifications  among  them; 
the  great  majority  were  intelligent,  practical,  useful,  in- 
dustrious and  moral.  There  were  among  the  women  the 
refined,  cultured  and  accomplished,  and  as  a  class  they 
all  understood  the  duties  and  requirements  of  their  situa- 
tion, possessing  in  a  high  degree  the  best  qualities  of 
wife,  mother,  daughter  and  sister ;  cheering  the  men  in 
their  varied  duties,  softening  their  manners  and  rough 
experiences."  It  is  indeed  true  that  men  of  education 
and  ability  were  early  among  the  immigrants  to  Texas. 
David  G.  Burnet,  destined  to  figure  prominently  in 
Texas  affairs,  came  in  1 826 3  Robert  M.  Williamson,  for 
a  long  time  the  leading  lawyer  of  the  colony,  and  popu- 
larly known  as  "three-legged  Willie,"  because  he  was 
one-legged  and  used  a  crutch,  came  in  1827;  Gail  Bor- 


IN  TEXAS  TO  STAY 311 

den,  who  in  after  years  gained  world-wide  fame  for 
his  invention  of  condensed  milk,  joined  his  brother 
Thomas,  one  of  the  "old  three  hundred,"  in  1828;  Wil- 
liam H.  Wharton,  a  brilliant  lawyer,  came  from  Nash- 
ville in  1829;  William  T.  Austin,  a  brother  of  John 
Austin,  who  had  been  in  the  colony  since  1823,  arrived 
in  1830;  and  a  great  many  others — lawyers,  doctors, 
school-teachers,  newspaper  writers,  and  especially  sur- 
veyors— flocked  to  this  land  of  promise,  where  the 
growing  population  was  creating  a  demand  for  their 
services.  Among  the  surveyors  and  civil  engineers  who 
migrated  early  were  James  Kerr  and  Francis  W. 
Johnson,  both  arriving  in  1 826,  the  former  as  the  official 
surveyor  for  Green  De Witt's  colony,  and  the  latter  to 
offer  his  services  wherever  they  might  be  needed.  Both 
became  prominent  men  among  the  colonists,  Johnson 
being  elected  alcalde  of  Austin's  colony  in  1830. 

The  amusements  of  the  colonists  were  such  as  might 
be  expected  among  such  people  in  such  surroundings. 
There  were  many  occasions  which  supplied  opportunity 
for  social  recreation.  Whenever  there  was  a  neighbor's 
house  to  be  built  or  repaired,  or  other  work  to  be  done 
which  called  for  cooperation,  and  the  men  gathered  for 
that  purpose,  the  women  and  young  girls  came,  too, 
not  only  to  prepare  food,  but  to  participate  in  the  fun 
which  would  be  bound  to  follow  when  the  work  was 
done.  On  such  occasions  there  would  be  dancing  and 
games  and  other  innocent  amusements.  Picnics  and 
hunting  and  fishing  parties  were  not  infrequent.  "We 
frequently  make  up  parties  of  men,  women  and  chil- 
dren," wrote  one  settler  to  "the  States,"  "and  start  out 


312  A  HISTORY  OF  TEXAS 


on  hunting  or  fishing  expeditions,  and  are  gone  for 
several  days.  These  excursions  are  very  pleasant."  And 
another  observer  says,  "It  is  not  uncommon  for  ladies 
to  mount  their  mustangs  and  hunt  with  their  husbands, 
and  with  them  to  camp  out  for  days  on  their  excursions 
to  the  seashore  for  fish  and  oysters.  All  visiting  is 
done  on  horseback,  and  they  will  go  fifty  miles  to  a 
ball,  with  their  silk  dresses,  made  perhaps  in  Philadel- 
phia or  New  Orleans,  in  their  saddle-bags." 

"Sunday  was  a  day  of  visiting,"  says  Bryan,  "and  to 
ride  five  or  ten  miles  on  horseback,  take  dinner  and 
spend  the  day  with  families,  was  the  custom.  Their 
religion  was  only  in  the  family  circle,  where  there 
were  readings,  prayers  and  singing.  The  Roman  Cath- 
olic was  the  legal  religion,  but  the  colonists  at  home 
kept  the  faith  of  their  fathers,  and  dfd  nothing  to  pro- 
voke censure  of  the  established  church  or  government." 

"The  colonists,"  he  continues,  "had  their  amusements 
of  balls,  and  parties,  and  neighborhood  gatherings  for 
athletic  exercises,  fishing,  picnics,  horse-racing,  rifle- 
shooting,  mustang-catching,  story-tellings  of  their  trad- 
ing, surveying,  hunting,  and  Indian  expeditions." 

There  were  amusements  of  a  rougher  sort  for  men, 
of  course.  There  was  some  "hard  drinking"  at  times, 
and  card  playing  was  an  almost  constant  occupation  of 
idle  hours.  Francis  W.  Johnson  tells  of  his  first  visit 
to  San  Felipe,  for  example,  as  follows:  "We  visited 
the  store,  owned  and  kept  by  Stephen  Richardson  and 
Thomas  Davis,  both  good  and  true  men.  Their  stock 
consisted  of  two  or  three  barrels  of  whiskey,  some  sugar, 
salt  and  a  few  remnants  of  dry  goods,  in  value  not 


IN  TEXAS  TO  STAY  313 


exceeding  five  hundred  dollars.  Here  we  found  a 
number  of  the  lords  of  Texas.  They  seemed  to  be 
enjoying  themselves -y  some  were  engaged  in  a  game 
of  'old  sledge5  or  seven-up  at  cards ;  others  drinking 
whiskey,  eating  ftelonce  (Mexican  sugar)  or  pecans;  and 
all  were  talking.  We  were  kindly  received  and  soon 
felt  ourselves  at  home,"  Smithwick  says  that  the  stakes 
were  never  very  high  in  the  card  games,  for  actual 
money  was  scarce,  especially  small  coins.  To  meet  the 
need  of  "change,"  he  says,  it  was  not  an  unusual  thing 
to  cut  a  Mexican  silver  dollar  into  four  pieces,  thus 
providing  four  quarters,  which  passed  current  with- 
out question. 

Smithwick  tells  also  of  other  parties  among  the  men. 
"There  being  little  opportunity  for  social  intercourse 
with  the  gentler  sex,"  he  says,  "the  sterner  element 
should  not  be  too  severely  censured  if  they  sought  di- 
version of  a  lower  order.  And  if  our  stag  parties 
were  a  bit  convivial,  they  would  probably  compare 
favorably  in  that  regard  with  the  swell  club  dinners 
in  the  cities.  Godwin  B.  Gotten  was  the  host  in  many 
a  merry  bout;  love  feasts,  he  called  them.  Collecting 
a  jovial  set  of  fellows,  he  served  them  up  a  sumptuous 
supper  in  his  bachelor  apartments  at  which  every  guest 
was  expected  to  contribute  to  the  general  enjoyment 
according  to  his  ability.  Judge  Williamson  (three- 
legged  Willie)  was  one  of  the  leading  spirits  on  these 
occasions.  Having  a  natural  bent  for  the  stage,  Willie 
was  equally  at  home  conducting  a  revival  meeting  or 
a  minstrel  show,  in  which  latter  performance  his  wooden 
leg   played   an    important    part;    said   member   being 


314 A  HISTORY  OF  TEXAS 

utilized  to  beat  time  to  his  singing.  One  of  his  best 
choruses  was, 

"  'Rose,  Rose,  my  coal-black  Rose! 

I  nebber  see  a  nigger  dat  I  lub  like  Rose/ 

a  measure  admirably  adapted  to  the  banjo,  which  he 
handled  like  a  professional. 

"Some  sang,  some  told  stories  and  some  danced. 
Luke  Lesassier,  a  Louisiana  Frenchman,  and  by  the 
way  a  brilliant  lawyer,  was  our  champion  story  teller, 
with  Cotten  and  Doctor  Peebles  (Dr.  Robert  Peebles) 
worthy  competitors.  I,  being  reckoned  the  most  nimble- 
footed  man  in  the  place,  usually  paid  my  dues  in  jigs 
and  hornpipes,  'Willie'  patting  juba  for  me." 

Smithwick  gives  a  description  of  two  or  three  wed- 
dings he  attended,  which  supply  a  vivid  picture  of 
such  affairs,  which  seem  to  have  been  the  biggest  social 
events  in  the  colony.  One  of  these  was  the  marriage 
of  Nicholas  McNutt  and  Miss  Cartwright.  "There 
was  a  large  number  of  invited  guests,"  he  says,  "both 
the  families  occupying  prominent  social  positions. 
Jesse  Cartwright,  father  of  the  bride,  was  a  man  in 
comfortable  circumstances  and  himself  and  family 
people  of  good  breeding.  They  were  among  the  very 
first  of  Austin's  colonists.  .  .  .  The  bridegroom  was 
a  son  of  the  widow  McNutt,  also  among  the  early 
arrivals.  The  family,  consisting  of  mother,  two  sons 
and  three  young  daughters,  came  from  Louisiana,  where 
they  had  been  very  wealthy,  but  having  suffered  re- 
verses they  came  to  Texas  to  recoup  their  fortunes. 
Bred  up  in  luxury,  as  they  evidently  had  been,  it  was 


IN  TEXAS  TO  STAY 315 

a  rough  road  to  fortune  they  chose,  but  they  adapted 
themselves  to  the  situation  and  made  the  best  of  it. 
.  .  .  But  to  get  back  to  the  wedding.  Miss  Mary 
Allen,  daughter  of  Martin  Allen,  a  very  pretty  girl 
and  a  great  belle  by  the  way,  was  bridesmaid,  and  John 
McNutt,  brother  of  the  bridegroom,  was  groomsman. 
There  being  no  priest  in  the  vicinity,  Thomas  Duke, 
the  cbig  alcalde,'  was  summoned  from  San  Felipe.  The 
alcalde  tied  the  nuptial  knot  in  good  American  style, 
but  the  contracting  parties  had  in  addition  to  sign  a 
bond  to  avail  themselves  of  the  priest's  services  to  legal- 
ize the  marriage  at  the  earliest  opportunity. 

"The  first  and  most  important  number  on  the  pro- 
gram being  duly  carried  out,  the  next  thing  in  order 
was  the  wedding  supper,  which  was  the  best  the  market 
afforded.  That  being  disposed  of,  the  floor  was  cleared 
for  dancing.  It  mattered  not  that  the  floor  was  made 
of  puncheons.  When  young  folks  danced  those  days 
they  danced;  they  didn't  glide  around;  they  'shuffled' 
and  'double-shuffled,'  'wired'  and  'cut  the  pigeon's 
wing,'  making  the  splinters  fly.  There  were  some  of 
the  boys,  however,  who  were  not  provided  with  shoes, 
and  moccasins  were  not  adapted  to  that  kind  of  dancing 
floor,  and  moreover  they  couldn't  make  noise  enough, 
but  their  more  fortunate  brethren  were  not  at  all  selfish 
or  disposed  to  put  on  airs,  so,  when  they  had  danced 
a  turn,  they  generously  exchanged  footgear  with  the 
moccasined  contingent  and  gave  them  the  ring,  and  we 
just  literally  kicked  every  splinter  off  that  floor  before 
morning.  The  fiddle,  manipulated  by  Jesse  Thomp- 
son's man  Mose,  being  rather  too  weak  to  make  itself 
heard  above  the  din  of  clattering  feet,  we  had  in  another 


316  A  HISTORY  OF  TEXAS 


fellow  with  a  clevis  and  pin  to  strengthen  the  orchestra, 
and  we  had  a  most  enjoyable  time." 

An  incident  related  by  Smithwick  in  connection  with 
the  marriage  of  Brown  Austin,  Stephen's  brother,  and 
Miss  Westall,  illustrates  the  inconvenience  which  re- 
sulted at  times  from  the  provision  of  the  law  that  all 
marriages  must  be  performed  by  a  priest.  "Anxious 
to  show  due  respect  for  the  law  of  the  land,"  says 
Smithwick,  "Austin  had  notified  Padre  Muldoon  to  be 
on  hand;  but  the  priest's  residence  being  in  San  Antonio, 
and  the  distance  and  mode  of  travel  rendering  inter- 
course uncertain,  the  padre  failed  to  arrive  at  the 
appointed  time."  The  wedding,  therefore,  had  to  be 
delayed. 

For  several  years,  before  a  priest  was  regularly  set- 
tled in  the  colony,  the  practice  was  to  have  a  ceremony 
performed  by  the  alcalde,  the  parties  signing  a  bond 
to  obtain  the  services  of  a  priest  at  the  earliest  oppor- 
tunity. Then  when  the  priest  did  make  a  visit  to  the 
colony,  there  would  be  a  general  wedding  of  all  the 
couples  that  had  married  in  the  meantime. 

This  was  only  one  of  the  peculiar  provisions  of 
Mexican  law  to  which  the  colonists  had  to  conform. 
Another  had  to  do  with  the  trial  of  capital  offenses. 
A  man  charged  with  murder,  for  example,  could  not 
be  finally  convicted  and  sentenced  in  the  colony.  A 
hearing  was  given  the  accused  and  a  verdict  reached, 
but  a  transcript  of  the  whole  proceeding  had  to  be 
sent  to  Saltillo  for  final  disposition.  As  there  was 
no  jail  in  the  colony,  there  being  only  occasional  need 
of  one,  it  became  necessary  to  provide  special  means 
to  keep  the  prisoner  in  custody  while  the  slow  processes 


IN  TEXAS  TO  STAY  317 


of  Mexican  law  finally  disposed  of  the  case.  In  such 
cases,  the  village  blacksmith  was  mustered  into  service 
to  put  the  prisoner  in  irons,  and  some  citizen  was  hired 
to  provide  food  for  him  and  keep  him  under  guard.  In 
more  than  one  instance  this  led  to  the  escape  of  the 
prisoner. 

The  "celebrated  case"  of  the  colonial  period  had  a 
sensational  climax  because  of  this  arrangement.  A  man 
named  Early  passed  through  San  Felipe  on  his  way 
to  the  interior  of  Mexico  to  buy  mules.  He  was 
accompanied  by  a  traveling  companion,  who  had  picked 
a  casual  acquaintanceship  with  him,  and  who  gave  his 
name  as  Parker.  They  lingered  at  San  Felipe  for  a 
few  days,  and  while  there  Early  purchased  a  mustang 
from  William  Cooper,  of  Cooper  &  Cheaves,  proprietors 
of  the  "saloon  and  billiard  hall."  Riding  this  animal, 
Early  started  for  San  Antonio,  accompanied  by  Parker, 
and  that  was  the  last  time  Early  was  seen  alive. 

Some  time  after  this,  Noah  Smithwick,  who  had  been 
working  at  San  Antonio  as  a  blacksmith,  returned  to  San 
Felipe,  riding  the  identical  mustang  Cooper  had  sold  to 
Early.  Cooper  recognized  the  pony  immediately  and 
asked  Smithwick  how  he  came  into  possession  of  it. 
Smithwick  had  purchased  the  pony  from  "Mustang" 
Brown,  who  made  a  business  of  catching  and  breaking 
mustangs,  and  who  had  found  it  running  wild  with  a 
number  of  others.  Luckily  for  Smithwick,  the  transac- 
tion had  taken  place  in  the  presence  of  two  witnesses. 
Moreover,  Smithwick  and  these  two  men  had  met  Par- 
ker on  the  road  going  in  the  direction  of  San  Antonio,  but 
Early  was  not  with  him.  All  this  he  told  Cooper.  The 
question  which  naturally  arose  in  everybody's  mind  was 


318 A  HISTORY  OF  TEXAS 

what  had  become  of  Early.  It  was  known  that  he  had 
had  money  on  his  person,  for  he  expected  to  buy  a 
number  of  mules  in  Mexico.  Therefore,  suspicion 
that  Parker  had  killed  Early  and  robbed  him  soon 
became  general. 

This  suspicion  was  converted  into  a  conviction  when 
persons  returning  from  San  Antonio  reported  that  they 
had  seen  Parker  there,  and  that  he  was  gambling  and 
spending  money  freely.  But  San  Antonio  was  three 
hundred  miles  away,  and  it  began  to  look  as  though 
nothing  would  be  done.  Then  one  day,  all  unconscious 
of  the  turn  events  had  taken,  Parker  returned  to  San 
Felipe.  Smithwick's  purchase  of  the  mustang  from 
Brown  had  taken  place  after  Parker  had  met  him,  so 
the  latter  was  not  aware  that  Early's  pony  had  been 
found.  When  questioned,  he  said  that  Early  had  gone 
on  into  the  interior  of  Mexico.  Confronted  with  facts 
which  conflicted  with  his  story,  however,  he  finally 
broke  down  and  confessed  that  he  had  killed  Early, 
robbed  him  and  squandered  the  money  at  San  Antonio. 
He  had  hidden  the  body,  he  said,  in  a  hole  in  Plum 
Creek,  and  had  turned  the  mustang  loose.  A  search 
was  made  and  Early's  body  and  his  saddle,  bridle, 
blankets  and  saddlebags  were  found  at  the  point  indi- 
cated by  Parker. 

But  this  was  not  all  the  accused  man  told  in  con- 
fessing to  the  alcalde.  He  said  that  Parker  was  not 
his  real  name,  that  he  was  the  son  of  the  governor  of 
a  southern  state,  and  had  come  to  Texas  to  escape  pun- 
ishment for  a  murder  committed  there.  The  case  was 
well  known,  for,  after  exhausting  every  other  means 
of  saving  his  son  from  the  gallows,  the  governor  had 


IN  TEXAS  TO  STAY  319 

pardoned  him  and  resigned  his  office.  The  murderer 
then  fled  from  the  state  to  avoid  being  lynched.  He 
had  fallen  in  with  Early  and  came  on  to  Texas  with 
him.  After  leaving  San  Felipe  he  had  taken  the  first 
opportunity  to  kill  him. 

The  testimony  in  the  case,  in  accordance  with  the 
law,  was  transmitted  to  Saltillo,  and  in  the  meantime 
Parker  was  placed  in  irons  and  given  into  the  custody 
of  an  old  man  in  the  colony.  Before  any  return  was 
made,  Parker  apparently  became  ill,  and  finally  the 
old  man  who  had  him  in  charge  reported  that  he  had 
died,  and  forthwith  proceeded  to  prepare  the  body  for 
burial,  assisted  by  his  negro  servant.  There  was  no 
coroner,  and  the  burial  was  unattended  by  any  official 
proceeding.  "Everybody  was  satisfied,"  writes  Smith- 
wick  in  relating  the  story,  "and  the  incident  was  almost 
forgotten,  when  a  citizen  of  San  Felipe,  having  business 
in  Mobile,  Ala.,  met  and  talked  with  Parker  in  the 
flesh.  On  returning  to  San  Felipe  he  reported  the 
meeting;  the  coffin  was  exhumed  and  found  to  contain 
a  cottonwood  chunk  which,  when  green,  was  about  the 
weight  of  a  man."  According  to  Smithwick,  Parker 
had  worked  upon  the  sympathies  of  the  old  man  "with 
a  pitiful  story  of  persecution,  from  which  he  was  trying 
to  escape  to  Mexico;  of  a  quarrel  with  Early,  whom 
he  was  forced  to  kill  in  self-defense,  and  thus  prevailed 
on  his  kind-hearted  jailor  to  assist  him  in  his  escape." 

A  sequel  to  these  events  developed  years  later  when 
a  representative  of  the  American  government  wrote  to 
the  leading  newspaper  of  Parker's  native  state  that  he 
had  discovered  a  half-breed  missionary  in  Hawaii  who, 
upon  investigation,   proved   to  be   the   fugitive's  son. 


320  A  HISTORY  OF  TEXAS 

Parker  evidently  had  resumed  his  family  name  after 
leaving  Texas,  and  the  name,  being  an  unusual  one, 
attracted  the  American  official's  attention  and  led  to 
the  identification  of  the  son.  The  father  had  died  in 
Hawaii  some  years  before. 

There  was  at  least  one  other  instance  of  a  prisoner 
escaping  while  being  held  in  irons  at  San  Felipe,  but 
in  that  case  the  fugitive  was  pursued  and  killed.  The 
fact  that  despite  the  cumbrousness  of  this  arrangement 
the  colony  was  for  years  without  a  jail  throws  much 
light  on  conditions  prevailing.  The  truth  is  that  capital 
offenses  were  rare,  for  bad  characters  were  not  per- 
mitted to  remain  within  the  limits  of  the  jurisdiction 
of  Austin.  The  colonists  themselves  were  law-abiding, 
for  the  most  part,  so  that  the  need  of  a  jail  was  not 
felt.  They  were  all  engaged  at  the  task  of  establishing 
homes  for  themselves  and  of  furthering  their  own  for- 
tunes. Such  offenses  as  they  committed  were  venial 
in  character,  and  were  disposed  of  without  much  trouble. 

All  that  has  been  said  here  of  the  life  of  the  colonists 
applies  especially  to  those  under  the  jurisdiction  of 
Austin.  Much  of  it  would  apply  also  to  the  routine 
of  the  lives  of  the  colonists  in  East  Texas  under  the 
jurisdiction  of  Nacogdoches,  but  in  Nacogdoches  itself 
and  to  a  very  great  extent  in  "the  Redlands,"  between 
that  town  and  the  Sabine,  conditions  were  radically 
different.  An  ayuntamiento  was  established  at  Nacog- 
doches shortly  after  the  adoption  of  the  state  consti- 
tution, and  as  settlers  continued  to  come  into  the  country 
the  general  character  of  the  population  improved.  But 
Nacogdoches  itself  remained  the  "gamblers'  heaven," 
and  the  "Redlands"  continued  to  be  the  habitat  of  "bad 


ANTONIO   LOPEZ  DE  SANTA  ANNA. 


IN  TEXAS  TO  STAY  321 

men"  corresponding  to  the  "border  ruffians"  of  an 
earlier  date.  The  influx  of  settlers  seeking  only  a  home 
in  the  new  country  gradually  put  this  element  in  the 
minority,  but  conditions  continued  to  be  bad.  There 
was  a  jail  at  Nacogdoches,  but  the  local  administration 
still  suffered  from  the  same  influences  which  had  sur- 
rounded it  during  the  time  of  Hayden  Edwards. 
Therefore,  a  murderer  like  Parker,  where  guilt  was 
so  definitely  clear,  would  likely  be  strung  up  to  the 
nearest  tree  in  that  section,  for  it  was  the  only  way 
the  better  element  could  handle  the  criminals  who  were 
constantly  crossing  the  Sabine  from  the  United  States, 
to  say  nothing  of  the  crooks  of  various  kinds  who  made 
Nacogdoches  their  headquarters. 

The  state  government  was  not  altogether  guiltless 
of  the  situation  in  that  section,  for  it  did  not  take  a 
sufficiently  determined  course  in  dealing  with  the  ele- 
ment which  was  opposed  to  the  new  colonization 
movement,  so  far  as  it  involved  the  granting  of  valid 
titles  to  the  land  in  the  district.  Two  empresarios  who 
succeeded  to  the  Edwards  grant,  being  without  funds 
to  handle  the  business  properly,  sold  out  to  a  New  York 
company  of  speculators,  the  methods  of  which  became 
a  public  scandal.  In  consequence  the  settlers  who 
moved  into  the  district  during  the  period  following 
the  Fredonian  affair  were  still  without  legal  titles 
to  their  lands,  and  certain  parties  in  Nacogdoches 
continued  to  commit  petty  land  frauds.  It  was  an  intol- 
erable condition  to  the  honest  settlers,  who  were  soon 
in  the  majority,  but  it  was  permitted  to  go  on  un- 
remedied, a  circumstance  which  reacted  against  the 
Mexican  government  in  the  end,  for  it  gave  the  settlers 


322 A  HISTORY  OF  TEXAS  

no  reason  to  feel  any  obligation  or  sense  of  loyalty  to 
Mexico,  and  every  reason  to  desire  separation  from  that 
country. 

Austin  was  deeply  concerned  over  this  situation,  for 
he  recognized  that  it  was  the  condition  existing  in  the 
district  which  had  led  up  to  the  Fredonian  revolt,  and 
he  feared  that  if  that  condition  was  permitted  to  con- 
tinue it  might  breed  more  trouble.  He  therefore  urged 
upon  the  state  government  the  importance  of  appoint- 
ing a  land  commissioner  for  the  Nacogdoches  district, 
and  of  issuing  titles  to  the  settlers.  In  response  to  this 
the  state  government  finally  acted,  in  1829,  and  ap- 
pointed Juan  Antonio  Padilla  as  land  commissioner  and 
Thomas  Jefferson  Chambers  surveyor  general  for  the 
district.  Padilla  opened  a  land  office  in  Nacogdoches 
and  Chambers  put  a  force  of  surveyors  to  work,  includ- 
ing the  leading  surveyors  of  Austin's  colony,  and  it 
seemed  that  at  last  the  chaotic  condition  was  going  to 
be  changed. 

This  hope  was  very  short-lived,  however,  for  the 
work  had  been  hardly  started  when  Padilla  was  arrested 
by  the  local  authorities  on  a  charge  of  murder.  A 
Mexican  attached  to  Padilla's  force  was  mysteriously 
killed,  and  whether  the  authorities  really  suspected  the 
land  commissioner  or  not,  he  was  thrown  in  jail  and 
all  his  papers  were  confiscated.  He  was  kept  in  jail 
for  some  time  and  then  released  without  trial,  for  want 
of  evidence.  But  in  the  meantime  a  gang  of  land- 
grabbers  in  Nacogdoches  got  hold  of  the  supply  of 
blanks,  bearing  the  official  seal  of  the  state,  which  were 
among  Padilla's  effects,  and  proceeded  to  issue  titles 
to  eleven-league  tracts  of  land  by  the  wholesale.    These 


IN  TEXAS  TO  STAY  323 

were  sold  at  such  prices  as  they  would  bring,  and  it 
was  believed  that  some  of  them  were  sent  into  Louisi- 
ana to  be  sold  to  rich  planters.  So  the  net  result  of 
the  sending  of  a  land  commissioner  to  Nacogdoches  was 
to  create  more  confusion  in  the  district. 

Little  or  no  effect  of  this  was  felt  in  Austin's  colony, 
however,  though  Austin  himself  sought  to  bring  about 
further  action  to  clear  up  the  situation.  Good  settlers 
continued  to  come  to  San  Felipe,  and  to  increase  the 
population  of  the  communities  growing  up  within  Aus- 
tin's jurisdiction.  By  1830  it  had  grown  to  be  the 
most  prosperous  section  of  Texas,  with  a  regularly 
established  trade  with  New  Orleans  and  Natchitoches. 
Already  a  considerable  amount  of  cotton  was  shipped 
from  the  mouth  of  the  Brazos  to  New  Orleans,  and 
small  herds  of  cattle  were  driven  to  market  at  Natchi- 
toches. All  the  corn  was  consumed  in  the  colony,  but 
the  annual  crop  was  considerable,  and  a  comparatively 
large  number  of  hogs  were  produced.  A  beginning 
had  also  been  made  in  the  production  of  sugar,  tobacco 
and  indigo,  and  hides  and  pelts  formed  an  important 
part  of  the  colony's  trade.  There  were  cotton  gins  in 
all  parts  of  the  colony  by  this  time,  and  a  number  of 
grist  mills.  There  had  even  been  a  start  at  the  manu- 
facture of  dressed  boards  and  other  lumber.  Butter, 
cheese,  eggs  and  all  kinds  of  vegetables  were  produced  in 
abundance,  so  with  what  was  to  be  had  at  home,  arid 
the  commodities  obtained  from  Louisiana  in  exchange 
for  cotton,  cattle  and  other  exports,  the  colonists  had 
attained  to  a  condition  of  material  well-being  and 
economic  security  not  surpassed  in  the  older  communi- 
ties of  the  United  States. 


324 A  HISTORY  OF  TEXAS 

The  cooperative  spirit  already  referred  to  insured  a 
share  in  this  prosperity  to  practically  all  of  the  popu- 
lation. Indeed,  it  was  even  shared  by  the  slaves. 
"Some  owned  slaves,"  says  Bryan;  "no  one  many,  except 
Colonel  J.  E.  Groce.  These  were  treated  with  great 
kindness.  They  were  clothed,  fed,  attended  to  in  sick- 
ness, and  each  family  had  a  'patch5  of  land  to  cultivate, 
— their  masters  sending  the  products  of  their  labor  with 
their  own  to  market,  and  giving  them  the  proceeds, 
which  they  could  expend  as  they  pleased,  except  not 
for  liquor."  For  all,  therefore,  except  the  most  shift- 
less (and  there  were  very  few  such  within  the  juris- 
diction of  Austin)  there  existed  a  condition  of  economic 
security  that  has  seldom,  if  ever,  been  equalled  in  a 
similar  settlement. 

Moreover,  along  with  this  economic  security  also 
came  security  from  the  Indians.  There  were  some 
Indian  depredations  during  the  years  between  1825  and 
1830,  but  they  were  chiefly  in  outlying  districts,  and 
they  were  followed  by  such  prompt  chastisement  that 
the  colony  soon  became  a  great  deal  more  secure  against 
annoyance  from  the  Indians  than  was  San  Antonio 
itself*  As  a  matter  of  fact,  the  Comanches  treated 
the  authorities  at  San  Antonio  with  contempt,  and  are 
said  to  have  jestingly  referred  to  that  town  as  their 
"rancho."  In  any  event,  they  stole  horses  from  within 
the  municipal  limits  almost  whenever  they  chose  to  do 
so.  The  security  of  the  colonists  against  depredations 
from  the  Indians,  however,  became  so  marked  that  it 
planted  in  the  minds  of  some  Mexican  leaders  the  sus- 
picion that  there  was  an  understanding  between  the 
Anglo-Americans  and  the  Indians  and  against  the  Mexi- 


IN  TEXAS  TO  STAY  325 

cans.  The  truth  is,  of  course,  that  the  Indians  came 
to  appreciate  that  depredations  upon  the  Americans 
were  sooner  or  later  punished,  and  they  behaved  toward 
them  accordingly. 

The  settlers  in  DeWitt's  colony  had  more  trouble 
with  the  Indians  at  first,  because  of  their  small  num- 
ber and,  as  has  been  seen,  they  were  forced  to  abandon 
the  site  of  Gonzales.  But  by  degrees  they  reoccupied 
the  site  of  that  town  and  soon  it  became  a  flourishing 
community,  in  all  things  joined  to  the  other  Anglo- 
American  settlements,  except  that  the  colonists  were 
under  a  different  empresario.  In  1828  a  settlement 
of  Irish-Americans,  introduced  by  Empresarios  Mc- 
Mullen  and  McGloin,  was  begun  on  the  banks  of  the 
Nueces,  and  given  the  appropriate  name  of  San  Patricio. 
These  settlers  were  Catholics,  and  their  situation  was 
remote  from  that  of  Austin's  colonists,  so  that  there 
was  little  or  no  intercourse  between  them.  Their  re- 
lations were  more  directly  with  San  Antonio  than  those 
of  any  of  the  other  colonists,  but  they  were  nevertheless 
part  of  the  process  of  "Americanizing"  Texas. 

So  it  was  that  the  daring  project  which  Moses  Austin 
conceived  in  1819  had  become  a  splendid  reality  in 
ten  years.  Baron  de  Bastrop,  whose  support  of  the  pro- 
posal had  been  prompted  by  a  conviction,  as  well- 
grounded  as  Moses  Austin's,  that  it  would  succeed,  lived 
to  see  the  first  fruits  of  that  success.  He  passed  away, 
however,  just  about  the  time  constitutional  government 
was  being  established  in  the  colony  which  he  had 
assisted  in  bringing  into  being.  Had  it  not  been  for 
these  two  men,  and  for  the  untiring  labors  and  great 
faith  of  Stephen  Austin,  who  knows  what  would  have 


v. 


326  A  HISTORY  OF  TEXAS 

been  the  history  of  those  ten  years?  Even  with  the 
influx  of  Americans  and  the  consequent  favorable  eco- 
nomic effect  upon  San  Antonio  and  La  Bahia,  the 
Mexican  part  of  the  population  was  hardly  prospering. 
La  Bahia,  to  be  sure,  was  raised  to  the  dignity  of  a 
"villa,"  and  its  name  changed  to  Goliad,  but  there  can 
be  little  doubt  that  the  Mexican  hold  on  Texas  would 
have  gradually  lessened  almost  to  the  vanishing  point 
during  the  decade  between  1820  and  1830  had  it  not 
been  for  the  colonization  movement  which  had  its  birth 
when  Moses  Austin  made  his  historic  journey  to  San 
Antonio  in  1820.  Now,  however,  civilization  was 
permanently  established  in  the  Texas  wilderness.  There 
were  thousands  of  hands  to  carry  on  the  work. 
The  people  who  lived  in  mutual  helpfulness  in  these 
new  communities  had  found  their  home.  They  were 
there  to  stay,  no  matter  what  might  be  the  changes  in 
politics  or  in  government,  and  no  matter  what  course 
the  destiny  of  nations  might  take. 


CHAPTER  XVI. 

MEXICO  TAKES  ALARM. 

On  the  morning  of  July  31,  1829,  the  inhabitants 
of  the  Mexican  capital  awoke  to  hear  the  startling  news 
that  a  Spanish  army  had  landed  on  the  coast  near  Tam- 
pico  four  days  before.  It  was  like  a  thunderbolt  from 
a  blue  sky  and  great  alarm  spread  rapidly  among  all 
classes  of  the  population.  The  long-threatened  recon- 
quest  of  Mexico  was  about  to  begin!  All  sorts  of  wild 
rumors  became  current.  The  expedition  was  said  to 
be  of  sufficient  size  and  equipment  to  sweep  all  oppo- 
sition before  it  5  it  was  said  to  be  supported  by  the 
Spanish  navy,  and  that  all  ports  of  Mexico  would  be 
blockaded.  Knowing  ones  expressed  the  opinion  that 
it  probably  would  be  followed  by  other  expeditions, 
and  that  the  country  was  in  no  condition  to  put  up  a 
successful  defense.  A  feeling  of  apprehension  and 
fear  became  general. 

There  were  those,  however,  who  ridiculed  the  report 
as  groundless.  The  leading  enemies  of  Guerrero's 
regime  said  the  story  was  manufactured  to  divert  criti- 
cism of  his  administration.  Guerrero's  first  four 
months  as  president  had  not  served  to  increase  his  pres- 
tige, and  the  opposition  was  making  headway  against 
him.  A  Spanish  invasion  would  rally  all  classes,  except 
the  remaining  monarchists,  to  the  president's  support 
and,  the  wish  being  father  of  the  thought,  they  were 
reluctant  to  believe  that  such  an  event  was  intervening 

327 


328  A  HISTORY  OF  TEXAS 


to  spoil  their  plans.  The  Spaniards  and  monarchists, 
of  course,  secretly  rejoiced  and  furtively  sought  confir- 
mation of  the  report. 

The  report  was  true.  At  the  moment  that  the  news 
reached  the  capital,  the  Spanish  forces  were  marching 
toward  Tampico.  The  expedition,  consisting  of  three 
thousand  men  on  fifteen  transports,  under  the  command 
of  Gen.  Isidro  Barradas,  and  convoyed  by  a  fleet  of 
five  men  of  war,  commanded  by  Rear  Admiral  Laborde, 
had  left  Havana  on  July  6.  On  July  24  it  had  ap- 
peared off  the  Mexican  coast,  and  on  the  26th  a 
proclamation  was  sent  ashore,  calling  upon  all  the 
people  of  Mexico  to  rally  to  the  support  of  their  king, 
and  making  all  kinds  of  promises  of  reward  to  the  faith- 
ful. The  next  day  the  entire  force  was  landed,  without 
meeting  resistance,  and  the  march  toward  Tampico 
was  begun. 

These  details  reached  the  capital  in  due  time,  and 
along  with  them  also  came  the  news  that  General  Santa 
Anna  at  Vera  Cruz  had  already  begun  vigorous  prepa- 
rations to  set  forth  with  an  adequate  force  to  meet  the 
invaders.     Santa  Anna  became  the  man  of  the  hour. 

Santa  Anna,  who  was  then  governor  of  Vera  Cruz 
and  commander  of  the  forces  stationed  there,  had  in 
fact  received  word  of  the  approach  of  the  Spaniards 
as  early  as  July  16.  A  French  frigate  arrived  at  Vera 
Cruz  on  that  date  and  brought  the  first  tidings  of  the 
expedition.  Santa  Anna  immediately  mustered  the 
militia,  used  his  private  credit  to  raise  such  funds  as 
were  necessary  to  equip  it  for  a  campaign,  and  by  the 
time  the  news  of  the  invasion  had  reached  the  capital 


MEXICO  TAKES  ALARM  329 

he  was  ready  to  march.  In  consequence  of  his  prompt 
action,  Guerrero,  upon  being  informed  of  it,  appointed 
him  commander  in  chief  of  the  army  of  operations. 

Guerrero  called  congress  to  assemble  in  special  ses- 
sion to  take  the  necessary  steps  to  place  the  country  in 
a  state  of  defense,  and  it  convened  on  August  6.  Mean- 
time, however,  the  first  excitement  had  died  down  and 
little  was  heard  of  the  Spaniards.  The  invaders  were 
having  a  hard  time  of  it,  for  they  were  still  making 
their  way  toward  Tampico,  suffering  greatly  from  the 
extreme  heat  and  from  scarcity  of  water,  and  being 
tormented  to  exasperation  by  attacks  of  insects. 
Fever  broke  out  among  the  men,  and  soon  they  were 
dying  like  flies.  On  August  18  General  Barradas  and 
his  army  filed  into  Tampico  and  found  the  place  de- 
serted, the  inhabitants  having  fled.  When  the  news 
of  the  "fall  of  Tampico"  reached  congress  it  bestirred 
itself,  and  on  August  25  invested  President  Guerrero 
with  extraordinary  powers. 

Upon  landing  the  troops,  both  the  transports  and  the 
fleet  had  sailed  back  to  Havana,  in  obedience  to  orders, 
and  left  Barradas  without  protection  from  the  sea,  for 
it  was  believed  by  the  Spanish  authorities  that  a  popular 
uprising  would  welcome  the  expedition  with  open  arms. 
Finding  the  sea  open,  therefore,  Santa  Anna  dispatched 
a  force  of  cavalry  overland  and  embarked  with  one 
thousand  men  by  water  for  Tampico.  Teran,  who  had 
been  in  Texas,  was  at  Matamoros,  and  he  hastened  to 
join  Garza  in  Tamaulipas,  and  to  march  against  the 
Spaniards  from  the  north.  These  two  forces  formed 
a  junction,  and  it  is  recorded  that  they  had  "several 
bloody  encounters"  with  the  invaders.    The  truth  seems 


330 A  HISTORY  OF  TEXAS     

to  be  that  the  epidemic  of  fever  among  Barradas's  men 
rendered  it  impossible  for  him  to  show  much  fight. 
In  any  event,  on  September  11,  about  six  weeks  after 
landing,  the  Spanish  commander  surrendered  to  Santa 
Anna  on  the  banks  of  the  Panuco  river,  with  the  under- 
standing that  the  remnant  of  his  force  should  be  sent 
back  to  Havana.  The  Spanish  invasion  was  at  an  end. 
There  was  great  rejoicing,  and  the  name  of  Santa 
Anna  on  the  banks  of  the  Panuco  river,  with  the  under- 
savior  of  his  country. 

These  events  created  quite  as  much  excitement  among 
the  Anglo-American  settlers  in  Texas  as  in  any  other 
part  of  Mexico.  The  reconquest  of  Mexico  by  Spain, 
had  it  gained  any  headway  at  all,  would  have  been 
resisted  to  the  end  in  Texas,  and  the  news  of  the  sur- 
render of  the  Spaniards  was  hailed  with  enthusiasm. 
This  enthusiasm  was  changed  into  indignation  in  the 
course  of  a  few  days,  however,  when  word  was  re- 
ceived that  Guerrero,  acting  under  the  extraordinary 
powers  vested  in  him  by  congress  because  of  the 
invasion,  had  issued  an  edict  abolishing  slavery  through- 
out the  republic.  The  edict  was  unequivocal  and  pro- 
vided for  the  absolute  emancipation  of  all  slaves,  though 
it  contained  a  rather  indefinite  provision  that  the  gov- 
ernment would  reimburse  the  owners  whenever  the 
state  of  the  public  treasury  permitted  it.  Jose  Maria 
Tornel,  who  had  made  several  unsuccessful  attempts 
during  the  previous  three  years  to  get  a  law  through 
congress  abolishing  slavery,  took  advantage  of  the  situ- 
ation created  by  the  invasion,  drew  up  the  edict  himself 
and  presented  it  to  President  Guerrero  for  his  signature. 
Tornel  evidently  was  one  of  those  who  had  become 


MEXICO  TAKES  ALARM  331 

alarmed  over  the  influx  of  Americans  into  Texas,  and 
who  believed  that  the  abolition  of  slavery  would  put 
a  stop  to  it.  The  edict  undoubtedly  was  aimed  at  Texas, 
for  there  were  practically  no  slaves  in  any  other  part 
of  Mexico.  It  was  the  first  fruits  of  the  suspicion 
which  had  been  planted  in  the  minds  of  the  Mexicans 
by  the  efforts  of  the  United  States  to  acquire  Texas, 
and  by  the  Fredonian  war.  Its  purpose  was  to  reverse 
the  colonization  policy  by  indirection. 

The  idea  that  the  abolition  of  slavery  would  check 
immigration  of  Americans  to  Texas  was  not  a  new 
one.  Teran  had  expressed  this  thought  in  his  first  com- 
munication to  Victoria  from  Texas  more  than  a  year 
before,  and  it  is  not  improbable  that  there  was  a  direct 
connection  between  him  and  Tornel.  Referring  to 
the  slavery  provision  in  the  state  constitution  of  Coahuila 
and  Texas,  and  the  national  law  prohibiting  slave 
trading,  Teran  had  said:  "The  wealthy  Americans  of 
Louisiana  and  other  western  states  are  anxious  to  secure 
land  in  Texas  for  speculation,  but  they  are  restrained 
by  the  laws  prohibiting  slavery.  If  these  laws  should 
be  repealed — which  God  forbid — in  a  few  years  Texas 
would  be  a  powerful  state  which  Could  compete  in 
wealth  and  production  with  Louisiana.  The  repeal  of 
these  laws  is  a  point  toward  which  the  colonists  are 
directing  their  efforts.  They  have  already  succeeded 
in  getting  from  the  legislature  of  Coahuila  a  law  fa- 
vorable to  their  prosperity  3  the  state  government  has 
declared  that  it  will  recognize  contracts  made  with 
servants  before  coming  to  this  country,  and  the  colonists 
are  thus  assured  of  ample  labor  to  be  secured  at  a  very 
low  price  in  the  United  States."    Teran  did  not  propose 


332  A  HISTORY  OF  TEXAS 

the  abolition  of  slavery,  as  he  recognized  the  impor- 
tance of  slaves  to  the  colonists,  and  the  relation  between 
slavery  and  immigration  from  the  southern  states. 
He  had  concluded  that  something  must  be  done  to 
modify  the  colonization  policy,  however,  and  had  very 
definite  ideas  on  the  subject.  Tornel,  on  the  other  hand, 
apparently  proposed  to  deal  the  colonization  policy  a 
death  blow  by  means  of  a  stroke  of  Guerrero's  pen,  and 
whether  Guerrero  appreciated  the  full  significance  of 
his  act  or  not,  he  signed  the  edict. 

The  news  that  the  edict  had  been  issued  created  a 
sensation  in  Texas.  By  this  time  there  were  about  one 
thousand  slaves  among  the  various  Anglo-American 
settlements,  including  those  in  the  Nacogdoches  dis- 
trict, and  the  enforcement  of  the  edict  would  have 
meant  ruin  to  many  of  the  colonists.  Jared  Groce  was 
the  chief  slave-holder,  and  in  his  case  it  would  have 
meant  disaster,  for  he  had  cast  his  lot  entirely  with 
Texas,  and  was  the  largest  planter  in  the  whole  state. 
Even  if  he  removed  his  slaves  to  the  United  States,  it 
would  mean  the  abandonment  of  his  extensive  prop- 
erties in  Texas,  and  this  would  be  a  great  loss  both 
to  himself  and  to  Texas.  There  were  others  similarly 
situated,  relatively  speaking,  though  none  owning  as 
many  slaves  as  Groce.  Moreover,  the  enforcement  of 
the  edict  would  absolutely  stop  desirable  immigration 
from  the  United  States,  and  would  accordingly  affect 
the  value  of  land  and  other  property  of  everybody 
in  Texas. 

The  question  of  what  should  be  done  about  it  imme- 
diately became  the  paramount  one  in  Texas.  There 
was  much  excited  talk,  but  Austin  at  once  came  forward 


MEXICO  TAKES  ALARM  333 

and  advised  a  course  of  calmness.  "There  ought  to  be 
no  vociferous  and  visionary  excitement  or  noise  about 
this  matter,"  he  said.  "Our  course  is  a  very  plain 
one — calm,  deliberate,  dispassionate,  inflexible,  firm- 
ness ;  and  not  windy  and  ridiculous  blowing  and  wild 
threats."  He  proposed  that  the  ayuntamientos  of  Texas 
agree  to  withhold  publication  of  the  edict,  when  it 
should  arrive,  until  the  matter  could  be  taken  up  with 
the  government. 

"I  know  nothing  of  the  men  who  compose  the  Ayun- 
tamiento  of  Nacogdoches,"  he  wrote  to  John  Durst 
of  that  place,  "but  if  they  are  true  patriots  and  true 
friends  to  themselves  and  to  Texas,  they  will  not  suffer 
that  decree  to  be  published  or  circulated  in  that  munici- 
pality, and  they  will  take  the  stand  I  have  indicated 
or  some  other  that  will  preserve  the  constitution,  and  our 
constitutional  rights  from  open  and  direct  violation." 

The  stand  that  Austin  proposed  was  that  the  edict 
violated  the  federal  and  state  constitutions  by  depriv- 
ing the  owners  of  slaves  of  their  property  without 
warrant.  "What  the  people  of  Texas  have  to  do,"  he 
said,  "is  to  represent  to  the  Government,  through  the 
ayuntamientos  or  some  other  channel,  in  a  very  respect- 
ful manner,  that  agreeable  to  the  constitution  and  the 
colonization  laws,  all  their  property  is  guaranteed  to 
them  without  exceptions,  in  the  most  solemn  and  sacred 
manner.  That  they  brought  their  slave  property  into 
the  country  and  have  retained  it  here,  under  the  faith 
of  that  guarantee,  and  in  consequence  of  a  special  invi- 
tation publicly  given  to  emigrants  by  the  government 
in  the  colonization  law  to  do  so.  That  the  constitution 
of  the  state  expressly  recognizes  the  right  of  property 


334 A  HISTORY  OF  TEXAS 

in  slaves  by  allowing  six  months  after  its  publication 
for  their  introduction  into  the  state.  That  they  will 
defend  it,  and  with  it,  their  property." 

Austin  took  his  stand  firmly  on  the  constitution,  and 
the  rights  of  Mexican  citizens  under  it.  He  advised 
against  taking  any  course  that  would  be  "anything  like 
opposition  to  the  Mexican  Constitution."  "Nothing  of 
this  kind,"  he  said,  "will  do  any  good;  it  will,  in  fact, 
be  unjustifiable,  and  will  never  be  approved  by  me,  but 
on  the  contrary  opposed  most  decidedly.  I  will  not 
violate  my  duty  as  a  Mexican  citizen.  The  constitu- 
tion must  be  both  our  shield  and  our  arms;  under  it, 
and  with  it,  we  must  constitutionally  defend  ourselves 
and  our  property." 

Specifically  Austin  proposed  that  if  the  political  chief 
of  the  department  should  finally  be  compelled  to  pub- 
lish the  edict  and  circulate  it  in  Texas,  "the  ayunta- 
mientos  must  then  take  a  unanimous,  firm  and  consti- 
tutional stand.  The  people  will  unanimously  support 
them." 

"What  I  do  in  this  matter  will  be  done  openly," 
declared  Austin.  "Mexico  has  not  within  its  whole 
domain  a  man  who  would  defend  its  independence,  the 
union  of  its  territory,  and  all  its  constitutional  rights 
sooner  than  I  would,  or  be  more  ready  and  willing  to 
discharge  his  duties  as  a  Mexican  citizen;  one  of  the 
first  and  most  sacred  of  those  duties  is  to  protect  my 
constitutional  rights,  and  I  will  do  it  so  far  as  I  am 
able.  I  am  the  owner  of  one  slave  only,  an  old  decrepit 
woman,  not  worth  much,  but  in  this  matter  I  should 
feel  that  my  constitutional  rights  as  a  Mexican  were 
just  as  much  infringed  as  they  would  be  if  I  had  a 


MEXICO  TAKES  ALARM 335 

thousand;  it  is  the  principle  and  not  the  amount;  the 
latter  makes  the  violation  more  aggravated  but  not  more 
illegal  or  unconstitutional. " 

Ramon  Miisquiz,  the  political  chief  of  the  depart- 
ment, recognized  fully  that  the  enforcement  of  the 
decree  would  mean  ruin  to  the  prosperity  and  develop- 
ment of  Texas,  and  when  Austin  importuned  him  to 
hold  up  the  publication  of  the  decree  in  the  department, 
and  to  memorialize  the  president  to  exempt  Texas  from 
its  provisions,  he  readily  agreed  to  follow  this  course. 
He  addressed  a  letter  to  the  governor  of  the  state  on 
the  subject,  to  be  transmitted  to  the  president.  The 
governor,  in  forwarding  this  communication  to  Guer- 
rero, wrote  one  on  his  own  account,  pointing  out  the 
difficulties  that  would  arise  from  the  enforcement  of 
the  edict  in  Texas.  The  economic  importance  of  slaves 
as  the  only  form  of  labor  procurable  by  the  settlers  was 
urged,  and  it  was  pointed  out  that  the  Mexican  gov- 
ernment had  guaranteed  property  in  slaves  when  the 
settlers  were  invited  to  the  country.  Moreover,  the 
governor  added,  any  attempt  to  enforce  the  edict  in 
Texas  would  be  certain  to  cause  "commotions. "  He 
hastened  to  say,  however,  that  it  should  not  be  inferred 
that  the  settlers  were  of  a  turbulent  and  insubordinate 
character.  Up  to  this  time,  he  said,  he  had  received 
nothing  but  proof  to  the  contrary.  It  was  to  "the  con- 
dition of  man"  that  he  referred,  and  "the  inclinations 
of  which  he  is  capable,  when,  from  one  day  to  another, 
he  is  about  to  be  ruined,  as  would  result  to  many  of  them 
whose  whole  fortune  consists  of  their  slaves." 

It  is  a  striking  fact,  too  seldom  appreciated  by  writers 
on  the  Mexican  period  of  Texas,  that  such  insight  into 


336 A  HISTORY  OF  TEXAS 

the  local  situation  in  Texas  by  the  state  and  department 
officials  was  not  unusual.  When  all  that  can  be  said 
on  the  subject  of  the  natural  incompatibility  of  the 
Mexicarfs  and  the  Americans  is  considered,  it  still  re- 
mains true  that  very  little  of  the  trouble  between  the 
Anglo-Americans  in  Texas  and  the  Mexican  govern- 
ment originated  in  Texas  itself.  The  Mexicans  on  the 
ground  for  the  most  part  had  none  of  the  fears  with 
respect  to  the  colonization  policy  that  were  manifested 
by  leaders  from  other  sections  of  the  republic.  The 
attitude  of  the  political  chief  and  of  the  governor  on 
this  occasion  supplies  a  very  striking  illustration  of  this. 
Were  it  not  for  the  Americans  at  Washington  and  the 
Mexicans  at  Mexico  City,  there  would  not  have  been 
so  much  friction. 

The  representations  made  to  Guerrero  by  the  gover- 
nor and  the  political  chief  had  the  desired  effect. 
Under  date  of  December  2,  1829,  Guerrero  notified 
the  governor  that  the  department  of  Texas  had  been 
exempted  from  the  general  decree,  and  thus  the  episode 
ended.  But  before  the  news  of  this  action  had  reached 
Texas,  events  had  occurred  which  were  destined  to  bring 
about  a  more  serious  crisis.  Two  days  after  Guerrero 
dispatched  this  notification  to  the  governor  of  Coahuila 
and  Texas,  Anastasio  Bustamante,  the  vice-president, 
began  a  revolution  with  the  avowed  purpose  of  unseat- 
ing the  president.  He  denounced  the  dictatorial  powers 
with  which  Guerrero  had  been  invested  as  unconstitu- 
tional and  proposed  to  destroy  the  government  in  order 
to  preserve  the  constitution. 

Bustamante,  however,  cared  very  little  for  the  consti- 
tution.   He  had  surrounded  himself  with  a  cabal  strong 


R.    M.   WILLIAMSON. 

Th?-ee-Legged  Willie. 


MEXICO  TAKES  ALARM  337 

enough  to  seize  the  government  and  he  proposed  to  do  it. 
Guerrero  hastily  assembled  congress,  and  on  December 
1 1 ,  formally  tendered  the  resignation  of  his  dictatorial 
powers,  thus  hoping  to  rob  Bustamante  of  his  battle  cry. 
But  it  was  too  late.  The  ramifications  of  Bustamante's 
support  ran  through  the  whole  army,  and  Guerrero  was 
left  without  the  power  to  maintain  himself  in  office. 
Santa  Anna,  almost  alone  among  the  outstanding  lead- 
ers, declared  his  intention  to  defend  the  established  gov- 
ernment and  insisted  that  Guerrero  was  the  lawful  chief 
magistrate  of  the  nation.  He  urged  Guerrero  to  remain 
in  the  capital  while  he  proceeded  to  raise  a  force  to  put 
down  the  rebellion.  But  against  this  advice  Guerrero 
resolved  to  take  the  field  in  person,  and  with  this  object 
in  view  quitted  the  capital. 

This  was  a  fatal  error,  for  soon  he  found  himself  iso- 
lated with  only  a  small  force  of  troops  loyal  to  him. 
Bustamante  assumed  the  office  of  president  and  pro- 
ceeded to  organize  a  cabinet  on  January  7,  1830.  A 
month  later,  congress  "recognized  accomplished  facts," 
and  in  lieu  of  a  better  excuse,  formally  declared  Guer- 
rero incompetent  to  discharge  the  duties  of  the  presi- 
dency. Santa  Anna,  realizing  that  resistance  would  be 
futile,  announced  that  inasmuch  as  the  president  had 
voluntarily  abandoned  the  capital,  there  was  nothing  to 
do  but  to  recognize  his  successor.  That  wily  gentleman 
then  retired  to  his  estate,  far  from  the  tumult  of  the 
moment,  and  bided  his  time. 

The  change  of  government  meant  disaster  for  the 
colonists  in  Texas,  for  the  cabal  of  which  Bustamante 
was  the  head  was  composed  of  the  very  men  who  had 
become  most  alarmed  over  the  intentions  of  the  United 


338 A  HISTORY  OF  TEXAS 

States  with  respect  to  Texas  and  who  saw  something 
sinister  in  the  migration  of  Americans  into  Mexican 
territory.  Teran  and  Bustamante  were  bosom  friends, 
and  when  the  latter  resigned  as  commandant  of  the 
eastern  internal  states,  a  division  which  was  still  kept 
up  for  military  purposes  in  spite  of  the  federaliza- 
tion of  Mexico,  Teran  had  succeeded  him  to  that  office. 
Bustamante  was  in  thorough  accord  with  Teran  in  his 
opinions  about  Texas.  With  Bustamante  as  president 
and  Teran  as  military  commandant  over  the  territory 
which  included  Texas,  it  could  be  expected  that  trouble 
for  the  colonists  would  follow.  But  to  make  the  situa- 
tion worse,  Bustamante,  in  organizing  his  cabinet,  named 
as  his  secretary  of  foreign  relations,  the  official  who 
would  have  direct  dealings  with  the  United  States  and 
who  would  fix  the  foreign  policy  of  the  country,  the 
most  rabid  anti-American  in  public  life  in  Mexico, 
Lucas  Ignacio  Alaman. 

Alaman  was  a  Mexican  with  European  ideas.  He 
was  highly  educated,  a  centralist  in  his  point  of  view, 
anti-republican  almost  to  the  point  of  monarchism,  and 
filled  with  the  conceptions  of  statesmanship  which  pre- 
vailed in  the  Old  World.  His  ideal  statesman  was  Met- 
ternich,  and  he  had  lived  in  Europe  during  the  period 
of  the  famous  Austrian's  ascendancy.  He  had  a 
grotesque  conception  of  the  American  government,  and 
despised  the  principles  upon  which  it  was  founded.  He 
wanted  no  American  colonies  in  Mexico,  for  he  re- 
garded American  colonization  of  foreign  territory  as 
the  first  step  in  a  studied  method  of  the  United  States 
to  expand  its  national  domain.  That  such  a  man  should 
become  a  dominant  figure  in  Mexican  affairs  meant  the 


MEXICO  TAKES  ALARM 339 

undoing  of  all  of  Austin's  labors  of  the  past  decade  to 
create  a  feeling  of  confidence  among  Mexican  leaders. 
The  colonization  policy  for  which  Austin  had  been 
chiefly  responsible  was  in  danger,  for  the  men  who  had 
established  that  policy  were  now  without  power  or  in- 
fluence. 

During  the  previous  two  years  the  relations  between 
Mexico  and  the  United  States  had  not  improved.  If 
anything  they  had  gone  from  bad  to  worse.  The  treaty 
ratifying  the  boundary  of  1819  had  not  gone  into  effect 
because  the  time  limit  for  the  exchange  of  ratifications 
had  been  permitted  to  expire  without  completing  the 
exchange.  The  United  States  Senate  had  ratified  it  on 
April  28,  1828,  which  was  two  weeks  before  the  expira- 
tion of  the  time  limit,  and  while  the  Mexican  congress 
had  ratified  it  also,  various  delays  had  occurred,  and  it 
was  not  until  August  2,  1828,  that  the  Mexican  min- 
ister at  Washington  notified  the  state  department  that 
he  was  ready  to  exchange  the  ratifications.  But  inas- 
much as  the  time  limit  had  expired,  the  president  was 
without  power  to  act  unless  by  authorization  from  con- 
gress. Congress  was  not  in  session,  so  the  matter  lay 
over.  Meantime,  a  treaty  of  commerce,  negotiated  at 
the  same  time  as  the  treaty  of  boundaries,  was  pending 
before  the  Mexican  congress  without  action  because  of 
objection  to  two  clauses  dealing  with  the  surrender  of 
fugitive  slaves  and  control  of  the  Indians  on  the  border. 
When  the  American  congress  met  in  December,  Adams 
had  been  defeated  for  reelection,  and  he  decided  to 
leave  the  whole  question  for  the  new  president,  Andrew 
Jackson.  Adams's  alliance  with  Clay  had  failed  to  pro- 
duce results  in  strengthening  him  politically,  and  their 


340 A  HISTORY  OF  TEXAS 

project  of  obtaining  new  territory  south  of  the  Missouri 
Compromise  line  through  the  purchase  of  Texas  had 
come  to  naught.  Adams  received  one  electoral  vote 
less  in  1 828  than  he  had  in  1 824,  all  the  slave  states  but 
one,  Maryland,  voting  for  Jackson.  From  that  moment 
Adams  became  the  leader  of  the  anti-slavery  forces,  and 
the  uncompromising  opponent  of  the  annexation  of 
Texas.  But  the  treaty  of  boundaries  was  carried  over 
into  Jackson's  administration  as  unfinished  business. 
Jackson  was  in  no  hurry  to  complete  the  treaty  of  boun- 
daries while  the  Mexican  congress  withheld  ratification 
from  the  treaty  of  commerce.  So  the  matter  rested 
until  August,  1829,  and  when  Jackson  finally  turned  his 
attention  to  the  subject  he  did  so  by  reviving  the  proposal 
to  acquire  Texas. 

This  new  project  of  purchasing  Texas  was  born  in 
the  fertile  brain  of  Col.  Anthony  Butler,  who  had 
served  under  Jackson  at  the  battle  of  New  Orleans,  and 
who  was  among  the  president's  ardent  supporters.  But- 
ler had  settled  in  Mississippi  after  retiring  from  the 
army,  and  had  been  a  member  of  the  Mississippi  legis- 
lature. He  had  acquired  some  kind  of  interest  in  Texas 
lands,  and  when  his  former  commander  became  presi- 
dent, he  went  to  Washington  in  the  summer  of  1 829  for 
the  dual  purpose  of  seeking  a  job  and  of  interesting 
Jackson  in  Texas.  He  succeeded  in  both  aims,  for  he 
obtained  a  commission  to  go  to  Mexico  to  negotiate  the 
purchase  of  Texas. 

It  was  while  the  Spanish  army  was  on  Mexican  soil 
that  Jackson  took  up  with  his  secretary  of  state,  Martin 
Van  Buren,  the  project  of  acquiring  Texas.  On  August 
13,  1829,  Jackson  sent  a  memorandum  to  Van  Buren 


MEXICO  TAKES  ALARM  341 

directing  him  to  instruct  Poinsett  to  reopen  negotiations 
on  the  subject.  He  proposed  that  the  line  should  be 
fixed  along  the  watershed  between  the  Nueces  river  and 
the  Rio  Grande  and  that  it  should  follow  the  watershed 
between  the  Rio  Grande  and  other  streams  to  latitude 
42  north.  "Poinsett  should  be  authorized/5  wrote  Jack- 
son, "to  offer  $5,000,000  for  such  a  line,  and  propor- 
tionately smaller  amounts  for  less  advantageous  boun- 
daries." On  the  two  following  days  he  sent  supple- 
mentary memoranda  to  Van  Buren,  one  saying  that  un- 
completed grants  in  Texas  to  individuals  should  be  rec- 
ognized, and  the  other,  evidently  written  in  the  light  of 
the  news  of  the  Spanish  invasion,  urging  that  the  pres- 
ent moment  was  the  proper  one  to  make  the  attempt  to 
acquire  Texas  and  thus  cement  the  relations  between 
Mexico  and  the  United  States.  On  August  25  Van 
Buren  carried  these  suggestions  into  effect  by  preparing 
instructions  to  Poinsett  on  the  subject  and  confiding 
them  to  Butler  who  was  to  take  them  to  Mexico  by  way 
of  Texas. 

Meantime,  a  newspaper  campaign  to  prepare  the  pub- 
lic mind  for  the  purchase  was  begun.  On  August  1 8, 
within  a  week  after  Jackson  had  penned  his  first  memo- 
randum to  Van  Buren,  the  Nashville  Republican  and 
Gazette  printed  a  long  article  on  the  advantages  that 
the  acquisition  of  Texas  would  offer,  and  during  the 
next  two  months  similar  articles  appeared  in  other 
newspapers  in  different  parts  of  the  country.  It  was  not 
disclosed,  however,  that  the  president  contemplated  such 
a  purchase.  Butler,  who  was  delayed  by  illness  on  his 
way  to  Texas,  wrote  Jackson  that  he  feared  these  arti- 
cles were  doing  harm,  and  anybody  acquainted  with  the 


342 A  HISTORY  OF  TEXAS 

temper  of  the  Mexicans  on  the  subject  would  have  been 
certain  of  it.  There  can  be  little  doubt  that  the  Mexican 
minister  at  Washington  transmitted  copies  of  all  such 
articles  to  his  government. 

Little  opposition  to  the  proposal  seems  to  have  been 
expressed  in  the  American  newspapers.  Rives,  from 
whose  work  most  of  the  information  with  respect  to  this 
episode  is  gleaned,  finds  one  publication,  however,  that 
voiced  a  protest.  The  Genius  of  Universal  Emancipa- 
tiony  edited  by  William  Lloyd  Garrison  and  Benjamin 
Lundy,  without  any  knowledge  of  Jackson's  intentions, 
branded  the  project  as  a  scheme  of  the  advocates  of 
slavery  to  add  "five  or  six  more  slave-holding  states  to 
this  union."  "A  greater  curse  could  scarcely  befall  our 
country,"  it  declared,  "than  the  annexation  of  that  im- 
mense territory  to  this  republic,  if  the  system  of  slavery 
should  likewise  be  reestablished  there."  The  editor  evi- 
dently was  under  the  impression  that  slavery  did  not 
exist  in  Texas. 

While  these  plans  were  being  laid  in  Washington, 
Poinsett  was  having  a  rather  unpleasant  time  of  it  in 
Mexico.  He  was  making  no  progress  toward  getting 
the  treaty  of  commerce  ratified,  and  attributed  his  fail- 
ure to  the  growing  anti-American  feeling  among  the 
Mexicans.  Butler  had  scarcely  left  Washington,  when  a 
letter  from  Poinsett  was  received  expressing  despair  of 
ever  seeing  accomplished  the  very  project  Jackson  was 
contemplating.  "I  am  still  convinced,"  he  wrote,  "that 
we  never  can  expect  to  extend  our  boundary  south  of  the 
Sabine  without  quarreling  with  these  people  and  driv- 
ing them  to  court  a  more  strict  alliance  with  some 
European  power." 


MEXICO  TAKES  ALARM  343 

Jackson  did  not  wish  to  recall  Poinsett,  for  the  latter 
had  supported  him  for  the  presidency  while  a  member 
of  the  house  of  representatives  from  South  Carolina  in 
1 824.  But  he  did  think  it  would  be  better  to  leave  the 
whole  negotiation  in  the  hands  of  Butler,  who  expressed 
absolute  confidence  of  success,  and  so  he  now  had  Van 
Buren  prepare  instructions  for  Poinsett  to  return  to  the 
United  States  on  leave,  turning  matters  over  to  Butler 
as  charge  d'affaires.  Van  Buren  expressed  the  opinion 
that  Butler  possessed  "qualifications  peculiarly  adapted 
to  the  station,"  but  on  this  point  a  passage  from  Rives 
will  suffice.     He  says: 

"Butler  in  later  years  quarrelled  with  Jackson,  who 
declared  he  was  a  scamp  and  a  liar.  He  quarrelled  with 
Wilcocks,  the  American  consul  in  the  City  of  Mexico, 
who  charged  him  with  all  sorts  of  immorality.  And  he 
quarrelled  with  Sam  Houston,  who  asserted  that  he  had 
squandered  his  wife's  property,  and  then  abandoned 
her 3  that  he  was  a  gambler 5  that  he  was  not  a  citizen 
of  Mississippi,  but  a  resident  of  Texas,  in  1829;  and 
that  altogether  he  was  a  much  worse  man  than  anybody 
else  whom  Houston  knew. 

"John  Quincy  Adams,  who  examined  Butler's  dis- 
patches on  file  in  the  state  department,  declared  that  his 
looseness  of  moral  principle  and  political  profligacy  were 
disclosed  in  several  of  his  letters,  and  his  vanity  and 
self-sufficiency  in  others.  This  statement  is  fully  war- 
ranted. Some  of  Butler's  correspondence  is  insolent  and 
even  scurrilous  in  tone;  and  all  of  it  betrays  the  author 
as  vain,  ignorant,  ill-tempered,  and  corrupt.  A  man 
more  unfit  to  deal  with  the  punctilious,  well-mannered, 
sensitive  people  who  controlled  the  Mexican  govern- 


344  A  HISTORY  OF  TEXAS 


ment,  or  to  attempt  the  delicate  task  of  restoring  confi- 
dence in  the  objects  and  purposes  of  the  American  gov- 
ernment, could  scarcely  have  been  found." 

Such  was  the  man  who  was  being  sent  to  succeed 
Poinsett,  who,  with  all  his  faults,  was  a  gentleman  and 
possessed  of  qualities  which  made  him  socially  popular 
in  Mexico,  and  such  was  the  "diplomat"  who  was  com- 
missioned to  represent  the  United  States  of  America  in 
dealing  with  the  able  and  scholarly  Mexican  secretary 
of  foreign  relations,  Lucas  Ignacio  Alaman. 

Before  the  instructions  to  Poinsett  had  been  dis- 
patched from  Washington  to  overtake  Butler,  however, 
news  arrived  that  Poinsett's  situation  in  Mexico  had 
reached  a  climax.  The  popular  demand  for  his  expul- 
sion had  continued  to  grow,  and  finally  Guerrero  had 
yielded  to  the  extent  of  requesting  the  American  gov- 
ernment to  recall  him.  The  Mexican  minister  at  Wash- 
ington presented  the  request  on  October  16,  and  Jack- 
son complied  with  it,  changing  the  instructions  to  Poin- 
sett accordingly. 

Butler  proceeded  to  Mexico  City  through  Texas  and 
stopped  at  San  Antonio  on  the  way.  He  could  not  keep 
his  "big  secret"  to  himself,  and  seems  to  have  boasted 
of  his  mission  to  persons  there,  who,  in  due  course,  passed 
the  information  on  to  the  political  chief,  Ramon  Miis- 
quiz.  "When  Mr.  Butler,  charge  d'affaires  from 
Washington  City  to  our  government,  passed  through 
this  city  in  the  year  1829,"  Musquiz  wrote  three  years 
later,  "he  avowed  to  some  here,  but  confidentially,  that 
the  object  of  his  mission  to  Mexico  was  the  purchase  of 


MEXICO  TAKES  ALARM 345 

Texas."  In  any  event,  the  object  of  his  mission  was 
currently  known  in  Mexico  City  by  the  time  he  arrived 
there. 

Poinsett  received  word  of  his  recall  before  Butler's 
arrival  and,  without  waiting  for  him,  he  called  upon 
Guerrero  and  requested  that  a  day  be  fixed  for  his  formal 
leave-taking.  This  was  on  December  15,  and  Busta- 
mante's  revolt  was  already  in  progress.  Guerrero  had 
his  hands  full  elsewhere,  and  Poinsett  had  to  wait.  But- 
ler arrived  on  December  19,  in  the  midst  of  the  confu- 
sion attendant  upon  the  violent  change  of  administra- 
tion, and  on  Christmas  day  Poinsett  presented  his  letter 
of  recall  to  the  new  administration.  He  turned  the  af- 
fairs of  his  office  over  to  Butler  and  returned  home. 

Butler  had  been  installed  only  a  few  days  when  the 
newspapers  of  Mexico  City  printed  articles  declaring 
that  the  object  of  his  mission  was  to  purchase  Texas  for 
five  million  dollars.  Rives  quotes  El  Soly  the  organ  of 
the  Bustamante  party,  as  expressing  editorially  the  opin- 
ion that  as  Butler  had  so  far  made  no  overtures  on  the 
subject,  "we  presume  that  he  does  the  new  administra- 
tion the  justice  to  suppose  it  incapable  of  a  transaction 
as  prejudicial  and  degrading  to  the  republic  as  it  would 
be  disgraceful  to  the  minister  who  would  subscribe  to  it." 

That  was  a  fair  reflection  of  the  Mexican  attitude  on 
the  matter,  but  Butler  had  his  own  opinion  about  the 
chances  of  success.  For  his  plan  was  nothing  short  of 
that  of  bribing  his  way  to  the  accomplishment  of  his 
object.  President  Jackson,  let  it  be  said,  very  probably 
had  no  knowledge  of  this  circumstance  at  first,  and 
when  Butler  openly  proposed  it  later  Jackson  promptly 
and  indignantly  rejected  the  suggestion.    Jackson's  own 


346    A  HISTORY  OF  TEXAS 

point  of  view  as  to  the  best  arguments  to  be  put  forward 
to  induce  Mexico  to  part  with  Texas  was  expressed  in 
a  private  letter  to  Butler,  dated  October  19,  1829. 

"I  have  full  confidence,"  wrote  Jackson,  "you  will 
effect  the  purchase  of  Texas,  so  important  for  the  per- 
petuation of  that  harmony  and  peace  between  us  and 
the  Republic  of  Mexico,  so  desirable  to  them  and  to 
us  to  be  maintained  forever,  and  if  not  obtained,  is  sure 
to  bring  us  into  conflict,  owing  to  their  jealousy  and  the 
dissatisfaction  of  those  Americans  now  settling  in  Texas 
under  the  authority  of  Mexico — who  will  declare  them- 
selves independent  of  Mexico  the  moment  they  acquire 
sufficient  numbers.  This  our  government  will  be 
charged  with  fomenting,  although  all  our  constitutional 
powers  will  be  exercised  to  prevent.  You  will  keep  this 
steadily  in  view,  and  their  own  safety,  if  it  is  considered, 
will  induce  them  to  yield  now  in  the  present  reduced 
state  of  their  finances." 

This  letter  illustrates  strikingly  the  maze  of  misun- 
derstanding and  confusion  which  was  being  created  to 
the  embarrassment  of  the  colonists  in  Texas.  The  view 
expressed  by  Jackson  was  precisely  the  view  held  by 
Alaman.  Both  believed  the  Americans  in  Texas  would 
not  remain  loyal  to  Mexico,  but  would  seize  the  first 
opportunity  to  declare  Texas  independent.  Jackson  be- 
lieved that  Mexico  ought  to  be  willing  to  part  with 
Texas  in  order  to  avoid  such  a  development.  Alaman 
had  no  idea  of  parting  with  Texas,  nor  had  any  other 
Mexican  of  prominence,  but  he  shared  Jackson's  views 
with  respect  to  the  danger  of  the  colonization  policy. 
Moreover,  this  view  was  also  being  urged  by  the  British 
minister,  in  furtherance  of  British  influence  in  Mexico. 


MEXICO  TAKES  ALARM 347 

Butler,  therefore,  would  not  find  it  difficult  to  convince 
Alaman  that  the  colonists  would  "declare  themselves 
independent  of  Mexico  the  moment  they  acquire  suf- 
ficient numbers."  But  Alaman  had  another  remedy  for 
that  situation.  Instead  of  selling  Texas,  he  proposed  to 
checkmate  the  supposed  plans  of  the  United  States  to 
get  possession  of  that  territory  through  colonization  and 
subsequent  revolution  in  a  very  different  way.  He  pro- 
posed to  stop  the  migration  of  Americans  to  Texas  and 
to  take  proper  steps  to  control  those  already  there. 

Nothing  had  happened  in  Texas  to  justify  either  the. 
opinion  of  Jackson  or  that  of  Alaman,  and  the  colonists 
had  given  no  ground  for  the  fear  which  the  leaders  of 
the  new  government  felt  with  respect  to  them  nor  to 
warrant  the  course  which  Alaman  contemplated.  In-* 
deed,  almost  at  the  very  moment  that  Jackson  was  writ-* 
ing  this  letter  to  Butler,  the  governor  of  Coahuila  and 
Texas  was  writing  to  President  Guerrero  that  he  did 
not  wish  it  to  be  inferred  that  "these  settlers  are  of  a 
turbulent  and  insubordinate  character,  for  up  to  this 
time  I  have  received  nothing  but  proof  to  the  contrary." 
And  about  the  same  time  Austin  was  writing  to  John 
Durst  of  Nacogdoches  and  declaring,  "Mexico  has  not 
within  its  whole  dominions  a  man  who  would  defend 
its  independence,  the  union  of  its  territory,  and  all  its 
constitutional  rights  sooner  than  I  would."  The  only 
disturbance  which  had  taken  place  in  Texas  since  the 
inauguration  of  the  colonization  policy  had  been  the 
Fredonian  war,  and  far  from  indicating  any  tendency 
toward  insubordination  on  the  part  of  the  colonists,  that 
event  had  demonstrated  their  loyalty  to  Mexico.  As 
William  H.  Wharton  pointed  out,  in  a  document  pro- 


348 A  HISTORY  OF  TEXAS 

testing  against  such  opinions  as  to  the  intentions  of  the 
colonists,  when  it  is  considered  by  whom  those  disturb- 
ances were  originated  and  by  whom  quieted,  instead  of 
exciting  the  suspicion  of  the  government  "that  affair 
should  confirm  its  confidence  in  their  patriotism."  The 
movement,  Wharton  said,  was  inaugurated  by  "fifteen 
or  twenty  infatuated  individuals"  and  was  opposed  by 
ninety-nine  hundredths  of  the  settlers.  And,  with  the 
exception  of  the  Fredonian  war,  there  had  been  no  dis- 
turbance in  Texas  at  all. 

John  Austin  truly  represented  the  situation  when  in 
1832  he  wrote  as  follows:  "The  enemies  of  Texas,  the 
enemies  of  the  enterprising  men  who  have  devoted  their 
time  and  labors  to  improve  a  country  that  was  never 
before  trod  by  civilized  men,  have  taken  pains  and  are 
continually  doing  it,  to  attribute  to  us  a  disposition  to 
separate  from  the  Mexican  confederation.  We  have 
not  entertained  and  have  not  any  such  intention  or  desire. 
We  are  Mexicans  by  adoption,  we  are  the  same  in  hearts 
and  will  so  remain." 

This  was  the  situation  in  Texas.  But  in  spite  of  it  the 
new  government  was  preparing  to  adopt  a  course  based 
on  a  very  different  conception.  Bustamante  in  the 
president's  chair,  Alaman  as  the  secretary  of  foreign 
relations,  Teran  as  commandant  of  the  eastern  internal 
states — all  these  were  convinced  that  the  United 
States  wanted  Texas  so  intensely  that  it  was  fostering 
immigration  of  Americans  as  a  first  step  toward  seizing 
the  territory,  and  they  would  act  on  that  conviction. 
The  American  government,  on  the  other  hand,  through 
its  representative,  Butler,  at  Mexico  City,  was  following 
a  course  calculated  to  confirm  this  belief.    Bustamante, 


MEXICO  TAKES  ALARM  349 

Alaman  and  Teran  felt  that  something  must  be  done  to 
avert  the  calamity  that  would  certainly  result  from  a 
continuance  of  the  colonization  of  Texas  by  Americans. 
All  three  believed  that  the  loss  of  Texas  was  impending. 
"He  who  consents  to,  or  does  not  oppose  the  loss  of 
Texas,"  wrote  Teran,  "is  an  execrable  traitor!"  So  one 
of  the  first  objects  toward  which  the  new  government 
directed  its  efforts  was  that  of  "safeguarding"  Texas. 


CHAPTER  XVII. 

THE   FIRST  STEP   BACKWARD. 

"Either  the  government  occupies  Texas  now,  or  it  is 
lost  forever,  for  there  can  be  no  possibility  of  a  recon- 
quest  when  our  base  of  operations  would  be  three  hun- 
dred leagues  distant,  while  our  enemies  would  be 
carrying  on  the  struggle  close  to  their  base  and  in  pos- 
session of  the  sea." 

Such  was  the  declaration  of  Teran  in  urging  upon  the 
new  government  the  importance  of  immediate  action 
with  respect  to  Texas.  As  soon  as  his  friend  Bustamante 
was  in  control,  Teran  submitted  a  detailed  plan  for 
dealing  with  the  situation  as  he  conceived  it  to  exist. 
He  sent  his  aide,  Lieut.  Constantine  Tarnava,  to  the 
capital  to  lay  this  plan  before  Bustamante,  recommend- 
ing that  it  be  put  into  operation  without  delay. 

Teran's  program  was  divided  into  two  sets  of  meas- 
ures, military  and  political.  The  military  measures  he 
proposed  were  as  follows: 

1.  The  removal  to  the  Nueces  of  several  companies 
now  on  the  Rio  Grande. 

2.  The  establishment  of  a  strong  and  permanent  gar- 
rison at  the  main  crossing  of  the  Brazos  river,  that  there 
may  be  an  intermediate  force  in  the  unsettled  region 
separating  Nacogdoches  and  Bexar. 

3.  The  reinforcement  of  the  existing  garrisons  by 
filling  the  quota  of  infantry  properly  belonging  to  them. 

4.  The  occupation  and  fortification  of  some  point 

351 


352  A  HISTORY  OF  TEXAS 

above  Galveston  bay,  and  another  at  the  mouth  of  the 
Brazos,  for  the  purpose  of  controlling  the  colonies. 

5.  The  organization  of  a  mobile  force  equipped  for 
sudden  and  rapid  marches  to  a  threatened  point. 

6.  The  establishment  of  communications  by  sea  be- 
tween other  Mexican  ports  and  Texas. 

The  political  measures  consisted  of  the  following: 

1.  The  transportation  of  Mexican  convicts  to  Texas, 
where  they  should  serve  their  sentence  and  then  settle. 

2.  The  encouragement  by  all  legitimate  means  of  the 
migration  of  Mexican  families  to  Texas. 

3.  The  colonization  of  Texas  with  Swiss  and  German 
colonists,  whose  language  and  customs,  being  different 
from  those  of  the  people  of  the  United  States,  would 
make  less  dangerous  the  proximity  of  the  latter. 

4.  The  encouragement  of  coastwise  trade,  as  the  only 
means  of  establishing  close  relations  between  Texas  and 
the  other  parts  of  the  republic,  to  the  end  that  the  de- 
partment of  Texas,  so  North  American  in  spirit,  might 
be  nationalized. 

Teran  urged  especially  the  importance  of  colonization 
of  Texas  by  Mexicans.  "It  is  a  fact,"  he  said,  "that 
Mexicans  are  little  disposed  to  enterprises  of  this  nature, 
but  it  is  also  a  fact  that  the  state  governments  have  made 
no  attempts  in  this  direction.  Whatever  obstacles  may 
be  encountered  must  be  overcome,  for  these  measures  in- 
volve the  safety  of  the  nation  and  the  integrity  of  our 
territory.  To  stimulate  this  settlement  of  Mexican 
families  the  government  should  create  a  loan  fund  for 
the  assistance  of  poor  laborers,  for  the  purpose  of  sup- 
plying them  with  agricultural  implements,  etc.  It  might 
perhaps  be   possible   for  the   government  to   promote 


DAVID  G.  BURNET. 


THE  FIRST  STEP  BACKWARD  353 

among  Mexican  capitalists  some  kind  of  an  association 
for  the  development  of  these  lands  in  Texas."  In  order 
to  overcome  the  disadvantage  Mexican  settlers  would  be 
under  because  of  the  lack  of  slave  labor,  he  proposed  that 
the  government  should  offer  cash  prizes  to  those  who 
distinguished  themselves  in  the  production  of  agricul- 
tural products. 

In  emphasizing  the  need  of  coastwise  trade,  he 
pointed  out  that  this  might  be  made  advantageous  to  the 
colonists.  Their  trade  was  exclusively  with  New  Or- 
leans, and  they  were  required  to  pay  duty  on  their  cotton 
and  other  exports,  whereas  they  would  escape  these 
charges  if  they  could  ship  to  Tampico  or  Vera  Cruz  for 
the  European  trade. 

Sharing  Teran's  convictions  that  these  measures  in- 
volved the  safety  of  the  nation  and  the  integrity  of 
Mexican  territory,  Bustamante  and  Alaman  lost  no  time 
in  bringing  them  to  the  attention  of  congress.  As  the 
policy  they  involved  was  inspired  entirely  by  fear  of  the 
United  States  and  the  conviction  that  the  American 
government  was  determined  to  acquire  Texas  by  fair 
means  or  foul,  the  duty  of  presenting  the  matter  was 
allotted  to  Alaman,  the  secretary  of  foreign  relations. 
Accordingly,  on  February  8  Alaman  submitted  it  to 
congress  in  the  form  of  a  report  on  the  evident  purpose 
of  the  United  States  to  possess  Texas,  together  with  rec- 
ommendations as  to  the  proper  means  of  circumventing 
that  purpose.  He  embodied  the  measures  suggested  by 
Teran,  and  added  a  few  of  his  own,  the  latter  being  of 
more  far-reaching  and  radical  character.  The  report 
set  forth  that  the  United  States  was  pursuing  with  re- 


354 A  HISTORY  OF  TEXAS  

spect  to  Texas  a  well-defined  policy,  such  as  had  been 
followed  in  the  case  of  the  Floridas  and  of  Louisiana. 

"The  United  States  of  the  North/5  said  Alaman, 
"have  been  going  on  successfully  acquiring,  without 
awakening  public  attention,  all  the  territories  adjoining 
theirs.  .  .  .  They  begin  by  introducing  themselves  into 
the  territory  which  they  covet,  upon  pretense  of  com- 
mercial negotiations,  or  of  the  establishment  of  colonies, 
with  or  without  the  assent  of  the  government  to  which 
it  belongs.  These  colonies  grow,  multiply,  become  the 
predominant  party  of  the  population ;  and  as  soon  as  a 
support  is  found  in  this  manner,  they  begin  to  set  up 
rights  which  it  is  impossible  to  sustain  in  a  serious  dis- 
cussion, and  to  bring  forward  ridiculous  pretensions, 
founded  upon  historical  facts  which  are  admitted  by 
nobody.  .  .  .  These  extravagant  opinions  are,  for  the 
first  time,  presented  to  the  world  by  unknown  writers , 
and  the  labor  which  is  employed  by  others,  in  offering 
proofs  and  reasonings,  is  spent  by  them  in  repetitions 
and  multiplied  allegations,  for  the  purpose  of  drawing 
the  attention  of  their  fellow-citizens,  not  upon  the  jus- 
tice of  the  proposition,  but  upon  the  advantages  and 
interests  to  be  obtained  or  subserved  by  their  admission. 

"Their  machinations  in  the  country  they  wish  to 
acquire  are  then  brought  to  light  by  the  appearance  of 
explorers,  some  of  whom  settle  on  the  soil,  alleging  that 
their  presence  does  not  affect  the  question  of  the  right 
of  sovereignty  or  possession  of  the  land.  These  pioneers 
excite,  by  degrees,  movements  which  disturb  the  polit- 
ical state  of  the  country  in  dispute,  and  then  follow  dis- 
content and  dissatisfaction,  calculated  to  tire  the  patience 
of  the  legitimate  owner,  and  to  diminish  the  usefulness 


THE  FIRST  STEP  BACKWARD 355 

of  the  administration  and  of  the  exercise  of  authority. 
When  things  have  come  to  this  pass,  which  is  precisely 
the  present  state  of  things  in  Texas,  the  diplomatic  in- 
trigue begins.  The  inquietude  they  have  excited  in  the 
territory  in  dispute,  the  interests  of  the  colonists  therein 
established,  the  insurrection  of  adventurers,  and  savages 
instigated  by  them,  and  the  pertinacity  with  which  the 
opinion  is  set  up  as  to  their  right  of  possession,  become 
the  subject  of  notes,  full  of  expression  of  justice  and 
moderation,  until,  with  the  aid  of  other  incidents,  which 
are  never  wanting  in  the  course  of  diplomatic  relations, 
the  desired  end  is  attained  of  concluding  an  arrangement 
as  onerous  for  one  party  as  it  is  advantageous  to  the 
other. 

"Sometimes  more  direct  means  are  resorted  to;  and 
taking  advantage  of  the  enfeebled  state,  or  domestic  dif- 
ficulties, of  the  possessor  of  the  soil,  they  proceed 
upon  the  most  extraordinary  pretexts  to  make  themselves 
masters  of  the  country,  as  was  the  case  in  the  Floridas; 
leaving  the  question  to  be  decided  afterwards  as  to  the 
legality  of  the  possession,  which  force  alone  could  take 
from  them.  This  conduct  has  given  them  the  immense 
extent  of  country  they  occupy,  and  which  they  have 
acquired  since  their  separation  from  England;  and  this 
is  what  they  have  set  on  foot  with  respect  to  Texas." 

This  grotesque  distortion  of  history  and  gross  mis- 
representation of  conditions  in  Texas  was  sufficiently 
plausible  to  obtain  general  acceptance  among  the  mem- 
bers of  the  Mexican  congress.  It  was  not  a  true  picture 
either  of  what  had  happened  with  respect  to  Louisiana 
and  the  Floridas,  or  of  what  was  happening  with  respect 
to  Texas.    Such  Anglo-Americans  as  had  settled  in  the 


356  A  HISTORY  OF  TEXAS 

Spanish  province  of  Louisiana  had  caused  no  disturb- 
ances nor  was  their  settlement  remotely  connected  with 
the  transfer  of  Louisiana  to  the  United  States.  No 
claims,  whether  through  "unknown  writers"  or  others, 
based  upon  manufactured  historical  facts  or  upon  any- 
thing else,  were  set  up  as  to  Louisiana.  Spain  had  lost 
Louisiana  by  transferring  it  to  Napoleon,  an  act  with 
which  the  United  States  had  nothing  to  do,  and  Jeffer- 
son proposed  to  buy  only  the  east  bank  of  the  Mississippi 
near  the  river's  mouth,  in  order  to  avoid  trouble  with 
France  over  the  navigation  of  that  river.  The  offer  was 
of  outright  purchase,  and  there  was  no  pretension  that 
any  American  claim  to  the  territory  existed.  It  was 
Napoleon  himself  who  proposed  to  sell  the  whole  of 
Louisiana,  and  he  refused  to  sell  less  than  the  whole.  So 
there  was  not  the  remotest  justification  for  Alaman's  cit- 
ing of  the  case  of  Louisiana. 

Whatever  may  be  said  about  the  case  of  the  Floridas, 
certainly  it  bore  no  resemblance  to  the  case  of  Texas. 
The  settlers  in  West  Florida  were  the  remnant  of  the 
English  occupation  of  that  territory,  and  quite  other 
reasons  than  that  of  acquiring  territory  induced  Madison 
to  occupy  it  after  the  inhabitants  had  declared  them- 
selves independent.  The  troubles  in  Florida  proper  were 
due  to  the  absolute  helplessness  of  Spain  and  her  entire 
lack  of  power  to  exercise  even  the  slightest  control  over 
the  Indians  who  made  raids  upon  the  American  settlers 
across  the  border.  None  of  these  cases,  therefore,  could 
be  said  to  correspond  to  the  description  given  by  Alaman. 

But  Texas  resembled  neither  the  case  of  Louisiana 
and  the  Floridas  nor  Alaman's  description.  In  Loui- 
siana there  had  been  the  same  colonization  policy,  to  be 


THE  FIRST  STEP  BACKWARD  357 

sure,  but  no  empresario  had  achieved  the  success  in  that 
province  which  Austin  had  achieved  in  Texas.  The 
nearest  approach  to  it  was  Colonel  Morgan's  settlement 
of  New  Madrid,  but  that  project  was  not  to  be  com- 
pared with  Austin's  colony  in  importance.  Moses  Aus- 
tin's colony  at  "Mine  A  Burton"  was  merely  the  adjunct 
of  his  lead  industry,  and  possessed  none  of  the  civil 
significance  of  his  son's  colony  in  Texas.  But  even  if  a 
resemblance  were  admitted,  the  Spanish  authorities 
never  had  occasion  to  complain  about  any  trouble  caused 
by  these  settlers,  and  certainly  no  reason  to  fear  that 
their  presence  on  Spanish  soil  was  a  menace  to  Spanish 
sovereignty  over  the  territory.  In  the  Floridas  there 
had  been  nothing  resembling  the  colonization  of  Texas. 
As  a  matter  of  fact  what  had  happened  in  Texas  was 
unique.  Austin  and  the  Anglo-American  colonists  had 
gone  into  a  complete  wilderness  under  the  authority  of 
the  government  having  jurisdiction  over  it,  had  estab- 
lished civilized  communities,  set  up  orderly  government 
and  finally  had  become  an  integral  part  of  the  Mexican 
nation  itself.  They  had  given  the  supreme  evidence  of 
their  loyalty  in  defending  the  nation  against  a  rebellion 
fostered  by  men  of  their  own  nationality.  Alaman's 
report  was  indeed  a  grotesque  distortion  of  history  and 
a  gross  misrepresentation  of  conditions  in  Texas. 

Alaman  sought  to  make  out  a  case  in  support  of  the 
contention  that  conditions  in  Texas  itself  were  such  as  to 
fit  into  his  general  thesis.  Already,  he  pointed  out,  a 
majority  of  the  inhabitants  of  Texas  were  Anglo-Amer- 
icans. In  spite  of  the  law  prohibiting  the  settlement  of 
foreigners  within  twenty  leagues  of  the  border  and  ten 
leagues  of  the  coast,  Americans  already  occupied  that 


358  A  HISTORY  OF  TEXAS       

territory,  he  said.  The  law  of  July  13,  1824,  required 
colonists  to  emancipate  their  slaves,  he  contended,  but 
the  colonists  paid  no  attention  to  it;  they  still  retained 
their  slaves,  and  slaves  continued  to  be  introduced  into 
Texas.  The  state  government,  he  declared,  was  very 
lax  in  this  matter.  The  provision  of  the  colonization 
law  that  all  colonists  should  be  Catholics  had  been  dis- 
regarded altogether  -y  not  one  of  the  colonists,  he 
charged,  was  a  Catholic.  And  finally  he  pointed  out 
that  such  was  the  power  of  the  colonists  already  to  com- 
pel the  government  to  grant  them  privileges,  that 
President  Guerrero  had  had  no  choice  but  to  exempt 
Texas  from  his  decree  abolishing  slavery  because  the 
government  was  without  the  necessary  military  force 
in  the  department  to  enforce  it. 

If  all  of  this  had  been  the  precise  truth,  it  would  not 
show  the  slightest  disposition  on  the  part  of  the  colonists 
toward  separation  from  Mexico,  nor  would  it  bolster  up 
Alaman's  main  thesis  that  the  migration  of  Americans 
to  Texas  was  part  of  a  scheme  of  the  United  States  gov- 
ernment to  get  possession  of  the  territory.  There  was, 
of  course,  no  connection  between  the  United  States  gov- 
ernment and  the  colonization  of  Texas.  The  coloniza- 
tion movement  was  the  result  of  the  labors  of  Stephen 
Austin  and  the  policy  of  the  Mexican  government.  The 
federal  and  state  governments  had  invited  Americans 
to  Texas,  and  if  already  the  majority  of  the  population 
was  American,  it  was  an  evidence  of  the  success  of  the 
government's  policy.  The  presence  of  Americans  on  the 
reserve  tracts  on  the  border  and  the  coast  could  have 
been  remedied  by  enforcing  the  law,  and  most  of  the 
colonists  in  Texas  would  have  supported  the  government 


THE  FIRST  STEP  BACKWARD  359 

in  this  move.  Besides,  that  part  of  the  reserve  ground 
on  the  coast  between  the  Lavaca  and  the  San  Jacinto  had 
been  thrown  open  for  colonization  by  the  act  of  the 
federal  government  itself.  In  any  event,  the  colonists 
who  were  legally  in  the  country  were  not  responsible  for 
the  fact  that  American  squatters  had  settled  along  the 
Sabine.  Alaman's  interpretation  of  the  law  of  July  13, 
1824,  with  respect  to  slaves  was  a  strained  one  which 
nobody  accepted  at  the  time.  The  state  constitution  of 
Coahuila  and  Texas  itself,  which  was  adopted  three 
years  after  the  enactment  of  that  law,  permitted  the  in- 
troduction of  slaves  for  six  months  after  its  promulga- 
tion, proving  clearly  that  nobody  interpreted  the  existing 
law  as  providing  for  the  emancipation  of  slaves.  It 
was  a  very  late  day  to  raise  the  question  of  the  religion 
of  the  colonists,  for  everybody  knew  that  they  were  not 
Catholics,  and  that  Stephen  Austin  himself  was  not  a 
Catholic.  And,  finally,  it  came  with  bad  grace  from  a 
member  of  a  government  that  had  been  placed  in  power 
as  the  result  of  a  violent  revolution  against  the  dictato- 
rial powers  of  Guerrero  to  criticise  the  colonists  for 
obtaining  by  means  of  peaceful  petition  the  revision  of 
a  single  one  of  Guerrero's  arbitrary  measures. 

These  items  of  Alaman's  indictment  of  the  colonists 
in  Texas,  of  course,  were  not  reasons  for  his  attitude. 
They  were  far-fetched  excuses.  The  real  reason  was  the 
fear  that  the  United  States  was  intriguing  to  seize  Texas 
which  had  taken  hold  of  the  leaders  of  the  dominant 
party  with  an  intensity  approaching  frenzy.  There  was 
just  enough  of  fact  in  his  report,  however,  to  insure 
ready  acceptance  by  those  who  shared  with  him  his  ani- 
mosity against  the  United  States.     It  was  true  that  the 


360  A  HISTORY  OF  TEXAS 

United  States  was  seeking  to  acquire  Texas ;  it  was  true 
that  certain  "unknown  writers"  were  publishing  articles 
in  the  American  newspapers  in  which  more  attention 
was  given  to  the  advantages  to  be  derived  from  such 
acquisition  than  to  the  grounds  for  legal  claim  to  the 
territory;  it  was  true  that  there  had  been  "insurrection 
of  adventurers,  and  savages  instigated  by  them,"  if  the 
Fredonian  affair  and  the  alliance  of  Edwards  and  his 
followers  with  the  Cherokees  may  thus  be  described. 
And,  of  course,  it  was  true  that  the  United  States  had 
doubled  its  national  domain  during  the  previous  thirty 
years  by  the  acquirement  of  territory  which  had  been 
Spanish  in  1800.  But  none  of  this  could  be  connected 
with  the  colonists  in  Texas.  They  had  nothing  to  do 
with  the  efforts  of  the  United  States  to  buy  Texas,  they 
were  in  no  way  concerned  with  the  articles  in  the  Amer- 
ican newspapers,  and  finally  they  had  put  down  the  Fre- 
donian insurrection  and  pacified  the  Indians  involved 
in  it.  Alaman,  however,  was  so  filled  with  animosity 
toward  the  United  States  and  so  convinced  that  the  colo- 
nization of  Texas  was  a  part  of  a  well-planned  scheme  of 
the  American  government  to  acquire  Texas,  that  he 
could  not  recognize  the  true  situation  in  Texas. 

In  keeping  with  this  view,  he  proposed  a  program 
with  respect  to  Texas  that  was  directed,  not  against  the 
alleged  abuses  in  Texas  of  which  he  complained,  but 
against  encroachment  upon  Mexican  territory  by  the 
United  States.  He  included  the  measures  suggested  by 
Teran — the  establishment  of  military  posts  in  Texas, 
the  colonization  of  Texas  by  Mexicans  and  the  sending 
of  Mexican  convicts  to  that  territory  with  a  view  of 
their  ultimate  settlement,  the  granting  of  financial  aid 


THE  FIRST  STEP  BACKWARD  361 

to  such  Mexican  colonists,  the  colonization  of  Texas  by 
settlers  from  nations  of  different  language  and  customs 
from  those  of  the  Americans,  and  finally  the  encourage- 
ment of  the  coastwise  trade.  But  Alaman  believed  that 
Teran's  program  did  not  go  far  enough.  He  proposed 
to  reverse  the  entire  colonization  policy  with  respect  to 
Americans  and  recommended  that  all  empresario  con- 
tracts issued  under  the  state  law  which  had  not  been  ful- 
filled should  be  suspended,  and  that  the  frontier  should 
be  closed  against  American  immigrants  altogether,  only 
American  travelers  with  proper  passports  being  permit- 
ted to  enter  the  country. 

As  the  whole  program  was  presented  on  a  basis  of  pa- 
triotism and  as  one  involving  the  safety  of  the  nation 
and  the  integrity  of  Mexican  territory,  it  obtained  the 
hearty  support  of  congress.  Accordingly,  on  April  6, 
1830,  Alaman's  recommendations  were  enacted  into 
law.  This  law  provided  for  an  entirely  new  policy  with 
respect  to  Texas.  It  authorized  the  president  to  take 
such  lands  as  were  necessary  for  fortifications  and  ar- 
senals "in  frontier  states,"  indemnifying  the  states  for 
them,  and  thus  provided  for  Teran's  program  of  mili- 
tary occupation  of  Texas.  It  authorized  the  government 
to  transport  "convict-soldiers'5  theretofore  sent  to  Vera 
Cruz  and  other  ports,  to  the  colonies,  "there  to  establish 
them  as  is  deemed  fit,"  and  provided  further  that  "the 
government  will  furnish  free  transportation  to  the  fami- 
lies of  the  soldiers  should  they  desire  to  go."  These 
"convict-soldiers"  were  to  be  employed  in  constructing 
fortifications,  public  works  and  roads,  and  the  law  di- 
rected that  "when  the  time  of  their  imprisonment  is 
terminated,  if  they  should  desire  to  remain  as  colonists, 


362 A  HISTORY  OF  TEXAS 

they  shall  be  given  lands  and  agricultural  implements, 
and  their  provision  shall  be  continued  through  the  first 
year  of  their  colonization." 

This  meant  that  the  government  proposed  to  trans- 
port at  its  own  expense  a  constant  stream  of  Mexican 
criminals  into  Texas,  to  have  them  first  serve  as  soldiers, 
and  then  to  provide  them  with  food  and  clothing  for 
a  year  if  they  agreed  to  settle  in  the  country,  giving  them 
land  and  agricultural  implements  for  that  purpose.  But 
this  offer  was  not  confined  to  criminals.  The  law  pro- 
vided also  that  "Mexican  families  who  voluntarily  ex- 
press the  desire  to  become  colonists  will  be  furnished 
transportation,  maintained  for  one  year,  and  assigned 
to  the  best  of  agricultural  lands."  To  carry  out  this 
program  the  government  was  authorized  to  expend  five 
hundred  thousand  pesos,  it  being  provided  also  that  a 
suitable  amount  of  this  money  should  be  expended  "on 
premiums  to  such  farmers  among  the  colonists  as  may 
distinguish  themselves  in  agriculture." 

So  it  was  that  the  new  Mexican  government  proposed 
to  "nationalize"  Texas.  But  it  did  not  propose  to  con- 
fine this  process  to  increasing  the  Mexican  population; 
the  increase  of  the  American  population  of  Texas  was  to 
be  stopped  altogether.  For  the  law  contained  the  fol- 
lowing sweeping  provisions: 

"The  introduction  of  foreigners  across  the  northern 
frontier  is  prohibited  under  any  pretext  whatever,  un- 
less the  said  foreigners  are  provided  with  a  passport 
issued  by  the  agents  of  this  republic  at  the  point  whence 
the  said  foreigners  set  out. 

"No  change  shall  be  made  with  respect  to  the  slaves 
now  in  the  states,  but  the  federal  government  and  the 


THE  FIRST  STEP  BACKWARD 363 

government  of  each  state  shall  strictly  enforce  the  colo- 
nization laws  and  prevent  the  further  introduction  of 
slaves. 

"In  accordance  with  the  right  reserved  by  the  general 
congress  in  the  seventh  article  of  the  law  of  August  18, 
1824,  it  is  prohibited  that  immigrants  from  nations 
bordering  on  this  republic  shall  settle  in  the  states  or 
territories  adjacent  to  their  own  nation.  Consequently, 
all  contracts  not  already  completed  and  not  in  harmony 
with  this  law  are  suspended." 

In  other  words,  the  American  colonists  already  in 
Texas  were  doomed  to  see  the  lands  all  around  them 
settled  by  the  lowest  class  of  Mexicans — the  prisoners 
who  had  been  convicted  of  crimes — while  the  bars  were 
put  up  against  settlers  of  their  own  kind,  even  their  own 
relatives  and  friends  in  the  United  States. 

There  were  other  features  of  the  law  designed  to 
make  the  plan  self-sustaining.  The  period  of  exemp- 
tion from  import  duties  which  had  been  granted  the 
settlers  under  the  colonization  laws  was  about  to  expire 
and  the  previous  year  a  stringent  tariff  law  had  been 
passed.  This  law  prohibited  altogether  the  importation 
of  many  of  the  necessities  of  life,  especially  cotton  goods, 
it  being  the  policy  of  the  government  to  encourage  the 
production  of  such  commodities  within  the  republic. 
But  now  this  new  law  provided  that  "frame  houses  and 
all  kinds  of  foreign  food  products  may  be  introduced 
through  the  ports  of  Galveston  and  Matagorda,  free  of 
duty,  for  two  years."  In  addition  to  this,  cotton  goods 
were  taken  off  the  excluded  list  and  it  was  provided  that 
such  goods  could  be  imported,  on  payment  of  duties, 
until  January  1,  1831.   These  duties  were  expected  to 


364  A  HISTORY  OF  TEXAS 

provide  the  revenue  to  defray  the  expenses  of  the  mili- 
tary occupation  of  Texas,  the  Mexican  colonization 
projects,  the  subsidizing  of  cotton  manufacturing  en- 
terprises and  the  creation  of  a  fund  for  defense  against 
Spanish  invasion.  Coastwise  traffic  was  thrown  open 
to  foreign  ships  for  four  years. 

Finally,  the  law  provided  for  the  appointment  of 
commissioners  to  put  its  provisions  into  effect,  to  make 
an  investigation  of  the  American  colonies,  the  condition 
of  the  colonization  contracts  and  general  conditions  in 
Texas,  and  to  determine  which  contracts  should  be  sus- 
pended. The  government  was  required  to  make  a  re- 
port to  congress  within  one  year,  giving  "a  record  of  the 
emigrants  and  immigrants  established  under  the  law, 
with  an  estimate  of  the  increase  of  population  on  the 
frontier." 

So  it  was  that  Mexico  completely  reversed  the  coloni- 
zation policy  which  had  been  conceived  originally  by 
Moses  Austin,  supported  by  the  Baron  de  Bastrop,  and 
brought  into  being  through  the  labors  of  Stephen  Aus- 
tin and  the  federalists  leaders  of  Mexico.  The  practical 
effect  of  the  new  law  was  to  cancel  the  contracts  of  all 
the  empresarios,  except  those  of  Austin,  DeWitt  and 
De  Leon.  And  the  prohibition  of  immigration  from  the 
United  States  was  almost  equivalent  to  the  cancellation 
of  Austin's  unfulfilled  contracts. 

The  local  administration  of  the  law  was  placed  in  the 
hands  of  Teran,  the  commandant  of  the  eastern  internal 
states,  and  the  practical  effect  of  this  was  the  estab- 
lishment of  military  government  in  Texas,  so  far  as  the 
settlement  of  colonists  and  the  collection  of  import  du- 


THE  FIRST  STEP  BACKWARD 365 

ties  were  concerned.  For  the  military  program  was 
carried  out  without  delay.  Garrisons  already  existed 
at  Nacogdoches,  San  Antonio  and  La  Bahia.  New  gar- 
risons were  established  at  Tenoxtitlan,  the  point  where 
the  San  Antonio  road  crosses  the  Brazos;  at  Anahuac, 
on  Galveston  bay;  at  Velasco,  near  the  mouth  of  the 
Brazos,  and  at  Lipantitlan,  near  the  mouth  of  the 
Nueces.  The  garrisons  immediately  in  contact  with  the 
colonists,  therefore,  were  those  at  Nacogdoches,  Ana- 
huac  and  Velasco.  Colonel  Piedras  was  stationed  at 
Nacogdoches  with  three  hundred  and  twenty  men; 
Col.  John  Davis  Bradburn,  an  American  in  the  Mex- 
ican service,  at  Anahuac  with  one  hundred  and  fifty 
men;  and  Col.  Dominic  Ugartechea  at  Velasco  with 
one  hundred  and  twenty-five  men.  The  garrison  at  the 
San  Antonio  crossing  on  the  Brazos  was  commanded  by 
Col.  Francisco  Ruiz. 

The  program  of  "nationalizing"  Texas  was  thus  be- 
gun. It  caused  great  excitement  among  the  colonists  of 
Texas,  of  course,  but  while  Austin  was  chagrined  at  the 
turn  events  had  taken,  he  advised  calmness  and  patience. 
Nothing  was  to  be  gained  by  any  show  of  resistance  or 
insubordination;  on  the  contrary,  this  would  only  tend 
to  justify  the  government's  attitude  and  increase  the 
fear  the  Mexican  leaders  now  felt  with  respect  to  the 
danger  of  losing  Texas.  The  settlers  by  this  time  had 
come  to  understand  that  nothing  was  permanent  in  Mex- 
ico. For  the  moment  Bustamante,  Alaman  and  Teran 
were  in  the  saddle.  Tomorrow  it  might  be  somebody 
else.  Quien  sabe?  Let  the  colonists  continue  to  go  about 
their  business  as  usual  and  adjust  themselves  as  far  as 


366 A  HISTORY  OF  TEXAS 

possible  to  the  new  order  of  affairs.  In  due  time  the 
proper  course  to  be  followed  would  be  indicated  by 
events. 

Nothing  could  better  illustrate  how  literally  this 
policy  of  "business  as  usual"  was  followed  in  the  juris- 
diction of  Austin  than  a  perusal  of  the  minutes  of  the 
ayuntamiento  during  the  period  immediately  after  the 
promulgation  of  the  law  of  April  6,  1830.  One  gets 
a  picture  of  that  body  concerning  itself  chiefly  with 
matters  affecting  the  progress  of  the  settlements.  It 
authorized  the  laying  out  of  new  roads  and  named  com- 
missioners to  determine  the  shortest  and  most  convenient 
routes.  It  conducted  public  sales  of  lots  in  the  town 
of  Austin,  provided  for  the  collection  of  license  fees 
from  merchants,  assessing  penalties  when  these  fees 
were  not  paid,  fixed  ferry  charges  and  granted  permis- 
sion for  the  establishment  of  new  ferries  and  did  a 
dozen  and  one  other  things  of  like  character. 

At  the  session  on  July  5,  1830,  for  example,  the 
ayuntamiento  took  notice  of  the  fact  that  physicians 
were  practicing  within  the  colony  without  giving  evi- 
dence of  their  qualifications  to  do  so.  To  meet  this 
situation  a  board  of  examiners  was  accordingly  created, 
and  a  regular  license  system  established.  Indeed,  before 
twelve  months  had  gone  by,  the  ayuntamiento  fined 
two  physicians  twenty-five  dollars  each  for  practicing 
medicine  without  a  license.  At  this  same  session  an 
ordinance  was  passed  prohibiting  the  discharge  of  fire- 
arms within  four  hundred  yards  of  the  improved  part 
of  the  town,  and  a  resolution  was  adopted  giving  ten 
days'  notice  for  the  removal  of  "sheds,  shanties,  cabins 
and  houses"  erected  on  "the  streets  and  public  squares 


THE  FIRST  STEP  BACKWARD 367 

of  the  town  of  Austin."  Moreover,  the  ayuntamiento 
gave  its  attention  also  to  ridding  the  colony  of  vaga- 
bonds, gamblers  and  bad  characters.  It  passed  a  special 
ordinance  on  gambling,  and  promptly  arrested  a  number 
of  men  for  violating  it,  fined  them  the  minimum  fine 
for  the  first  offense,  and  refused  to  remit  the  fines.  It 
ordered  one  "bad  character"  put  in  irons  until  it  could 
decide  what  to  do  with  him,  and  gave  orders  to  another 
to  leave  the  colony  without  delay  under  penalty  of  being 
similarly  dealt  with. 

Striking  evidence  of  the  temper  of  the  colonists  is 
given  with  respect  to  this  matter  of  continuing  the 
policy  of  Austin  in  keeping  the  standard  of  the  com- 
munity as  high  as  possible.  The  ayuntamiento  took 
notice  of  the  fact  that  in  two  or  three  instances  certain 
colonists  were  "harboring  bad  characters,"  and  that 
certain  others  were  not  conducting  themselves  entirely 
as  they  should.  Citing  the  clause  in  Austin's  contract 
requiring  him  to  refuse  to  admit  colonists  of  bad  char- 
acter, the  ayuntamiento  submitted  a  list  of  such  persons 
to  Austin,  with  a  request  that  titles  to  lands  be  withheld 
from  them  until  they  had  demonstrated  that  they  had 
changed  their  ways.  In  two  or  three  instances  names 
were  removed  from  this  list  after  a  few  months,  evi- 
dence having  been  given  that  the  culprits  had  reformed. 

The  ayuntamiento  had  occasion  about  this  time  to 
deal  vigorously  with  certain  horse  thieves  and  mur- 
derers. In  two  instances  rewards  were  offered  for  the 
capture  of  murderers.  One  of  these  had  escaped  after 
having  been  captured  and,  when  located  by  an  officer 
appointed  to  seek  him,  was  shot  down  and  killed.  Two 
persons  found  guilty  of  assisting  criminals  to  escape 


368  A  HISTORY  OF  TEXAS 

were  ordered  out  of  the  colony  and  the  recommendation 
made  that  they  be  deported  from  the  state.  One  of 
these,  incidentally,  was  Noah  Smithwick,  whose  remi- 
niscences have  been  frequently  quoted  in  this  work. 

"Business  as  usual"  was  undoubtedly  in  order.  The 
ayuntamiento  sent  a  recommendation  to  the  governor 
of  the  state  that  Ramon  Musquiz,  the  political  chief  of 
the  department,  be  reappointed  to  that  office.  It  even 
found  time  to  have  a  controversy  with  Austin  over  the 
land  business  of  the  colony,  but  upon  Austin's  request 
it  addressed  a  letter  to  the  political  chief  of  the  depart- 
ment, urging  that  a  land  commissioner  be  appointed 
to  provide  titles  for  those  colonists  who  had  not  yet 
received  them.  This  had  become  doubly  important 
since  the  federal  government  had  reversed  the  coloni- 
zation policy.  "Inasmuch  as  it  is  well  known,"  read 
this  order  of  the  ayuntamiento,  "that  there  are  a  great 
number  of  families  now  within  the  municipality  that 
have  been  admitted  by  the  said  empresario  as  colonists 
under  his  contract,  and  who  have  not  yet,  for  the  want 
of  a  commissioner,  been  put  in  legal  possession  of  the 
lands  they  occupy  and  inasmuch  as  great  anxiety  is 
expressed  by  the  settlers  for  the  appointment  of  a  com- 
missioner to  permanently  and  legally  establish  them,  the 
ayuntamiento  orders  that  an  official  letter  be  addressed 
to  the  chief  of  the  department,  urging  in  strong  terms 
the  immediate  appointment  of  a  commissioner  to  put 
in  legal  possession  of  their  lands  those  settlers  under  the 
contracts  of  the  empresario  Austin  who  are  now  here 
and  have  not  received  their  titles  of  possession." 

Not  the  slightest  evidence  of  resistance  or  insubordi- 
nation is  to  be  found  in  the  proceedings  of  the  ayunta- 


ANDREW  JACKSON. 


THE  FIRST  STEP  BACKWARD  369 

miento.  On  the  contrary,  there  are  evidences  of  caution 
and  patriotism.  When  it  was  discovered,  for  example, 
that  George  Fisher,  who  had  been  made  temporary 
secretary  of  the  ayuntamiento  because  of  his  acquaint- 
ance with  the  Spanish  language,  had  been  doctoring 
certain  communications  to  the  superior  government  in 
translating  them  from  their  English  originals,  and 
attributing  to  the  ayuntamiento  sentiments  it  had  not 
expressed,  this  gentleman  was  dealt  with  summarily, 
immediately  dismissed,  and  Teran  was  notified  that  he 
was  suspected  of  being  a  spy  of  a  party  unfriendly  to 
the  government. 

Finally,  at  the  session  of  August  2,  1830,  the  ayunta- 
miento gave  unusual  evidence  of  the  patriotism  of  the 
colonists  in  two  orders  which  it  adopted  and  caused 
to  be  entered  on  the  minutes.  One  of  these  ordered 
"that  the  citizens  of  this  municipality  be  called  on  for 
a  voluntary  subscription  in  money  or  produce  to  create 
a  fund  now  undertaken  by  the  general  government  for 
the  purpose  of  supporting,  arming  and  clothing  the 
national  army  in  case  of  an  invasion  by  Spanish  troops, 
to  be  paid  in  money  or  country  produce."  One  citizen 
in  each  election  district  in  the  jurisdiction  was  named 
to  collect  this  money,  and  a  committee  was  appointed 
to  decide  on  a  plan  for  putting  on  the  "drive." 

The  other  order  was  for  a  proper  celebration  of 
Independence  day,  which  was  approaching.  The  min- 
utes of  the  ayuntamiento  record  it  as  follows: 

"Ordered,  that  the  citizens  of  this  municipality  be 
invited  to  join  this  ayuntamiento  in  the  celebration  of 
the  anniversary  of  the  National  independence  on  the 
1 6th  of  September  next,  and  a  committee  was  appointed 


370  A  HISTORY  OF  TEXAS 

to  draft  the  plan  of  the  mode  in  which  said  celebration 
shall  take  place,  to  which  were  named  Col.  Stephen 
F.  Austin,  Samuel  M.  Williams  and  George  Fisher." 

So  it  was  that  the  colonists  in  Texas  conducted  them- 
selves in  the  face  of  the  drastic  provisions  of  the  law 
of  April  6,  1830.  Did  it  mean  they  were  submitting 
supinely  to  the  verdict  of  the  government  that  they 
should  be  condemned  to  live  in  the  midst  of  a  growing 
population  of  Mexican  criminals,  with  garrisons  all 
around  them,  and  with  the  frontiers  closed  against  their 
friends  and  relatives  in  the  United  States?  It  meant 
nothing  of  the  kind.  The  colonists  simply  were  biding 
their  time,  and  following  the  very  wisest  course  in  the 
face  of  the  situation. 

Meantime  in  various  parts  of  the  republic  there  were 
smouldering  fires  of  discontent  over  the  action  of  Busta- 
mante  in  ousting  Guerrero.  Here  and  there  disturb- 
ances occurred,  only  to  be  put  down  with  an  iron  hand, 
however.  Bustamante  took  the  shortest  way  to  deal 
with  the  dissenters;  whoever  started  trouble  was  shot! 
In  keeping  with  this  policy,  Guerrero  himself  was  shot 
on  February  14,  1831.  This  caused  some  genuine 
sorrow  and  indignation,  and  not  a  little  resentment. 
Guerrero  had  long  been  a  revolutionary  hero.  He  was 
a  romantic  figure  during  the  days  of  Spanish  tyranny, 
the  kind  of  a  figure  around  which  myths  were  woven. 
Guerrero  dead — a  martyr  to  the  cause  of  the  people — 
might  be  more  dangerous  to  the  established  power  than 
Guerrero  living.  But  a  living  leader  was  needed. 
Where  was  he  to  be  found?  It  was  in  this  mood  that 
men  in  different  sections  of  Mexico  began  to  turn  their 
eyes  toward  Vera  Cruz.     Santa  Anna  had  saved  the 


THE  FIRST  STEP  BACKWARD 371 

country  from  Spanish  invasion,  why  could  he  not  now 
save  it  from  tyranny?  But  Santa  Anna  remained  quietly 
in  seclusion  on  his  estate  and  bided  his  time. 

Behind  the  scenes  destiny  was  at  work.  Already  an 
event  had  occurred  in  a  part  of  the  world  remote  from 
Mexico  and  Texas  which,  while  not  related  to  either 
in  the  slightest  degree,  was  the  beginning  of  a  sequence 
that  would  affect  the  course  of  the  history  of  both.  The 
colonization  of  Texas  had  been  the  inevitable  result  of 
Moses  Austin's  misfortunes.  When  the  panic  of  1818 
swept  away  all  he  possessed  he  had  turned  again, 
empty-handed,  to  the  wilderness,  and  Spain.  The  open- 
ing months  of  the  year  1829  brought  misfortune  to 
another  man.  Tongues  were  wagging  with  scandal  in 
the  state  of  Tennessee.  The  wife  of  the  governor  of 
the  state — a  bride  of  a  few  months— had  left  her  hus- 
band and  returned  to  the  home  of  her  father.  The 
governor  was  a  candidate  for  reelection.  No  explana- 
tion of  the  estrangement  had  been  given  the  public, 
either  by  the  governor  or  his  wife.  The  governor's 
political  enemies,  however,  supplied  explanations  to 
suit  their  purposes.  Indignation  over  the  governor's 
alleged  conduct  began  to  spread,  and  there  were  even 
threats  of  violence.  His  friends  rallied  to  his  support, 
but  he  would  say  nothing  to  defend  himself.  "My 
lips,"  he  declared,  "are  sealed!"  Finally,  on  April 
16,  1829,  he  sent  his  resignation  to  the  secretary  of 
state.  Then,  in  the  dead  of  night,  he  left  the  capital 
in  disguise  and  disappeared. 

\  On  the  Arkansas  river,  in  the  northern  section  of  the 
territory  just  across  the  Red  river  from  Texas,  the  tribes 
of  the  Cherokee  nation  were  established,  having  mi- 


372 A  HISTORY  OF  TEXAS 

grated  there  from  Tennessee.  They  cast  longing  eyes 
into  the  land  of  the  south  beyond  the  Mexican  border. 
Already  many  of  their  brother  Cherokees  had  crossed 
over  and  settled  in  Texas,  but  they  had  made  no  head- 
way toward  obtaining  a  legal  grant  of  lands.  For  a 
little  while  the  Cherokees  in  Texas  had  dared  to  harbor 
the  thought  of  establishing  their  right  to  the  land 
through  the  ordeal  of  battle.  They  had  even  made  a 
compact  with  Hayden  Edwards  with  that  end  in  view. 
But  that  movement  had  collapsed,  and  the  government 
had  promised  to  hear  their  plea  for  land.  Apparently 
the  government  had  been  too  busily  occupied  with  other 
things.  The  Cherokees  in  Texas,  therefore,  waited — 
sullen  and  unsatisfied.  And,  on  the  American  side  of 
the  border,  their  brothers  from  Tennessee  had  estab- 
lished themselves.  It  was  toward  the  villages  of  the 
Cherokees  in  Arkansas  territory  that  the  fugitive  gov- 
ernor of  Tennessee  traveled. 

The  Cherokees  had  been  his  friends  in  his  youth. 
As  a  son  of  the  frontier  he  had  lived  among  them  as 
one  of  their  own.  In  his  hour  of  sorrow  and  humilia- 
tion he  was  turning  again  to  the  wilderness  and  his 
boyhood  friends.    And  his  friends  received  him.    .    .    . 

Shortly  after  the  disappearance  of  the  governor  of 
Tennessee,  Andrew  Jackson,  President  of  the  United 
States,  wrote  a  letter.  There  had  been  disquieting 
rumors  with  respect  to  the  plans  of  the  erstwhile  gov- 
ernor, rumors  which  disturbed  Jackson.  The  letter 
was  addressed  to  the  exile  among  the  Cherokees,  and 
this  is  what  the  president  wrote: 

"It  has  been  communicated  to  me  that  you  had  the 
illegal  enterprise  in  view  of  conquering  Texas;   that 


THE  FIRST  STEP  BACKWARD  373 

you  had  declared  that  you  would,  in  less  than  two  years, 
be  emperor  of  that  country  by  conquest.  I  must  really 
have  thought  you  deranged  to  have  believed  you  had 
so  wild  a  scheme  in  contemplation;  and,  particularly, 
when  it  was  communicated  that  the  physical  force  to 
be  employed  was  the  Cherokee  Indians.  Indeed,  my 
dear  sir,  I  can  not  believe  you  have  any  such  chimerical, 
visionary  scheme  in  view.  Your  pledge  of  honor  to 
the  contrary  is  a  sufficient  guarantee  that  you  will  never 
engage  in  any  enterprise  injurious  to  your  country,  or 
that  would  tarnish  your  fame." 

The  president  had  been  given  a  garbled  version  of 
the  story.  But  that  letter  is  historic,  for  it  coupled 
for  the  first  time  on  paper  the  names  of  Texas  and 
Sam  Houston. 


APPENDIX 

/.         THE  TREATY  OF  1819. 

II.  AUSTIN'S  CIVIL  AND  CRIMINAL 
CODES. 

III.  THE  OLD  THREE  HUNDRED. 

IV.  THE  LAW  OF  APRIL  6,  1830. 


376 A  HISTORY  OF  TEXAS 

51. 

THE  TREATY  OF  1819. 

Treaty  of  Amity,  Settlement,  and  Limits  between  the 
United  States  of  America  and  His  Catholic  Majesty, 
Concluded  at  Washington  Februray  22 ,  1819 ;  Ratifi- 
cation Advised  by  Senate  February  24,  1819 ;  Ratified 
by  President;  Ratified  by  the  King  of  Spain  October 
24,  1820;  Ratification  Again  Advised  by  Senate  Feb- 
ruary  19,  1821;  Ratified  by  President  February  22, 
1821 ;  Ratification  Exchanged  at  Washington  February 
22,  1821;  Proclaimed  February  22,  1821. 

The  United  States  of  America  and  His  Catholic 
Majesty,  desiring  to  consolidate,  on  a  permanent  basis, 
the  friendship  and  good  correspondence  which  happily 
prevails  between  the  two  parties  have  determined  to 
settle  and  terminate  all  their  differences  and  preten- 
sions, by  a  treaty,  which  shall  designate,  with  precision, 
the  limits  of  their  respective  bordering  territories  in 
North  America. 

With  this  intention  the  President  of  the  United 
States  has  furnished  with  their  full  powers  John  Quincy 
Adams,  Secretary  of  State  of  the  said  United  States;  and 
His  Catholic  Majesty  has  appointed  the  Most  Excellent 
Lord  Don  Luis  de  Onis,  Gonzales,  Lopez  y  Vara,  Lord 
of  the  town  of  Rayaces,  Perpetual  Regidor  of  the  Cor- 
poration of  the  city  Salamanca,  Knight  Grand  Cross 
of  the  Royal  American  Order  of  Isabella  the  Catholic, 
decorated  with  the  Lys  of  La  Vendee,  Knight  Pensioner 
of  the  Royal  and  Distinguished  Spanish  Order  of 
Charles  the  Third,  Member  of  the  Supreme  Assembly 
of   the   said    Royal    Order j    of   the    Council    of   His 


APPENDIX.— I  377 


Majesty ;  His  Secretary,  with  Exercise  of  Decrees,  and 
His  Envoy  Extraordinary  and  Minister  Plenipotentiary 
near  the  United  States  of  America; 

And  the  said  Plenipotentiaries,  after  having  ex- 
changed their  powers,  have  agreed  upon  and  concluded 
the  following  articles: 

article  I. 

There  shall  be  a  firm  and  inviolable  peace  and  sincere 
friendship  between  the  United  States  and  their  citizens 
and  His  Catholic  Majesty,  his  successors  and  subjects, 
without  exception  of  persons  or  places. 

ARTICLE   II. 

His  Catholic  Majesty  cedes  to  the  United  States,  in 
full  property  and  sovereignty,  all  the  territories  which 
belong  to  him,  situated  to  the  eastward  of  the  Missis- 
sippi, known  by  the  name  of  East  and  West  Florida. 
The  adjacent  islands  dependent  on  said  provinces,  all 
public  lots  and  squares,  vacant  lands,  public  edifices, 
fortifications,  barracks,  and  other  buildings,  which  are 
not  private  property,  archives  and  documents,  which 
relate  directly  to  the  property  and  sovereignty  of  said 
provinces,  are  included  in  this  article.  The  said  archives 
and  documents  shall  be  left  in  possession  of  the  com- 
missaries or  officers  of  the  United  States,  duly  authorized 
to  receive  them. 

ARTICLE  III. 

The  boundary  line  between  the  two  countries,  west 
of  the  Mississippi,  shall  begin  on  the  Gulph  of  Mexico, 
at  the  mouth  of  the  river  Sabine,  in  the  sea,  continuing 


378 A  HISTORY  OP  TEXAS 

north,  along  the  western  bank  of  that  river,  to  the  3  2d 
degree  of  latitude ;  thence,  by  a  line  due  north,  to  the 
degree  of  latitude  where  it  strikes  the  Rio  Roxo  at 
Natchitoches,  or  Red  River ;  then  following  the  course 
of  the  Rio  Roxo  westward,  to  the  degree  of  longitude 
100  west  from  London  and  23  from  Washington;  then, 
crossing  the  said  Red  River,  and  running  thence  by  a 
line  due  north,  to  the  river  Arkansas;  thence,  following 
the  course  of  the  southern  bank  of  the  Arkansas,  to 
its  source,  in  latitude  42  north;  and  thence,  by  that 
parallel  of  latitude,  to  the  South  Sea.  The  whole  being 
as  laid  down  in  Melish's  map  of  the  United  States, 
published  at  Philadelphia,  improved  to  the  first  of 
January,  1818.  But  if  the  source  of  the  Arkansas 
River  shall  be  found  to  fall  north  or  south  of  latitude 
42,  then  the  line  shall  run  from  the  said  source  due 
south  or  north,  as  the  case  may  be,  till  it  meets  the 
said  parallel  of  latitude  42,  and  thence,  along  the  said 
parallel,  to  the  South  Sea:  All  the  islands  in  the  Sabine, 
and  the  said  Red  and  Arkansas  Rivers,  throughout  the 
course  thus  described,  to  belong  to  the  United  States; 
but  the  use  of  the  waters,  and  the  navigation  of  the 
Sabine  to  the  sea,  and  of  the  said  rivers  Roxo  and 
Arkansas,  throughout  the  extent  of  the  said  boundary, 
on  their  respective  banks,  shall  be  common  to  the  re- 
spective inhabitants  of  both  nations. 

The  two  high  contracting  parties  agree  to  cede  and 
renounce  all  their  rights,  claims,  and  pretensions,  to 
the  territories  described  by  the  said  line,  that  is  to  say: 
The  United  States  hereby  cedes  to  His  Catholic  Majesty, 
and  renounce  forever,  all  their  rights,  claims,  and  pre- 
tensions, to  the  territories  lying  west  and  south  of  the 


APPENDIX.— I  379 


above-described  line;  and,  in  like  manner,  His  Catholic 
Majesty  cedes  to  the  said  United  States  all  his  rights, 
claims,  and  pretensions  to  any  territories  east  and  north 
of  the  said  line,  and  for  himself,  his  heirs,  and  success- 
ors, renounces  all  claim  to  the  said  territories  forever. 

ARTICLE  IV. 

To  fix  this  line  with  more  precision,  and  to  place 
the  landmarks  which  shall  designate  exactly  the  limits 
of  both  nations,  each  of  the  contracting  parties  shall 
appoint  a  Commissioner  and  a  surveyor,  who  shall  meet 
before  the  termination  of  one  year  from  the  date  of 
the  ratification  of  this  treaty  at  Natchitoches,  on  the 
Red  River,  and  proceed  to  run  and  mark  the  said  line, 
from  the  mouth  of  the  Sabine  to  the  Red  River,  and 
from  the  Red  River  to  the  river  Arkansas,  and  to 
ascertain  the  latitude  of  the  source  of  the  said  river 
Arkansas,  in  conformity  to  what  is  above  agreed  upon 
and  stipulated,  and  the  line  of  latitude  42,  to  the  South 
Sea:  they  shall  make  out  plans,  and  keep  journals  of 
their  proceedings,  and  the  result  agreed  upon  by  them 
shall  be  considered  as  part  of  this  treaty,  and  shall  have 
the  same  force  as  if  it  were  inserted  therein.  The  two 
Governments  will  amicable  agree  respecting  the  neces- 
sary articles  to  be  furnished  to  those  persons,  and  also 
as  to  their  respective  escorts,  should  such  be  deemed 
necessary. 

article  v. 

The  inhabitants  of  the  ceded  territories  shall  He 
secured  in  the  free  exercise  of  their  religion,  without 
any  restriction ;  and  all  those  who  may  desire  to  remove 


380  A  HISTORY  OF  TEXAS 

to  the  Spanish  dominions  shall  be  permitted  to  sell  or 
export  their  effects,  at  any  time  whatever,  without  being 
subject,  in  either  case,  to  duties. 

ARTICLE  VI. 

The  inhabitants  of  the  territories  which  His  Catholic 
Majesty  cedes  to  the  United  States,  by  this  treaty,  shall 
be  incorporated  in  the  Union  of  the  United  States,  as 
soon  as  may  be  consistent  with  the  principles  of  the 
Federal  Constitution,  and  admitted  to  the  enjoyment 
of  all  the  privileges,  rights,  and  immunities  of  the  citi- 
zens of  the  United  States. 

ARTICLE  VII. 

The  officers  and  troops  of  His  Catholic  Majesty,  in 
the  territories  hereby  ceded  by  him  to  the  United  States, 
shall  be  withdrawn,  and  possession  of  the  places  occu- 
pied by  them  shall  be  given  within  six  months  after 
the  exchange  of  the  ratifications  of  this  treaty,  or  sooner 
if  possible,  by  the  officers  of  His  Catholic  Majesty  to 
the  commissioners  or  officers  of  the  United  States  duly 
appointed  to  receive  them;  and  the  United  States  shall 
furnish  the  transports  and  escorts  necessary  to  convey 
the  Spanish  officers  and  troops  and  their  baggage  to 
the  Havana. 

ARTICLE  VIII. 

All  the  grants  of  land  made  before  the  24th  of  Janu- 
ary, 1818,  by  His  Catholic  Majesty,  or  by  his  lawful 
authorities,  in  the  said  territories  ceded  by  His  Majesty 
to  the  United  States,  shall  be  ratified  and  confirmed 
to  the  persons  in  possession  of  the  lands,  to  the  same 


APPENDIX.— I  381 


extent  that  the  same  grants  would  be  valid  if  the  terri- 
tories had  remained  under  the  dominion  of  His  Catholic 
Majesty.  But  the  owners  in  possession  of  such  lands, 
who,  by  reason  of  the  recent  circumstances  of  the 
Spanish  nation,  and  the  revolutions  in  Europe,  have 
been  prevented  from  fulfilling  all  the  conditions  of 
their  grants,  shall  complete  them  within  the  terms  lim- 
ited in  the  same,  respectively,  from  the  date  of  this 
treaty ;  in  default  of  which  the  said  grants  shall  be 
null  and  void.  All  grants  made  since  the  said  24th 
of  January,  1818,  when  the  first  proposal,  on  the  part 
of  His  Catholic  Majesty,  for  the  cession  of  the  Floridas 
was  made,  are  hereby  declared  and  agreed  to  be  null 
and  void. 

ARTICLE  IX. 

The  two  high  contracting  parties,  animated  with  the 
most  earnest  desire  of  conciliation,  and  with  the  object 
of  putting  an  end  to  all  the  differences  which  have 
existed  between  them,  and  of  confirming  the  good 
understanding  which  they  wish  to  be  forever  main- 
tained between  them,  reciprocally  renounce  all  claims 
for  damages  or  injuries  which  they,  themselves,  as  well 
as  their  respective  citizens  and  subjects,  may  have  suf- 
fered until  the  time  of  signing  this  treaty. 

The  renunciation  of  the  United  States  will  extend 
to  all  the  injuries  mentioned  in  the  convention  of  the 
11th  of  August,  1820. 

(2)  To  all  claims  on  account  of  prizes  made  by 
French  privateers,  and  condemned  by  French  Consuls, 
within  the  territory  and  jurisdiction  of  Spain. 

(3)  To  all  claims  of  indemnities  on  account  of  the 


382  A  HISTORY  OF  TEXAS 

suspension  of  the  right  of  deposit  at   New   Orleans 
in  1802. 

(4)  To  all  claims  of  citizens  of  the  United  States 
upon  the  Government  of  Spain,  arising  from  the  un- 
lawful seizures  at  sea,  and  in  the  ports  and  territories 
of  Spain,  or  the  Spanish  colonies. 

(5)  To  all  claims  of  citizens  of  the  United  States 
upon  the  Spanish  Government,  statements  of  which, 
soliciting  the  interposition  of  the  Government  of  the 
United  States,  have  been  presented  to  the  Department 
of  State,  or  to  the  Minister  of  the  United  States  in 
Spain,  since  the  date  of  the  convention  of  1802,  and 
until  the  signature  of  this  treaty. 

The  renunciation  of  His  Catholic  Majesty  extends — - 

(1)  To  all  injuries  mentioned  in  the  convention  of 
the  11th  of  August,  1802. 

(2)  To  the  sums  which  His  Catholic  Majesty  ad- 
vanced for  the  return  of  Captain  Pike  from  the  Provin- 
cias  Internas. 

(3)  To  all  injuries  caused  by  the  expedition  Mi- 
randa, that  was  fitted  out  and  equipped  at  New  York. 

(4)  To  all  claims  of  Spanish  subjects  upon  the  Gov- 
ernment of  the  United  States  arizing  from  unlawful 
seizures  at  sea,  or  within  the  ports  and  territorial  juris- 
diction of  the  United  States. 

Finally  to  all  the  claims  of  subjects  of  His  Catholic 
Majesty  upon  the  Government  of  the  United  States 
in  which  the  interposition  of  his  Catholic  Majesty's 
Government  has  been  solicited,  before  the  date  of  this 
treaty,  and  since  the  date  of  the  convention  of  1802, 
or  which  may  have  been  made  to  the  department  of 


APPENDIX.— I  383 


foreign  affairs  of  His  Majesty,  or  to  His  Minister  in 
the  United  States. 

And  the  high  contracting  parties,  respectively,  re- 
nounce all  claim  to  indemnities  for  any  of  the  recent 
events  or  transactions  of  their  respective  commanders 
and  officers  in  the  Floridas. 

The  United  States  will  cause  satisfaction  to  be  made 
for  the  injuries,  if  any,  which,  by  process  of  law,  shall 
be  established  to  have  been  suffered  by  the  Spanish 
officers,  and  individual  Spanish  inhabitants,  by  the  late 
operations  of  the  American  Army  in  Florida. 

article  x. 

The  convention  entered  into  between  the  two  Gov- 
ernments, on  the  1 1th  of  August,  1802,  the  ratifications 
of  which  were  exchanged  the  21st  December,  1818, 
is  annulled, 

ARTICLE  XI. 

The  United  States,  exonerating  Spain  from  all  de- 
mands in  future,  on  account  of  the  claims  of  their 
citizens  to  which  the  renunciations  herein  contained 
extend,  and  considering  them  entirely  cancelled,  under- 
take to  make  satisfaction  for  the  same,  to  an  amount 
not  exceeding  five  millions  of  dollars.  To  ascertain 
the  full  amount  and  validity  of  those  claims,  a  commis- 
sion, to  consist  of  three  Commissioners,  citizens  of  the 
United  States,  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  which 
commission  shall  meet  at  the  city  of  Washington,  and, 
within  the  space  of  three  years  from  the  time  of  their 
first  meeting,  shall  receive,  examine,  and  decide  upon 


384 A  HISTORY  OF  TEXAS    

the  amount  and  validity  of  all  the  claims  included 
within  the  descriptions  above  mentioned.  The  said  Com- 
missioners shall  take  an  oath  or  affirmation,  to  be  entered 
on  the  record  of  their  proceedings,  for  the  faithful  and 
diligent  discharge  of  their  duties  -y  and,  in  case  of  the 
death,  sickness,  or  necessary  absence  of  any  such  com- 
missioner, his  place  may  be  supplied  by  the  appointment, 
as  aforesaid,  or  by  the  President  of  the  United  States, 
during  the  recess  of  the  senate,  of  another  Commissioner 
in  his  stead.  The  said  Commissioners  shall  be  author- 
ized to  hear  and  examine,  on  oath,  every  question  relative 
to  the  said  claims,  and  to  receive  all  suitable  authentic 
testimony  concerning  the  same.  And  the  Spanish  gov- 
ernment shall  furnish  all  such  documents  and  elucida- 
tions as  may  be  in  their  possession,  for  the  adjustment 
of  the  said  claims,  according  to  the  principles  of  jus- 
tice, the  laws  of  nations,  and  the  stipulations  of  the 
treaty  between  the  two  parties  of  27th  October,  1795; 
the  said  documents  to  be  specified,  when  demanded,  at 
the  instance  of  the  said  Commissioners. 

The  payment  of  such  claims  as  may  be  admitted  and 
adjusted  by  the  said  Commissioners,  or  the  major  part 
of  them,  to  an  amount  not  exceeding  five  millions  of 
dollars,  shall  be  made  by  the  United  States,  either  imme- 
diately at  their  treasury,  or  by  the  creation  of  stock, 
bearing  an  interest  of  six  per  cent  per  annum,  payable 
from  the  proceeds  of  sales  of  public  lands  within  the 
territories  hereby  ceded  to  the  United  States,  or  in  such 
other  manner  as  the  congress  of  the  United  States  may 
prescribe  by  law. 

The  records  of  the  proceedings  of  the  said  Commis- 
sioners, together  with  the  vouchers  and  documents  pro- 


APPENDIX.— I  385 


duced  before  them,  relative  to  the  claims  to  be  adjusted 
and  decided  upon  by  them,  shall,  after  the  close  of  their 
transactions,  be  deposited  in  the  department  of  state  of 
the  United  States  -y  and  copies  of  them,  or  any  part  of 
them,  shall  be  furnished  to  the  Spanish  Government,  if 
required,  at  the  demand  of  the  Spanish  Minister  in  the 
United  States. 

ARTICLE  XII. 

The  treaty  of  limits  and  navigation,  of  1795,  remains 
confirmed  in  all  and  each  one  of  its  articles  excepting 
the  2,  3,  4,  21,  and  the  second  clause  of  the  22d  article, 
which  having  been  altered  by  this  treaty,  or  having  re- 
ceived their  entire  execution,  are  no  longer  valid. 

With  respect  to  the  15th  article  of  the  same  treaty  of 
friendship,  limits,  and  navigation  of  1795,  in  which  it 
is  stipulated  that  the  flag  shall  cover  the  property,  the 
two  high  contracting  parties  agree  that  this  shall  be  so 
understood  with  respect  to  those  Powers  who  recognize 
this  principle  j  but  if  either  of  the  two  contracting  par- 
ties shall  be  at  war  with  a  third  party,  and  the  other  neu- 
tral, the  flag  of  the  neutral  shall  cover  the  property  of 
enemies  whose  Government  acknowledges  this  principle, 
and  not  of  others. 

ARTICLE  XIII. 

Both  contracting  parties,  wishing  to  favour  their  mu- 
tual commerce,  by  affording  in  their  ports  every  neces- 
sary assistance  to  their  respective  merchant-vessels,  have 
agreed  that  the  sailors  who  shall  desert  from  their  ves- 
sels in  the  ports  of  the  other,  shall  be  arrested  and  de- 
livered up,  at  the  instance  of  the  Consul,  who  shall  prove, 


386  A  HISTORY  OF  TEXAS 

nevertheless,  that  the  deserters  belonged  to  the  vessels 
that  claimed  them,  exhibiting  the  document  that  is  cus- 
tomary in  their  nation  ;  that  is  to  say,  the  American  Con- 
sul in  a  Spanish  port  shall  exhibit  the  document  known 
by  the  name  of  articles,  and  the  Spanish  Consul  in 
American  ports  the  roll  of  the  vessel;  and  if  the  name 
of  the  deserter  or  deserters  who  are  claimed  shall 
appear  in  the  one  or  the  other,  they  shall  be  arrested, 
held  in  custody,  and  delivered  to  the  vessel  to  which 
they  shall  belong. 

ARTICLE  XIV. 

The  United  States  hereby  certify  that  they  have  not 
received  any  compensation  from  France  for  the  injuries 
they  suffered  from  her  privateers,  Consuls,  and  tribunals 
on  the  coasts  and  in  the  ports  of  Spain,  for  the  satisfac- 
tion of  which  provision  is  made  by  this  treaty;  and  they 
will  present  an  authentic  statement  of  the  prizes  made, 
and  of  their  true  value,  that  Spain  may  avail  herself  of 
the  same  in  such  manner  as  she  may  deem  just  and 
proper. 

ARTICLE  xv. 

The  United  States,  to  give  to  His  Catholic  Majesty  a 
proof  of  their  desire  to  cement  the  relations  of  amity 
subsisting  between  the  two  nations,  and  to  favour  the 
commerce  of  the  subjects  of  His  Catholic  Majesty,  agree 
that  Spanish  vessels,  coming  laden  only  with  productions 
of  Spanish  growth  or  manufactures,  directly  from  the 
ports  of  Spain,  or  of  her  colonies,  shall  be  admitted,  for 
the  term  of  twelve  years,  to  the  ports  of  Pensacola  and 
St.  Augustine,  in  the  Floridas,  without  paying  other  or 


APPENDIX.— I  387 


higher  duties  on  their  cargoes,  or  of  tonnage,  than  will 
be  paid  by  the  vessels  of  the  United  States.  During  the 
said  term  no  other  nation  shall  enjoy  the  same  privileges 
within  the  ceded  territories.  The  twelve  years  shall 
commence  three  months  after  the  exchange  of  the  rati- 
fications of  this  treaty. 

ARTICLE  XVI. 

The  present  treaty  shall  be  ratified  in  due  form,  by  the 
contracting  parties,  and  the  ratifications  shall  be  ex- 
changed in  six  months  from  this  time,  or  sooner,  if  pos- 
sible. 

In  witness  whereof  we,  the  underwritten  Plenipoten- 
tiaries of  the  United  States  of  America  and  of  His  Cath- 
olic Majesty,  have  signed,  by  virtue  of  our  powers,  the 
present  treaty  of  amity,  settlement,  and  limits,  and  have 
thereunto  affixed  our  seals,  respectively. 

Done  at  Washington  this  twenty-second  day  of  Feb- 
ruary, eighteen  hundred  and  nineteen. 

John  Quincy  Adams    (L.  S.) 
Luis  de  Onis  (L.  S.) 


388 A  HISTORY  OF  TEXAS 

§2. 

AUSTIN'S  CIVIL  AND  CRIMINAL  CODES. 

When  Stephen  F.  Austin  began  the  organization  of 
his  colony  y  after  his  return  from  Mexico  in  1823  ,  he 
was  faced  with  the  necessity  of  providing  the  colonists 
with  laws  for  their  government.  There  were  no  prece- 
dents to  follow  and  he  was  without  anything  to  guide 
him.  He  had  no  choice  but  to  write  the  laws  himself 
and  have  them  approved  by  the  Mexican  authorities. 
He  drew  up  two  sets  of  regulations^  civil  and  criminal^ 
and  upon  their  formal  approval  by  the  political  chief  of 
Texas ,  these  two  codes  became  the  laws  of  the  colony. 
The  colony  was  governed  by  these  laws  until  February 
10y  1828 \  when  co?istitutional  government  was  estab- 
lished in  the  jurisdiction  of  Austin.  The  full  text  of 
these  two  codes  is  given  here: 

CIVIL  REGULATIONS. 

Charged  by  the  superior  authorities  of  the  Mexican 
nation  with  the  administration  of  justice  in  this  colony 
until  its  organization  is  completed,  and  observing  that 
much  difficulty  and  confusion  arise  from  the  want  of 
copies  of  the  laws  and  forms  which  regulate  judicial 
proceedings  before  the  alcaldes — it  having  been  im- 
practicable as  yet  to  obtain  them  with  translations — I 
have  thought  proper,  in  order  to  remedy  these  embar- 
rassments and  to  establish  an  uniform  mode  of  process 
before  the  alcaldes  throughout  the  colony,  to  form  pro- 
visionally, and  until  the  supreme  government  directs 
otherwise,  the  following  regulations: 

Article  1.  There  shall  be  appointed  by  the  judge  of 


APPENDIX.— II  389 


the  colony  an  alguazil  (sheriff)  to  serve  the  process  and 
execute  the  decrees  of  the  said  judge,  and  also  a  con- 
stable for  each  district  to  serve  the  process  of  the 
alcaldes,  who  shall,  before  they  enter  upon  the  duties 
of  their  office,  take  an  oath  to  support  the  constitution 
of  the  Mexican  nation  and  faithfully  to  discharge  the 
duties  of  their  office.  The  alguazil  shall  give  bond,  with 
at  least  two  securities,  in  the  sum  of  one  thousand  dol- 
lars, and  the  constable  shall  give  bond  and  security  in 
the  sum  of  five  hundred  dollars,  each  conditioned  faith- 
fully to  account  for  and  pay  over  all  money  collected 
by  them  according  to  law;  the  securities  of  the  alguazil 
and  constable  shall  be  approved  of  by  the  alcaldes,  sub- 
ject to  the  revision  of  the  judge,  which  bond  shall  be  in 
form  following:  "We,  or  either  of  us,  promise  to  pay 
to  the  judge  of  Austin's  colony  the  sum  of  one  thousand 
dollars,  or  five  hundred  dollars  (as  the  case  may  be),  for 
the  payment  of  which  we  bind  ourselves,  our  heirs,  and 
assigns.  The  condition  of  the  above  obligation  is  such 
that  whereas  L.  M.,  one  of  the  parties  to  this  bond,  has 
been  appointed  alguazil  (or  constable,  as  the  case  may 
be)  of  the  district  of in  said  colony 3  now,  there- 
fore, should  the  said  L.  M.  well  and  truly  execute  and 
discharge  the  duties  of  said  office  of  alguazil  (or  consta- 
ble, as  the  case  may  be)  and  pay  over  all  moneys  collect- 
ed by  him  in  his  official  capacity  according  to  law,  then 
this  bond  shall  be  null  and  void  3  otherwise  to  be  in  full 
force.                                  "Witness:   A.  B.,  Alcalde." 

Art.  2.  The  alcalde  of  each  district  shall  keep  a 
docket  or  register  of  all  his  official  acts,  which  shall  be 
headed,  "Docket  of  the  District  of during  the  ad- 
ministration of  ,  alcalde  of  said  district  for  the 


390 A  HISTORY  OF  TEXAS         

year ,"  which  shall  be  certified  at  the  end  in  the 

form  following:    "I  certify  that  the  foregoing  docket, 

composed  of  — pages,  contains  a  true  record  of  all 

my  official  proceedings  as  alcalde  of  the  district  of , 

in  the  year .  A.  B.,  Alcalde."  Which  docket,  thus 

certified,  shall  be  delivered  by  the  alcalde  to  his  succes- 
sor in  office,  together  with  all  the  official  papers  and  a 
transcript  of  all  the  suits  and  other  unfinished  business 
then  pending,  all  which  shall  be  finished  by  the  alcalde 
in  its  regular  order ;  and  should  a  vacancy  occur  in  the 
office  of  alcalde  before  the  regular  term  of  service  ex- 
pires, the  new  alcalde  appointed  to  fill  said  vacancy  shall 
immediately  take  possession  of  said  docket  and  of  all 
the  official  papers. 

Art.  3.  Any  person  having  cause  of  complaint  against 
another  within  the  jurisdiction  of  an  alcalde  must  pre- 
sent a  written  petition  to  the  alcalde  of  the  proper  dis- 
trict, stating  in  a  short  but  clear  manner  the  cause  and 
nature  of  his  complaint,  to  which  the  alcalde  will  attach 
a  summons  in  the  form  following:  "Austin  Colony, 
District  of .  The  constable  of  said  district  is  com- 
manded to  summons  the  above-named  C.  D.,  if  to  be 
found  in  the  above  district,  to  appear  before  me,  A.  B., 
Alcalde  of  said  district,  at  my  office  (or  wherever  the 
suit  is  to  be  tried),  between  the  hours  of  nine  o'clock 

a.  m.  and  three  o'clock  p.  m.,  on  the day  of , 

to  answer  the  above  complaint  of  E.  F.,  and  on  or  before 
that  day  this  summons  and  the  proceedings  thereon, 

must  be  returned  to  my  office.     Given  this day  of 

.    A.  B.,  Alcalde." 

Art.  4.  The  alcalde  will  fix  the  return  day  of  the 
summons  at  his  discretion,  according  to  the  situation  of 


APPENDIX.— II  391 


the  parties  or  peculiar  circumstances  of  the  case,  allow- 
ing a  reasonable  time  for  the  service  of  the  summons  and 
the  attendance  of  the  parties.  The  summons  must  be 
served  by  the  constable  at  least  five  days  before  the  re- 
turn-day, allowing,  in  addition,  one  day  for  every  fifteen 
miles'  travel  to  the  place  where  the  summons  is  made 
returnable. 

Art.  5.  The  constable,  in  serving  the  summons,  shall 
read  to  defendant  the  complaint  and  the  summons,  in 
order  that  he  may  know  what  he  has  to  answer  to. 

Art.  6.  Should  defendant  be  absent  from  the  district, 
it  shall  be  a  lawful  summons  to  leave  a  copy  of  the  com- 
plaint and  summons,  certified  by  the  constable,  at  de- 
fendant's house,  or  last  place  of  residence,  with  some 
one  of  his  white  family. 

Art.  7.  Should  defendant  not  appear,  either  in  person 
or  by  agent,  on  the  day  appointed  for  the  return  of  the 
summons,  judgment  by  default  may  be  entered  against 
him  by  the  alcalde,  at  his  discretion,  according  to  the 
circumstances  of  the  case,  and  a  notice  shall  then  be 
issued  by  the  alcalde,  and  served  on  him  by  the  constable 

in  form  following:    "District  of  ,  judgment  by 

default  was  entered  in  my  office,  on  the  day  of 

,  against  C.  D.  in  favor  of  E.  F.,  for  the  sum  of 

$ and  costs  of  suit;  the  constable  of  said  district  is 

therefore  commanded  to  notify  said  C.  D.  that  unless 

he  appears  before  me,  at  my  office,  on  the day  of 

— — ,  between  the  hours  of  nine  o'clock  a.  m.  and  three 
p.  m.,  and  shows  cause  why  said  judgment  should  not 
be  final,  execution  will  issue  thereon,  at  which  time  and 
place  this  notice  and  the  proceedings  thereon  must  be 
returned.   Given  under  my  hand  this  — —  day  of . 


392  A  HISTORY  OF  TEXAS 

A.  B.,  Alcalde/5  which  notice  shall  be  served  in  the 
same  manner  as  in  a  case  of  a  summons.  The  cost  of  said 
notice  and  of  the  service  thereof  shall  in  all  cases  be  paid 
by  defendant. 

Art.  8.  Should  the  plaintiff  not  appear  either  in  per- 
son or  by  agent  on  the  day  appointed,  the  suit  shall  be 
dismissed  at  his  cost. 

Art.  9.  On  the  appearance  of  the  parties  either  in 
person  or  by  agent,  it  shall  be  the  duty  of  the  alcalde  to 
try,  in  the  first  place,  to  effect  an  amicable  compromise 
between  them;  should  this  be  ineffectual,  and  the  sum 
in  dispute  is  over  ten  dollars,  he  shall  demand  whether 
either  of  the  parties  wish  for  an  arbitration,  and  if 
neither  of  them  wish  it,  the  alcalde  shall  then  proceed 
to  determine  the  case  according  to  evidence,  and  give 
judgment. 

Art.  10.  If  the  sum  in  dispute  exceeds  ten  dollars, 
and  either  party  demands  an  arbitrator,  the  alcalde  shall 
direct  each  of  them  to  choose  one  arbitrator.  He  shall 
then  at  his  discretion  appoint  a  day  for  trial,  so  as  to 
allow  a  reasonable  time  for  the  arbitrators  and  witnesses 
to  attend,  and  issue  a  summons  for  the  arbitrators,  to  be 
served  by  the  constable  in  the  form  following:  "District 
of ,  E.  F.  versus  C.  D.  The  constable  of  said  dis- 
trict is  commanded  to  summon  G.  H.  and  J.  K.  to  ap- 
pear before  me,  at  my  office  (or  wherever  the  case  is  to 

be  tried),  on  the day  of ,  between  the  hours 

of  nine  o'clock  a.  m.,  and  three  o'clock  p.  m.,  to  serve 
as  arbitrators  in  the  above  suit,  at  which  time  and  place 
this  summons  and  the  proceedings  thereon  must  be  re- 
turned to  me.    Given,  etc.    A.  B.,  Alcalde." 

Art.  11.  No  person  can  be  an  arbitrator  who  is  re- 


APPENDIX.— II  393 


lated  to  either  party  nearer  than  the  fourth  degree,  or 
who  is  in  any  manner  interested  in  the  event  of  the  suit, 
directly  or  indirectly,  or  who  is  notoriously  a  man  of  bad 
character. 

Art.  12.  Any  person  summoned  as  an  arbitrator  shall 
serve,  unless  excused  by  the  alcalde,  under  the  fine  of 
ten  dollars. 

Art.  13.  The  arbitrators  shall  receive  fifty  cents, 
and  five  cents  mileage  going  and  returning,  to  be  taxed 
with  the  other  costs. 

Art.  14.  On  the  appearance  of  the  arbitrators  at  the 
time  and  place  appointed,  the  alcalde  shall  first  swear 
the  arbitrators  to  answer  truly  to  such  questions  as  he 
may  ask,  and  the  alcalde  shall  then  put  the  following 
interrogations  to  each  of  them:  "Are  you  related  to 
either  of  the  parties  in  this  case  nearer  than  the  fourth 
degree? "  "Are  you  in  any  manner  interested  in  the  event 
of  this  suit,  directly  or  indirectly?"  And  should  it  ap- 
pear to  the  satisfaction  of  the  alcalde  that  neither  of 
them  were  related  to  either  party,  nor  interested  in  the 
event  of  the  suit,  nor  were  of  infamous  character,  he 
shall  swear  them  impartially  to  try  and  determine  the 
suit  or  controversy  then  pending  between  E.  F.  and 
C.  D.,  and  to  give  a  true  verdict  according  to  evidence. 
The  alcalde  shall  then  swear  the  witnesses,  and  in  con- 
junction with  the  arbitrators  proceed  to  hear  the  evi- 
dence and  decide  the  case ;  any  two  of  them  concurring 
shall  be  sufficient  to  give  a  verdict,  on  which  judgment 
shall  be  entered  by  the  alcalde.  Should  the  arbitrators 
not  attend,  or  be  rejected  for  cause,  others  shall  be  named 
and  summoned,  and  a  new  day  of  trial  appointed. 

Art.  15.  The  alcalde  may,  at  his  discretion,  postpone 


394  A  HISTORY  OF  TEXAS 

a  case  and  appoint  a  new  day  of  trial  for  want  of  evi- 
dence, on  either  party's  showing  on  oath,  to  the  satisfac- 
tion of  the  alcalde,  that  due  diligence  has  been  used  to 
procure  his  evidence;  provided  that  said  postponement 
shall  be  at  the  cost  of  the  party  applying  for  it. 

Art.  16.  The  jurisdiction  of  the  alcaldes  shall  ex- 
tend to  all  sums  under  two  hundred  dollars;  sums  over 
that  amount  will  be  decided  by  the  judge  of  the  colony. 

Art.  17.  The  decision  of  the  alcalde  alone  shall  be 
final  in  all  sums  under  ten  dollars,  and  in  all  sums  over 
ten  and  under  twenty-five,  the  decision  of  the  alcalde 
alone  (if  no  arbitrator  was  demanded),  or  of  the  arbi- 
trators if  they  were  called  on,  shall  also  be  final. 

Art.  18.  The  judgment  shall  in  all  cases  conform, 
as  nearly  as  practicable,  to  the  contract  of  the  parties; 
that  is,  if  the  contract  is  for  money,  the  judgment  be 
for  money,  and  if  property,  or  a  specific  kind  of  prop- 
erty, the  judgment  must  be  entered  accordingly,  always 
taking  into  consideration  the  value  of  the  property  at 
the  time  the  debt  was  due,  and  the  loss  sustained  by 
not  receiving  it  according  to  contract ;  and  the  execution 
must  issue  for  so  much  in  cash,  or  so  much  in  property, 
according  to  the  judgment  and  the  circumstances  of 
the  case. 

Art.  19.  Stay  of  execution  may  be  allowed  by  the 
alcaldes,  at  their  discretion,  according  to  the  situation 
of  the  parties  or  the  peculiar  circumstances  of  the  case 
on  giving  good  security  as  follows:  On  all  sums  under 
twenty-five  dollars,  twenty-five  days;  on  all  sums  over 
twenty-five  dollars  and  under  fifty  dollars,  forty  days; 
on  sums  over  fifty  dollars  and  under  seventy-five  dollars, 
sixty  days;  on  sums  over  seventy-five  dollars  and  under 


APPENDIX.— II  395 


one  hundred  dollars,  eighty  days;  on  sums  over  one 
hundred  dollars  and  under  one  hundred  and  fifty  dollars, 
one  hundred  days;  and  on  sums  over  one  hundred  and 
fifty  dollars,  one  hundred  and  twenty  days.  The  al- 
caldes may  at  their  discretion  allow  ten  days  for  the 
party  to  procure  the  securities  for  stay  of  execution. 

Art.  20.  Either  party  shall  have  the  right  of  appeal- 
ing from  the  decision  of  the  alcalde  where  the  sum 
exceeds  twenty-five  dollars,  by  giving  at  least  two  good 
and  sufficient  securities,  to  be  approved  by  the  alcalde, 
subject  to  the  revision  of  the  judge  of  the  colony,  for 
double  the  amount  of  the  judgment  and  costs.  The 
party  wishing  to  appeal  shall  notify  the  alcalde  thereof 
when  the  judgment  is  declared,  and  ten  days  may  then 
be  allowed  him  at  the  discretion  of  the  alcalde  to  pro- 
cure his  securities.  The  alcalde  shall  enter  on  his  docket 
that  the  party  had  given  notice  of  his  intention  to 
appeal,  and  shall  write  an  appeal-bond  in  form  follow- 
ing:   "We,  or  either  of  us,  promise  to  pay  the  sum  of 

$ to  E.  F.,  for  the  payment  of  which  we  bind 

ourselves,  our  heirs,  and  assigns.  The  condition  of  the 
above  obligation  is  such  that  whereas  the  said  E.  F. 
obtained  a  judgment  against  C.  D.,  one  of  the  parties 
to  this  bond,  before  A.  B.,  Alcalde  for  the  District  of 

,  in  Austin's  Colony,  on  the —  day  of ,  for 

the  sum  of  $ debt  and  damages  and dollars 

costs  of  suit,  from  which  judgment  said  C.  D.  appeals; 
now,  therefore,  should  the  said  C.  D.  prosecute  said  ap- 
peal and  fully  execute  and  comply  with  the  judgment 
which  the  judge  of  this  colony  may  give  on  said  appeal, 
and  pay  to  the  said  E.  F.  the  amount  of  money  or  prop- 
erty awarded  to  him  by  the  judgment  of  said  judge, 


396  A  HISTORY  OF  TEXAS 


together  with  the  costs  of  suit,  then  this  obligation  to 
be  null  and  void,  otherwise  to  be  in  full  force.  Given  un- 
der our  hands  this —  day  of .   Witness,  A.  B., 

Alcalde. "  And  should  the  plaintiff  appeal,  the  bond 
shall  be  taken  for  double  the  amount  of  the  costs  already 
accrued,  and  conditioned  to  abide  by  the  final  judgment 
of  the  judge  of  the  colony.  The  Alcalde  shall  then  enter 
upon  his  docket  the  date  and  amount  of  the  bond  and 
the  names  of  the  securities,  and  shall  make  out  a  tran- 
script of  all  the  proceedings  in  the  case  and  send  them 
up  within  twenty  days,  together  with  the  appeal-bond 
and  all  the  depositions  and  papers  of  the  case,  in  a 
sealed  packet,  to  the  judge  of  the  colony.  Should  the 
judge  of  the  colony  decide  that  the  appeal  was  entered 
for  frivolous  causes  for  the  object  of  delay,  he  shall 
condemn  the  appellant  to  pay  the  appellee  twenty  per 
cent  damages  on  the  amount  of  the  judgment. 

Art.  21.  Should  no  stay  of  execution  nor  appeal  be 
entered,  an  execution  shall  issue  returnable  at  the  dis- 
cretion of  the  alcalde  within  sixty  days,  which  execution 
shall  be  in  the  form  following:  "Austin's  Colony,  Dis- 
trict of ,  E.  F.  versus  C.  D.   The  constable  of  said 

district  is  hereby  commanded  to  seize  and  expose  to 
public  sale,  according  to  law,  the  property  of  C.  D.,  the 
defendant  in  the  above  suit,  or  so  much  thereof  as  may 
be  necessary  to  pay  E.  F.,  the  plaintiff  in  the  above  suit, 

the  sum  of  $ and  costs  of  suit,  being  the  amount 

of  a  judgment  entered  in  my  office  on  the  day 

of against  C.  D.  in  favor  of  E.  F.;  and  should  the 

said  C.  D.  have  no  property,  the  constable  is  commanded 
to  take  the  body  of  said  C.  D.  and  bring  him  to  me  at  my 


APPENDIX.— II  397 


office.    This  execution  and  proceedings  thereon  must  be 

returned  to  my  office  within days.  Given  this 

day  of ." 

Art.  22.  The  constable  shall,  as  soon  as  may  be  after 
the  receipt  of  said  execution,  levy  upon  and  seize  as 
much  property  of  the  person  against  whom  it  is  issued 
as  will  be  sufficient  to  satisfy  the  debt  and  costs,  and 
shall  then  advertise  the  same  for  sale,  giving  at  least 
thirty  days'  notice  in  case  of  real  property,  negroes,  or 
imperishable  property,  and  at  least  ten  days'  notice  in 
the  case  the  property  is  of  a  perishable  nature  or  is  in 
danger  of  being  destroyed  or  lost  by  longer  delay;  which 
notice  shall  be  posted  up  in  at  least  four  of  the  most 
public  and  conspicuous  places  in  the  district. 

Art.  23.  In  case  no  property  belonging  to  defendant 
can  be  found  by  the  constable  and  his  body  should  be 
seized,  the  alcalde  shall  examine  into  his  circumstances, 
and  should  it  appear  to  the  satisfaction  of  the  alcalde 
that  defendant  has  not  fraudulently  conveyed  his  prop- 
erty out  of  his  hands,  or  concealed  it  to  elude  the  pay- 
ment of  his  just  debts,  he  shall  discharge  him;  but 
should  it  appear  to  the  satisfaction  of  the  alcalde  that 
defendant  has  fraudulently  conveyed  away  or  concealed 
his  property,  then  in  such  case  the  alcalde  may  at  his 
discretion  hire  out  the  defendant  to  the  highest  bidder 
until  his  wages  paid  the  debt. 

Art.  24.  Should  any  one  make  oath  to  the  satisfaction 
of  the  alcalde  that  any  person  was  justly  indebted  to  him 
in  a  specific  sum  then  due  or  due  at  some  future  period, 
and  that  said  person  was  about  to  abscond  or  remove 
from  the  colony,  or  was  about  to  remove  his  property, 
so  that  the  debt  was  in  danger  of  being  lost,  the  alcalde 


398  A  HISTORY  OF  TEXAS 

may  at  his  discretion  issue  an  attachment  returnable 
forthwith  to  seize  the  property  of  the  person  thus  about 
to  remove  or  abscond,  or  to  seize  his  person  and  detain 
said  property  or  the  person  until  a  judgment  and  execu- 
tion should  issue  in  the  case;  provided  that  said  attach- 
ment may  be  raised  and  the  property  and  person  released 
on  giving  good  and  sufficient  appearance  bail,  to  be  ap- 
proved by  the  alcalde,  and  provided  that  the  person 
suing  out  said  attachment  gives  sufficient  security  to  in- 
demnify the  defendant,  should  it  appear  that  the  attach- 
ment was  sued  out  without  just  cause. 

Art.  25.  Should  it  appear  to  the  alcalde  that  any  per- 
son who  was  security  for  the  stay  of  execution,  or 
security  on  an  appeal-bond,  or  in  a  special  bail-bond,  or 
security  for  a  constable,  was  about  to  abscond,  or  remove 
from  the  colony,  or  was  about  to  remove  his  property  so 
that  it  could  not  be  come  at  in  the  event  of  its  becoming 
liable,  he  may  at  his  discretion  detain  such  person  or 
said  property  until  other  and  satisfactory  security  was 
entered. 

Art.  26.  Should  any  person  make  oath  to  the  satis- 
faction of  the  alcalde  that  any  one  was  about  to  remove 
out  of  this  colony  and  property  to  which  such  person 
had  the  legal  possession  for  the  time  being,  but  not  a 
legal  title,  and  that  such  property  was  in  danger  of  being 
lost  to  its  legal  owner  by  such  removal,  the  alcalde  may 
at  his  discretion  cause  such  person  to  appear  forthwith 
before  him  with  the  said  property,  and  compel  him  to 
give  up  said  property  to  its  legal  owner,  or  give  security 
that  it  should  not  be  removed  out  of  this  colony. 

Art.  27.  In  all  cases  where  the  cause  of  action  accrued 
out  of  this  nation,  neither  party  being  a  citizen  or  in- 


APPENDIX.— II  399 


habitant  of  this  nation  at  the  time  when  the  debt  was 
contracted,  application  must  be  made  to  the  judge  of 
the  colony. 

Art.  28.  In  case  the  right  of  property  should  be  dis- 
puted, the  alcalde  shall  summon  the  parties  to  appear 
before  him  and  decide  the  case. 

Art.  29.  The  alcalde  may  at  his  discretion  appoint 
one  regular  court  day  per  month,  and  make  all  sum- 
monses returnable  accordingly. 

Art.  30.  The  following  is  established  as  the  fee-bill 
of  the  several  officers  mentioned. 


alcalde's  fees. 

Issuing  a  criminal  warrant 

4  bits 

For  a  forthwith  summons 

3   " 

Subpoena 

2  " 

Summons 

2  " 

Subpoena  for  arbitration 

2  " 

Judgment 

3  " 

Entering  stay  of  execution 

2  " 

Entering  appeal  and  writing  appeal-bond  8  " 

Issuing  execution  2  " 

Entering  special  bail  and  taking  bond  in 

case  of  attachment  3  " 

Do.  recording,  for  every  100  words         Y2  a 


ALGUAZIL  AND  CONSTABLE  FEES. 

Serving  a  criminal  warrant  8  bits 

Serving  a  forthwith  warrant  4  a 

Summons  2  " 

Subpoena  2  " 

Summoning  arbitrators  or  jury  3   u 

Mileage  going  and  returning  5  cents  a  mile 


400  A  HISTORY  OF  TEXAS 

Levying  an  execution  2  bits 

Selling  property  and  collecting  money, 

4  per  cent  on  sums  under  $200 — and 

1  per  cent  on  every  $100  after. 

Given  at  the  town  of  San  Felipe  de  Austin,  in  the 
province  of  Texas,  this  22d  day  of  January,  1824, 
fourth  year  of  independence  and  third  year  of  the  liberty 
of  the  Mexican  nation. 

Stephen  F.  Austin. 

ADDITIONAL    ARTICLES    DICTATED    BY    THE    POLITICAL 
CHIEF  OF  THE  PROVINCE  OF  TEXAS. 

Article  31.  Should  any  person  take  up  a  stray  animal 
that  appears  to  have  been  owned  by  some  one,  he  shall 
within  eight  days  give  notice  thereof  to  the  alcalde  of 
the  district,  in  writing,  together  with  a  full  description 
of  the  stray,  its  marks  and  brands,  which  written  de- 
scription must  be  certified  to  be  correct  by  at  least  two 
disinterested  witnesses.  The  alcalde  shall  enter  said 
notice  in  his  record-book  and  immediately  advertise  the 
same  5  and  should  no  owner  appear  within  six  months 
to  claim  said  stray,  the  alcalde  shall  sell  it  at  a  public 
sale  and  deliver  the  proceeds  to  the  political  chief  of  the 
colony,  to  be  deposited  in  the  funds  of  the  colony,  to  be 
paid  over  to  the  legal  owner  if  called  for  within  one 
year,  and  if  not  called  for  in  that  time,  to  be  applied  to 
public  uses.  There  shall  be  allowed  to  the  person  who 
takes  up  a  stray  one  dollar  if  it  is  a  horse  or  mare,  one 
dollar  and  a  half  if  it  is  a  mule,  and  half  a  dollar  if  it  is 
a  yearling,  and  a  reasonable  compensation  for  taking  up 
the  stray,  to  be  decided  by  the  alcalde. 

Art.  32.  Each  person  will  choose  his  own  mark  or 


APPENDIX.— II  401 


brand,  and  enter  it  on  record  in  the  office  of  the  alcalde 
of  the  district,  who  may  receive  twenty-five  cents  there- 
for; and  a  person  who  has  thus  recorded  his  mark  or 
brand  shall  have  the  preference  thereto  over  any  other; 
and  should  another  settle  near  him  with  a  similar  mark 
or  brand,  the  alcalde  may  compel  him  to  alter  it. 

Stephen  F.  Austin. 

San  Felipe  de  Austin,  May  23,  1824 — -4th  and  3d. 

In  the  town  of  San  Felipe  de  Austin,  24th  May,  1 824. 
Jose  Antonio  Saucedo,  first  member  of  the  most  excellent 
deputation,  and  political  chief  of  the  province  of  Texas, 
having  seen  the  thirty-two  articles  which  are  contained 
in  the  foregoing  regulations,  and  informed  of  their  con- 
tents by  means  of  the  translation  which  I  have  received 
of  them  in  the  Spanish  language,  and  considering  how 
important  the  observance  of  all  and  each  one  of  them  is 
for  the  preservation  of  good  order  in  this  new  colonial 
establishment,  I  have  approved  them,  as  by  this  decree  I 
do  approve  them,  in  order  that  they  may  provisionally 
and  temporarily  govern;  and  in  all  cases  that  may  occur, 
all  the  territorial  authorities  shall  be  regulated  by  them 
in  this  district  until  sanction  and  circulation  are  given 
to  the  Constitution  and  general  laws  of  the  government, 
and  particularly  those  of  the  state;  ordering  that  after 
having  published  them  in  customary  form  copies  shall 
be  made,  authorized  by  the  principal  judge,  Stephen  F. 
Austin,  and  delivered  to  the  respective  alcaldes  for  theii: 
observance  and  compliance. 

By  this  act  I  order  it,  and  have  signed  it  in  presence 


402  A  HISTORY  OF  TEXAS 

of  two  witnesses,  for  the  want  of  a  secretary,  as  is  re- 
quired in  such  cases,  and  to  this  I  give  full  faith. 

Jose  Antonio  Saucedo. 
Witnesses : 

David  McCormick. 

John  Austin. 

criminal  regulations. 

TO  ALL  PERSONS:— Charged  by  the  superior  au- 
thorities of  the  Mexican  nation  with  the  government  of 
this  colony  until  its  organization  is  completed,  and  ob- 
serving that  the  public  peace  and  safety  of  the  settlers 
is  jeopardized  by  the  pilfering  depredations  of  strolling 
parties  of  Indians  and  robbers,  and  also  that  the  good 
order  of  the  colony  is  endangered  by  the  introduction  and 
transit  of  men  of  bad  character  and  its  good  morals 
scandalized  by  their  irregular  conduct,  I  have  thought 
proper,  in  order  more  effectually  to  insure  good  govern- 
ment, security,  and  tranquillity,  to  decree  as  follows: 

Art.  1.  On  the  appearance  of  any  Indian  or  Indians 
in  the  neighborhood  of  any  of  the  settlements  of  this 
colony,  whose  conduct  justifies  a  belief  that  their  inten- 
tions are  to  steal,  or  commit  hostilities,  or  who  threaten 
any  settler,  or  are  rude  to  women  or  children,  it  shall  be 
the  duty  of  all  and  every  person  to  take  such  Indian  or 
Indians  into  custody,  if  in  his  or  their  power  to  do  so, 
and  convey  them  forthwith  to  the  nearest  alcalde,  or 
captain  of  militia,  avoiding  the  use  of  arms  in  all  cases, 
unless  compelled  to  resort  to  them. 

Art.  2.  In  case  the  Indian  or  Indians  mentioned  in 
the  last  article  should  be  so  numerous  as  to  require  a 
strong  party  to  take  them,  and  the  men  in  the  immediate 


APPENDIX.— II  403 


neighborhood  are  insufficient,  it  shall  be  the  duty  of  the 
persons  who  first  discovered  them,  or  who  are  the  most 
interested  in  their  removal,  to  give  notice  thereof  to  the 
nearest  captain  of  the  militia;  and  should  it  appear  prob- 
able to  said  captain  that  said  Indians  are  of  suspicious 
character,  or  that  they  have  behaved  improperly,  he 
shall  forthwith  call  out  as  many  men  as  may  be  neces- 
sary to  pursue  and  take  said  Indians  prisoners,  always 
avoiding  the  use  of  arms,  if  possible. 

Art.  3.  The  alcalde  or  captain  before  whom  said  In- 
dians are  brought  shall  examine  them,  hearing  testimony 
as  to  their  conduct ;  and  should  it  appear  that  said  In- 
dians are  of  a  suspicious  character,  or  that  they  live  at 
a  distance  and  are  rambling  through  the  province  with- 
out license  from  the  proper  authority,  and  under  suspi- 
cious circumstances,  it  shall  be  the  duty  of  the  said 
alcalde  or  captain  to  order  said  Indians  to  depart  imme- 
diately from  the  neighborhood  of  all  the  settlements  of 
this  colony  under  the  penalty  of  receiving  severe  chas- 
tisement if  taken  under  similar  circumstances  a  second 
time,  and  they  shall  be  sent  under  guard  beyond  the 
settlement  or  delivered  to  the  chiefs  of  their  nation,  who 
shall  be  informed  of  the  circumstances  of  the  case  and 
admonished  to  keep  their  men  at  home. 

Art.  4.  Should  it  appear  on  examination  as  afore- 
said that  said  Indians  had  been  rude  to  or  ill-treated  any 
settlers  without  cause  of  provocation,  it  shall  be  the  duty 
of  said  alcalde  or  captain  to  punish  said  Indian  or  In- 
dians according  to  the  nature  of  the  offence,  with  any 
number  of  lashes  not  exceeding  twenty-five,  and,  if 
deemed  necessary,  send  them  under  guard  beyond  the 


404  A  HISTORY  OF  TEXAS 

limits  of  the  settlements  or  deliver  them  to  the  chiefs 
of  their  nation,  giving  an  account  of  their  conduct  and 
the  punishment  they  had  received. 

Art.  5.  No  person  within  this  colony  shall  ill-treat 
or  in  any  manner  abuse  any  Indian  or  Indians  without 
just  cause,  under  the  penalty  of  one  hundred  dollars* 
fine  for  the  first  offence,  and  two  hundred  dollars  for 
the  second,  but  shall  treat  them  at  all  times  and  in  all 
places  in  a  friendly,  humane,  and  civil  manner  so  long 
as  they  deserve  it. 

Art.  6.  Should  any  murder,  theft,  robbery,  or  other 
depredations  be  committed,  it  shall  be  the  duty  of  any 
person  to  apprehend  the  criminal  or  criminals  concerned 
in  it,  if  in  his  or  their  power  to  do  so,  and  convey  him  or 
them  to  the  nearest  alcalde,  for  which  purpose  they  are 
authorized  to  use  arms.  If  the  criminal  or  criminals 
have  fled  or  are  in  force,  information  shall  be  given  on 
oath  to  the  nearest  militia  officer  or  alcalde,  who  shall 
forthwith  raise  men  and  follow  the  criminal  or  crimi- 
nals, and  should  he  or  they  be  overtaken  and  refuse  to 
surrender  or  attempt  to  escape  by  flight,  the  officer  in 
command  may  order  his  men  to  fire  on  and  kill  said 
criminal  or  criminals,  he  being  always  responsible  for 
the  death  or  ill-treatment  of  an  innocent  person.  The 
prisoners  shall  be  brought  in  and  delivered  to  the  alcalde 
of  the  district  for  trial,  and  the  stolen  property  recov- 
ered shall  also  be  delivered  to  the  said  alcalde  to  be 
returned  to  the  legal  owners;  and  should  any  property 
be  taken  belonging  to  the  criminal  or  criminals,  it  shall 
also  be  delivered  to  the  alcalde,  who  shall  immediately 
send  an  inventory  thereof,  together  with  an  exact  ac- 


APPENDIX.— II  405 


count  of  all  the  proceedings  in  the  case,  to  the  superior 
judge  of  the  colony. 

Art.  7.  No  gambling  of  any  description,  under  any 
pretext  or  name,  shall  be  permitted  in  this  colony,  and 
the  person  or  persons  who  violate  this  article  shall  be 
fined,  on  conviction  thereof,  in  a  sum  not  less  than 
twenty  nor  more  than  two  hundred  dollars;  and,  more- 
over, shall  forfeit  the  wheel,  table,  cards,  or  other  instru- 
ment, thing,  or  machine  used  for  gambling;  and  the  per- 
son who  permits  any  gambling  in  his  house  or  on  his 
premises  shall  be  fined  in  a  sum  of  not  less  than  twenty 
nor  more  than  two  hundred  dollars. 

Horse-racing  being  calculated  to  improve  the  breed 
of  horses  is  not  included  in  the  above  prohibition,  but  no 
debt  contracted  thereby  shall  be  recoverable  in  law. 

Art.  8.  Profane  swearing  and  drunkenness  are  misde- 
meanors against  the  good  morals  and  good  order  of  the 
colony,  and  any  person  convicted  thereof  shall  be  fined 
in  a  sum  not  less  than  one  dollar  and  more  than  ten.  Any 
person  convicted  of  habitual  drunkenness  shall,  more- 
over, be  liable  to  be  imprisoned  in  the  common  jail,  any 
number  of  hours  not  exceeding  forty-eight.  The  al- 
calde shall  execute  and  carry  into  full  effect  this  article 
without  first  sending  the  proceedings  to  the  superior 
judge,  as  is  provided  in  the  nineteenth  article. 

Art.  9.  Living  publicly  with  a  woman  as  man  and 
wife  without  first  being  lawfully  united  by  the  bands  of 
matrimony  is  a  gross  violation  of  the  laws  of  this  nation, 
and  a  high  misdemeanor,  and  the  man  or  woman  who 
is  convicted  thereof  shall  be  fined  in  a  sum  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred,  and  be 
liable  to  be  condemned  to  hard  labor  on  public  works 


406 A  HISTORY  OF  TEXAS 

until  the  superior  government  of  the  province  decides 
the  case.  This  article  is  not  to  take  effect  as  regards  the 
cases  that  now  exist  until  sixty  days  after  the  arrival  of 
the  curate  of  this  colony. 

Art.  10.  No  person  within  this  colony  shall  harbor  or 
protect  any  runaway  slave  belonging  to  any  person 
within  this  colony,  or  out  of  it,  but  shall  immediately 
give  information  or  deliver  said  slave  to  his  owner,  or 
to  an  alcalde,  if  the  slave  belongs  within  this  colony,  and 
to  the  superior  judge,  if  such  slave  is  from  a  foreign 
country,  or  any  part  of  the  nation.  Any  person  who  vio- 
lates this  article  shall,  on  conviction  thereof,  pay  all  the 
damages  which  the  owner  of  such  slave  may  sustain  in 
consequence  of  the  loss  of  his  labor,  and  shall,  moreover, 
be  finable  in  any  sum  not  exceeding  five  hundred  dol- 
lars, and  be  condemned  to  hard  labor  on  public  works 
until  the  superior  government  decides  on  the  case. 

Art.  1 1 .  Any  person  who  shall  be  convicted  of  steal- 
ing any  slave  or  slaves,  or  enticing,  or  inducing  them 
to  run  away,  shall  be  fined  in  a  sum  not  exceeding  one 
thousand  dollars,  and  be  condemned  to  hard  labor  on 
the  public  works  until  the  superior  government  decides 
on  the  case. 

Art.  12.  Any  slave  who  shall  steal  any  money  or 
property  shall,  oh  conviction  thereof,  be  punished  with 
any  number  of  lashes  not  less  than  ten  nor  more  than 
one  hundred,  and  the  property  shall  be  returned;  the 
owner  or  his  agent  shall  be  notified  to  attend  at  the  trial. 
Should  the  owner  or  his  agent  not  wish  to  have  the  slave 
whipped,  he  shall  have  the  privilege  of  preventing  it 
by  paying  three  times  the  amount  of  the  property  stolen, 
one-third  of  which  shall  go  to  the  owner  of  the  prop- 


APPENDIX.— II  407 


erty  and  the  other  two-thirds  to  public  uses;  the  master 
to  pay  the  costs. 

Art.  1 3.  And  it  shall  be  the  duty  of  every  person  who 
shall  find  any  slave  from  his  master's  premises  without  a 
pass  from  his  master  or  overseer  to  tie  him  up  and  give 
him  ten  lashes;  and  should  the  appearance  of  such  slave 
justify  the  belief  that  he  had  run  away  it  shall  be  the 
duty  of  the  person  who  takes  him  up  to  deliver  him  to 
his  owner  or  overseer  or  to  the  nearest  alcalde,  who  shall 
immediately  notify  the  master  thereof,  and  the  said 
owner  or  his  agent  shall  in  such  cases  pay  to  the  person 
apprehending  said  negro,  and  to  the  alcalde,  should  said 
slave  be  delivered  to  him,  all  reasonable  costs  and  ex- 
penses. 

Art.  14.  No  person  shall  trade  or  traffic  with  any 
slave  without  permission  from  the  owner  or  his  agent, 
under  the  penalty  of  paying  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  and  also 
of  paying  treble  the  amount  of  the  property  purchased 
from  such  slave,  should  it  appear  that  it  had  been  stolen. 

Art.  15.  Any  person  who  shall  be  convicted  of  steal- 
ing any  money,  horse,  or  other  property  shall  pay  treble 
the  amount  of  the  property  stolen,  and  be  condemned  to 
hard  labor  on  public  works  until  the  superior  govern- 
ment decides  on  the  case. 

Art.  16.  Any  person  who  shall  wilfully  or  malicious- 
ly assault  another,  or  who  shall  maim,  beat,  abuse,  or 
ill-treat  him  or  her,  shall,  on  conviction  thereof,  be  fined 
in  any  sum  not  exceeding  one  hundred  dollars,  and  be 
liable  to  imprisonment  not  exceeding  three  months,  and 
shall,  moreover,  give  security  for  his  good  behavior,  and 
also  be  liable  in  a  suit  for  damages  to  the  person  injured. 


408  A  HISTORY  OF  TEXAS 

Art.  17.  Any  person  who  shall  falsely  and  mali- 
ciously slander  another  shall,  on  conviction  thereof,  be 
fined  in  a  sum  not  less  than  ten  nor  more  than  one  hun- 
dred dollars,  and  shall,  moreover,  be  liable  in  a  civil  suit 
to  the  party  injured. 

Art.  18.  Any  person  who  shall  introduce  into  this 
colony  any  counterfeit  paper  or  metal  money,  whether 
of  this  nation  or  any  foreign  nation,  or  who  shall  pass  or 
attempt  ot  pass  any  such  money,  knowing  or  believing 
it  to  be  counterfeit,  shall,  on  conviction  thereof,  pay  a 
fine  of  double  the  amount  of  the  money  introduced  or 
passed,  or  attempted  to  be  passed,  and  shall,  moreover, 
be  condemned  to  hard  labor  on  public  works  until  the 
superior  government  decides  on  the  case. 

Art.  19.  Should  it  come  to  the  knowledge  of  any  al- 
calde that  any  person  has  been  guilty  of  crime,  gross 
immorality,  breach  of  the  peace,  or  other  violation  of 
the  laws  or  of  this  decree,  he  shall  forthwith  cause  such 
person  to  appear  before  him,  and  make  a  complete  rec- 
ord of  the  testimony  and  proceedings  in  the  case,  com- 
pelling the  attendance  of  witnesses  on  both  sides,  or  is- 
suing a  commission  to  take  depositions,  where  the  wit- 
nesses live  without  the  district,  and  taking  the  declara- 
tion of  the  accused  in  writing,  which  record,  together 
with  the  opinion  of  the  alcalde  and  the  verdict  of  a  jury 
of  six  disinterested  and  honest  men  who  shall  be  sum- 
moned and  sworn  by  said  alcalde  to  decide  on  the  facts 
of  the  case  shall  be  sent  up  to  the  superior  judge  as  soon 
as  possible  for  final  judgment.  The  prisoner  shall  have 
the  right  of  sending,  to  said  superior  judge  his  defence 
in  writing  or  should  he  be  unable  to  write  or  have  no 
friend  to  do  it  for  him  the  alcalde  shall  cause  what  he 


APPENDIX.— II  409 


may  dictate  to  be  written.  Should  it  appear  that  the 
crime  is  capital,  or  of  a  nature  to  deserve  corporal  pun- 
ishment, such  alcalde  shall  detain  the  accused  as  a  pris- 
oner and  cause  him  to  be  guarded,  and  if  necessary  put 
him  in  irons  or  in  stocks  until  judgment  is  finally  pro- 
nounced, for  which  purpose,  and  until  a  jail  is  provided, 
the  alcalde  is  hereby  authorized  to  summon  men  as  a 
guard,  who  shall  serve  and  be  responsible  for  the  pris- 
oner, under  the  penalty  of  a  fine  imposed  by  the  seventh 
article  of  the  instructions,  given  by  order  of  the  governor 
of  this  province  to  the  alcaldes  on  the  26th  day  of  No- 
vember, 1822.  And  should  the  offence  not  merit  cor- 
poral punishment,  the  said  alcalde  may  at  his  discretion 
release  the  prisoner  on  bail,  subject  to  appear  and  abide 
by  the  final  judgment  in  the  case. 

Art.  20.  Should  it  come  to  the  knowledge  of  any 
alcalde  that  a  person  of  bad  character,  a  vagabond,  or 
a  fugitive  from  justice  is  within  the  limits  of  his  dis- 
trict, either  as  a  traveler  or  resident  inhabitant,  it  shall 
be  the  duty  of  such  alcalde  to  cause  such  person  to  appear 
forthwith  before  him  to  answer  to  such  accusation,  and 
to  such  interrogatories  as  the  alcalde  may  deem  proper 
to  put;  and  after  recording  the  evidence  on  both  sides, 
and  the  interrogatories  and  answers,  the  said  record,  to- 
gether with  the  opinion  of  the  alcalde  and  the  defence 
of  the  person,  shall  be  sent  up  to  the  superior  judge  for 
final  judgment,  and  the  alcalde  may  detain  such  person 
as  a  prisoner  until  a  final  decision,  should  it  appear  that 
the  public  security  and  common  good  require  it. 

Art.  21.  Any  person  who  shall  oppose  the  adminis- 
tration of  justice  or  prevent  the  execution  of  any  legal 
process,  order,  or  decree,  or  shall  insult  or  abuse  any 


410  A  HISTORY  OF  TEXAS 


alcalde,  or  other  officer,  while  in  the  exercise  of  his  offi- 
cial duties,  shall,  on  conviction  thereof  before  the 
alcalde,  be  fined  by  him  in  any  sum  not  exceeding  fifty 
dollax-s,  and  be  imprisoned  not  exceeding  one  month  5 
and  should  the  case  be  a  flagrant  one,  he  shall,  move- 
over,  be  liable  to  a  criminal  prosecution,  and,  on  con- 
viction, be  condemned  to  hard  labor  on  public  works 
until  the  superior  government  decides  on  the  case. 

Art.  22.  In  all  cases  where  a  person  fined  is  unable  to 
pay  said  fine,  or  to  give  security  therefor,  he  shall  be 
condemned  to  labor  on  public  works  until  his  wages  at 
the  usual  rate  allowed  in  the  country  will  amount  to 
said  fine. 

Art.  23.  In  all  criminal  cases,  the  party  convicted 
shall  pay  all  the  costs,  for  which  purpose  his  property 
may  be  seized  and  sold  under  an  execution  from  the 
alcalde  of  the  district. 

Art.  24.  All  writs,  warrants,  and  executions  in  crimi- 
nal cases  shall  be  issued  in  the  name  of  the  Mexican 
nation. 

Art.  25.  Should  any  piratical  or  other  vessels  of  a 
doubtful  or  suspicious  character  appear  on  the  coast,  or 
enter  any  river  or  inlet  within  this  colony,  it  should  be 
the  duty  of  the  person  or  persons  who  discovers  them 
to  give  immediate  information  to  the  nearest  alcalde,  or 
to  the  political  chief  of  the  colony. 

Art.  26.  All  fines  shall  be  applied  by  the  alcalde,  un- 
der the  direction  and  superintendence  of  the  superior 
judge,  to  the  use  of  schools  and  other  public  purposes; 
and  that  this  decree  may  arrive  at  the  notice  of  all,  I 
have  caused  it  to  be  published  and  posted  in  the  most 
public  places,  hereby  ordering  and  commanding  all  civil 


APPENDIX.— II  411 


and  militia  officers  and  inhabitants  of  this  colony  to  en- 
force and  obey  it  under  the  pains  and  penalties  prescribed 
by  the  laws  in  such  cases. 

Given  at  the  town  of  San  Felipe  de  Austin,  in  the 
province  of  Texas,  this  22d  day  of  January,  1824, 
fourth  year  of  the  independence  and  third  of  the  liberty 
of  the  Mexican  nation. 

Stephen  F.  Austin. 

(Approved  by  the  political  chief  of  Texas  in  the 
same  manner  as  in  the  civil  regulations,  and  at  the  same 
time.) 


412 


A  HISTORY  OF  TEXAS 


§  3. 

THE  OLD  THREE  HUNDRED. 

The  colonists  settled  under  the  terms  of  Austin's  first 
contract  came  to  be  known  as  "The  Old  Three  Hun- 
dred "  because  the  contract  was  for  the  introduction  of 
300  families.  The  actual  number  of  families  intro- 
duced under  ity  however,  was  297 .  Nine  families  re- 
ceived two  titles  each.  The  table  given  below  is  an 
adaptation  of  one  compiled  from  the  records  of  the 
General  hand  Office  at  Austin,  Texas,  by  Lester  G. 
Bugbee,  and  published  in  the  Texas  Historical  Quarterly 
for  October,  1897  (Volume  I).  It  gives  the  names 
of  the  colonists,  the  amount  of  land  received  by  each, 
the  present  county  in  which  the  land  is  located,  and  the 
date  the  title  was  issued,  A  labor  of  land  was  about 
177  acres,  and  a  sitio,  or  league,  about  4,428  acres. 


AMOUNT 

LOCATION 

Present   County 

NAME 

Sitios 

Labors 

Date  of  Title 

1 
M 

1 

Fort  Bend 

July  10,1824 
July    10,  1824 

Allcorn,  Elijah 

Washington 

Waller 

July    10,1824 

Allen,  Martin 

1 

1 

Wharton 

July  19,  1824 
July    19,  1824 

Austin 

Alley,  Tohn 

1 

Jackson  and  Lavaca 

May  14,  1827 

Alley,  John 

1 

Fayette 

May  16,  1827 

Alley,  Rawson 

VA 

Colorado 

Aug.    3,  1824 

Alley,  Thomas 

1 

Brazoria 

July   29,  1824 

Alley,  William  . 

Alsbury,  Charles  G 

m 

Brazoria 

Alsbury,  Harvey. . 

Aug.    3,  1824 

APPENDIX.— Ill 


413 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Alsbury ,  Thomas 

2 

IK 

Fort  Bend  and 
Brazoria 

July  8,  1824 
July     8,  1824 

Waller 

Anderson,  S.  A 

1 

Fayette 

Aug.  10,  1824 

Andrews,  John 

1 

l 

Fayette  and 
Colorado 

July  7,  1824 
July     7,  1824 

Waller 

Andrews,  William 

1 

1 

Fort  Bend 

Tuly  15,  1824 
July    15,1824 

Fort  Bend 

Angier,  Samuel  T 

1 

Brazoria 

Aug.  16,  1824 

Angier,  Samuel  T 

i 

Brazoria 

Aug.  24,  1824 

Austin,  John 

2 

Harris 

July   21, 1824 

Austin,  John 

l 

Brazoria 

Aug.  24,  1824 

3 

l 

Brazoria. 

Aug.  19,  1824 
Aug.  19,  1824 

Brazoria 

Austin,  Santiago  B 

l 

Waller 

Aug.  24,  1824 

5 

1V2 

H 
H 
H 

IX 

2% 
3H 

3 

Brazoria 

Sept.  1,  1824 
Sept.  1,  1824 
Sept.  1,  1824 
vSept.  1,  1824 
Sept.    1,  1824 

Brazoria.. ......... 

Brazoria 

Brazoria 

Austin,  Estevan  F 

Brazoria 

Brazoria 

Sept.  1,  1824 
Sept.  1,  1824 
Sept.  1,  1824 
Sept.  1,  1824 
vSept.    1,  1824 

Brazoria 

Wharton 

Wharton 

Brazoria 

Baily,  James  B 

Brazoria. 

July      7,  1824 

Balis,  Daniel  E 

Matagorda 

April  14,  1828 

Baratt,  William 

Fort  Bend . . . 

June     4,  1827 

Barnet,  Thomas 

Fort  Bend 

July    10,  1824 

Battle,  M.  M 

Matagorda. . . 

Aug.  10,  1824 

Battle,  Mills  M 

Fort  Bend 

May  31,  1827 

Beard,  James 

Fort  Bend 

Aug.  10,  1824 

Beason,  Benejani 

Colorado 

Aug.     7,  1824 

Belknap,  Charles 

Fort  Bend 

May  22, 1827 

Bell,  Josiah  H 

VA 

Aug.     7,  1824 

414 


A  HISTORY  OF  TEXAS 


NAME] 

AMOUNT 

LOCATION 
(Present  County) 

Date  of  Title 

Sitios 

Labors 

Bell,  Thomas  B 

Brazoria 

Aug,  16,  1824 

Berry,  M 

(Part 

ner  of  M.  M.  Battle) 

Best,  Isaac 

Waller 

Aug.  19,  1824 

Betts,  Jacob 

Matagorda 

Aug.  19,  1824 

1 

Wharton 

July  10,  1824 
July  10,  1824 
July    10,  1824 

Biggam,  Fras 

Waller 

Bloodgood,  Wm 

Chambers  and 
Harris 

Aug.  10,  1824 

Boatwright,  Thomas 

Austin 

July   27, 1824 

Borden,  Thos 

Brazoria 

July   29, 1824 

Bostwick,  Caleb  R 

July   24,  1824 

Bowman,  John  T 

Aug.  21,  1824 

Brazoria 

Aug.  10,  1824 

Bradley,  John 

Brazoria, 

July     8,  1824 

Bradley,  Thomas.. . . ! 

(Part 

ner  of  S.  T.  Angier) 

Breen,  Charles 

Brazoria 

May  24,  1824 

Brias,  Patrick 

Harris 

May     1,  1827 

Bridges,  Wm.  B 

Jackson 

July    21,  1824 

Bright,  David 

1 

Fort  Bend 

Tuly  15,  1824 
July    15,  1824 

Austin 

Brinson,  Enoch 

Harris 

Aug.     7,  1824 

Brooks,  Bluford 

(Forfeited) 

Aug.  10,  1824 

(Part 

ner  of  Caleb  R.  Bost 

wick) 

Brown,  George 

(Part 

ner  of  Charles  Belkn 

ao) 

Brown,  John 

1 

Harris 

Aug.  19,  1824 

Waller 

Aug.  19,  1824 

July   29,  1824 

Buckner,  Aylett  C 

July   24, 1824 

Buckner,  Aylett  C 

2 

Aug.  24,  1824 

1 

July   24,  1824 

APPENDIX.— Ill 


415 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

1 

1 

Fayette 

Aug.  16, 1824 

Colorado 

Aug.  16, 1824 

Byrd,  Micajah 

1 

Washington 

July    16,1824 

Calliham,  Mosis  A 

1 

Harris 

Aug.    3,  1824 

1 

1 
1 

Brazoria. 

Aug.    3,  1824 

Calvit,  Alexr 

Waller 

Aug.    3,  1824 

Brazoria 

Aug.    3,  1824 

Carpenter,  David 

1 

Harris 

Aug.  16,  1824 

Carson,  Win.  C 

1 

Brazoria 

May  15,  1827 

Carter,  Saml 

1 

Brazoria. . .. 

July     8,  1824 

1 

1 

Fort  Bend 

Mar.  31,  1828 

Lavaca 

Mar.  31,  1828 

1 

1 

Austin 

Aug.  10,  1824 
Aug.  10,  1824 

2 

2 

Wharton 

July  7,  1824 
July  7,  1824 
July      7,  1824 

Fayette 

Austin 

Chance,  Samuel 

1 

Brazoria 

July   27,1824 

Charles,  Isaac  N 

1 

Brazoria 

May  21,1827 

Chriesman,  Horatio 

1 

2 

Fort  Bend 

July  8,  1824 
July     8,  1824 

Austin 

Clarke,  Antony  R 

1 

Brazoria 

Aug.  24,  1824 

Clark,  John  C 

1 

Wharton 

July    16, 1824 

Coats,  Merit  M 

1 

Waller 

July    19, 1824 

Coles,  Jno.  P 

7H 

V2 

Burleson  and 
Brazoria 

Aug.  19,  1824 
Aug.  19,  1824 

Aug.  19,  1824 

Cooke,  Jno 

1 

(Part 
1 

ner  of  Isaac  Hughes) 
Harris 

Aug.  10,  1824 

Cook,  James 

1 

Colorado 

Aug.    3,  1824 

Cooper,  William 

1 

Matagorda 

July   24, 1824 

Cooper,  William 

IH 

2 

Waller 

Aug.  10,  1824 
Aug.  10,  1824 

Austin 

Crier,  John 

l 

Matagorda 

June     6,  1827 

416 


A  HISTORY  OF  TEXAS 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Crownover,  John 

1 

Wharton  and 
Austin 

Aug.    3,  1824 

Aug.    3,  1824 

Cummings,  James 

Brazoria 

Aug.  16, 1824 

(Forfeited) 

Aug.  16, 1824 

Cummings,  John 

Brazoria 

July   21,1824 

Cummings,  Rebecca 

2 

Brazoria 

July  21,1824 
July   21,1824 

Waller 

Cummings,  William 

Brazoria 

July   21,1824 

1 

Colorado 

July  7,  1824 
July  7,  1824 
July     7,  1824 

Cummins,  James 

Austin 

Colorado 

Curtis,  James,  Sr 

Burleson 

Aug.    3,  1824 

Curtis,  James,  Jr 

Brazos 

Aug.  19,  1824 

Curtis,  Hinton 

Aug.  10,  1824 

Davidson,  Samuel 

Brazos 

July   21,1824 

Davis,  Thomas 

Austin 

July   29, 1824 

Deckrow,  D 

Matagorda 

July   24,  1824 

Demos,  Charles 

Matagorda 

Aug.     3,  1824 

Demos,  Peter 

Dewees,  Wm.  B 

(Part 

ner  of  James  Cook) 

Dickinson,  John 

Galveston  and 
Harris 

Aug.  19,  1824 

Dillard,  Nicholas 

Brazoria 

Aug.  16,  1824 

Duke,  Thomas  M 

July   24, 1824 

Dutv.  George 

Fayette 

July    19,1824 

Duty,  Joseph 

Colorado 

July    19,  1824 

Dyer,  Clement  C. 

Colorado 

Aug.  10,  1824 

Dyer,  Clement  C. 

IK 

Waller 

Aug.  24,  1824 

Earle,  Thos 

l 

Harris 

July     7, 1824 

Harris 

July     7,  1824 

Edwards,  G.  E 

Wharton 

Aug.  19,  1824 

APPENDIX.—III 


417 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Elam,  John 

(Forfeited) 

Aug.    7,  1824 

Elder,  Robert 

1 

Waller 

Aug.  24, 1824 

Falenash,  Charles 

Burleson 

Aug.  19,  1824 

Fenton,  David 

Matagorda 

July    29, 1824 

Fields,  JohnF 

1 

Brazoria.. . 

Aug.  24,  1824 

Fisher,  James 

Burleson 

July    19,1824 

Fitzgerald,  David 

Fort  Bend 

July    10,  1824 

Flanakin,  Isaiah 

2 

Austin 

July    19,  1824 

Flowers,  Elisha 

1 

Colorado 

July  19,  1824 
July    19,  1824 

Foster,  Isaac 

Matagorda 

Aug.  10,  1824 

Foster,  John 

2V2 

3 

Fort  Bend 

July  15,1824 
July    15,  1824 

Fort  Bend 

Foster,  Randolph 

Waller  and 
Fort  Bend 

July    16,  1824 

Frazier,  James 

Austin  and 

Fort  Bend 

July   24,  1824 

Fulshear,  Charles 

Fort  Bend 

July    16,  1824 

Garret,  Charles 

1 

Brazoria 

July  15,1824 
July    15, 1824 

Waller 

Gates,  Samuel 

y2 

Washington 

Washington 

July  8,  1824 
July     8,  1824 

Gates,  William 

Washington 

Washington 

July  16, 1824 
July    16, 1824 

George,  Freeman 

1 

Waller 

July  7,  1824 
July     7, 1824 

Gilbert,  Preston 

June     4, 1827 

Gilbert,  Sarah 

Wharton  and 
Fort  Bend 

May  11,  1827 

1 

Austin 

Aug.    3,  1824 

Gorbet,  Chester  S 

i 

Brazoria. . . 

July    19, 1824 

1 

Aug.  24,  1824 

418 


A  HISTORY  OF  TEXAS 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Gray,  Thos 

1 

1 

Brazoria 

Aug.  16,  1824 
Aug.  16,  1824 

Colorado 

5 
2 
3 

Brazoria 

July  29, 1824 
July  29,1824 
July   29,1824 

Groce,  Jared  E 

Waller. . . 

Grimes 

1 

Jackson 

July   19,  1824 

Haddan,  John 

1 

Colorado 

July   29, 1824 

Hady ,  Samuel  C 

1 

Waller 

Aug.  19,  1824 

Hall,  Geo.  B 

(Part 

ner  of  Samuel  T.  Ang 

ier.) 

Hall,  John  W 

2 

2 

Brazoria 

July  10, 1824 
July    10, 1824 

Waller 

Hall,  W.J 

1 

Fort  Bend 

July    10, 1824 

Hamilton,  David 

1 

Wharton 

May    9,  1827 

Harris,  Abner 

(Part 

ner  of  William  Barat 

t) 

Harris,  David 

1 

Harris 

Aug.  19,  1824 

Harris,  John  R 

1 

Harris 

Aug.  16,  1824 

Harris,  William 

(Part 

ner  of  David  Carpen 

ter) 

Harris,  William 

1 

Brazoria 

July    10,  1824 

Harris,  William  J 

1 

Harris 

July   21,1824 

Harrison,  George 

1 

Brazoria 

Aug.  16,  1824 

Harvey,  William 

1 

Austin 

July   20, 1824 

1 

Brazos 

Aug.  16,  1824 

Hensley,  James 

1 

1 

Aug.    3,  1824 

Austin 

Aug.    3,  1824 

Hodge,  Alexander 

1 

Fort  Bend 

April  12,  1828 

Holland,  Francis 

1 

Grimes 

Aug.  10,  1824 

Holland,  William 

1 

Grimes 

Aug.  10,  1824 

Holliman,  Kinchen 

1 

(Forfeited)    

Aug.  10,  1824 

1 

2 

Brazos 

July  10,1824 
July    10,  1824 

Hope,  James 

Brazos 

July    10,  1824 

Hudson,  C.  S 

i 

July   29,  1824 

APPENDIX.— Ill 


419 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Huff,  John 

1 

Wharton 

July    10, 1824 

Huff,  George 

IK 

Wharton  and 
Fort  Bend 

Aug.  19, 1824 

Hughes,  Isaac 

(Part 

ner  John  Cooke) 

(Forfeited) 

Hunter,  Eli 

1 

Wharton 

July   24, 1824 

Hunter,  Johnson 

1 

Harris 

Aug.  10,  1824 

Iiams,  John 

1 

Chambers 

Aug.    7, 1824 

Ingram,  Ira. 

1 

Waller 

Aug.  24,  1824 

2 

1 

Wharton 

July  29,1824 
July   29,1824 

Austin 

Irons,  John 

1 

Waller 

July   16,1824 

Isaacks,  Samuel 

1 

Fort  Bend 

July    15,1824 

Jackson,  Alexander 

2 

Wharton 

July   16,1824 

Tackson,  Humphrey 

1 

1 

Harris 

Aug.  16, 1824 

Harris 

Aug.  16,  1824 

Jackson, Isaac 

1 

Grimes 

Aug.    7, 1824 

Jamison,  Thomas 

1 

Matagorda  and 
*  Brazoria 

July   24,  1824 

Johnson,  Henry  W 

(Part 

ner  of  Thos.  H.  Bord 

en) 

Jones,  Henry 

1 

Fort  Bend 

July     8, 1824 

1 

1 

Wharton.  . 

Aug.  10,  1824 
Aug.  10,1824 

Fort  Bend 

1 

Brazoria.. . 

Aug.  10, 1824 

Austin 

Aug.  10, 1824 

Jones,  R 

H 

Wharton.. . 

July   15,1824 

Jones,  R.  (Cont'd.) 

Vb 

1 

Fort  Bend 

July  15,1824 
July    15, 1824 

Fort  Bend 

Keep,  Imla 

1 

Brazoria 

July   24,1824 

Keller,  John  C 

1 

Matagorda 

June     4, 1827 

Kelly,  John 

2 

Brazos 

July   19, 1824 

Kennedy,  Sam'l 

1 

1 

Fort  Bend . . 

July  7, 1824 
July     7,  1824 

420 


A  HISTORY  OF  TEXAS 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Kennon,  Alfred 

Burleson 

July    19,  1824 

Kerr,  James 

Jackson 

May     6,  1827 

Kerr,  Peter    \ 

Washington 

Aug.  10,  1824 

Kerr,  William/ 

Kincheloe,  William 

Wharton 

July  8,  1824 
July     8,  1824 

Wharton 

Kingston,  William 

Matagorda 

May     8,  1827 

Knight,  James 

1 

Fort  Bend 

July  15, 1824 
July    15,  182-4 

Fort  Bend 

y2 

2 

Fort  Bend 

July     7,  1824 

Kuykendall,  Abner 

Austin 

July     7, 1824 

July     7,  1824 

Kuykendall,  Brazilla 

1 

Austin 

Aug.     7,  1824 

Kuykendall,  Robert 

Wharton 

Wharton 

Kuykendall,  Joseph 

Fort  Bend 

July     8,  1824 

League,  Hosea  H 

May  25,  1827 

Leakey,  Joel 

Washington  and 
Austin 

May  28,  1827 

Linsey,  Benjamin 

(Forfeited) 

Aug.  19,  1824 

1 

Austin 

May  21,  1828 
May  21,  1828 

Fort  Bend 

Little,  William 

1 

Fort  Bend 

July    10,  1824 

Fort  Bend 

July    10,  1824 

Long,  Jane  H 

1 

Fort  Bend 

April  30,  1827 

Waller 

May     1,  1827 

Lynch,  Tames 

Washington 

July    16, 1824 

Lynch,  Nathanael 

Harris 

Aug.  19,  1824 

McCroskey,  John 

1 

Brazoria 

Aug.  16,  1824 

Austin 

Aug.  16,  1824 

McCormick,  Arthur 

Harris 

Aug.  10,  1824 

McCormick,  David 

Brazoria 

July   21,  1824 

McCormick,  John 

(Part 

ner  of  James  Frazier) 

McCoy,  Thomas .  .v 

(Part 

ner  of  Daniel  Deckro 

w) 

APPENDIX.— Ill 

421 

NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

m 

Brazoria 

July    10,  1824 
July    10,  1824 

Waller 

McFarlan,  John 

m 

1 

Waller 

Aug.  10,  1824 

Waller 

Aug.  10,  1824 

McKenney,  Thos.  F 

Brazos 

Aug.  16,  1824 

McKinsey,  Hugh 

Matagorda 

Aug.    3,1824 

McClain,  A.  W.) 

Colorado 

July   24,  1824 

McNair,  James  J 

McNeel,  Daniel 

Brazoria 

Aug.    3,  1824 

McNeel,  George  W.\ 

McNeel,  John  G.      J 

a 

Brazoria 

Aug.  10,  1824 

McNeel,  John 

Brazoria 

Aug.    3,  1824 

McNeel,  Pleasant  D 

Brazoria. 

Aug.     7,  1824 

McNeel,  Sterling 

Brazoria 

Aug.  19,  1824 

McNutt,  Elizabeth 

July   21,1824 

McWilliams,  William 

Burleson 

July    19,1824 

Marsh,  Shubael 

Brazoria 

July     8,  1824 

Martin,  Wily 

Brazoria 

July    29,  1824 

Mathis,  William 

Brazos 

July    19,  1824 

Milburn,  David  H 

(Part 

ner  of  Thomas  Davis 

) 

Miller,  Samuel 

Washington 

Aug.  19,  1824 

Miller,  Samuel  R 

Washington 

Aug.  19,  1824 

Miller,  Simon 

Fort  Bend 

Aug.     7,  1824 

Millican,  James  D 

Brazos 

July    16,  1824 

Millican,  Robert 

2V2 

Brazos 

July    16,  1824 

Millican,  William 

Brazos 

July    16,  1824 

Minus,  Joseph 

Brazoria 

Aug.  19,  1824 

Mitchell,  Asa 

1 

Brazoria 

Aug.     7,  1824 

Brazoria 

Aug.     7,  1824 

Mitchell,  Asa 

1 

Aug.  24,  1824 

422 


A  HISTORY  OF  TEXAS 


NAME 

AMOUNT 

LOCATION 
(Present  County) 

Date  of  Title 

Sitios 

Labors 

Monks,  John  L 

(Forfeited) 

Moore,  John  H 

(Part 

ner  of  Thomas  Gray) 

Moore,  Luke 

Harris 

Aug.    3,  1824 

Morrison,  Moses 

(Part 

ner  of  William  Coope 

r) 

Morton,  William 

IK 

1 

Fort  Bend 

July  15,  1824 
July   15,1824 

Fort  Bend 

Mouser,  David 

Waller 

Aug.  19, 1824 

Nelson,  James 

Colorado 

Aug.    7, 1824 

Newman,  Joseph 

1 

Wharton 

Aug.  10,  1824 

Austin 

Aug.  10,  1824 

Nuckols,  M.  B 

1 

Matagorda  and 
Brazoria 

Aug.    3,  1824 

Brazoria 

Aug.    3,  1824 

Orrick,  James 

1 

Aug.  10,  1824 

Osborn,  Nathan 

Colorado 

July   24, 1824 

Parks,  Wm.      \ 

Wharton 

July  24,1824 

Parker,  Joshua/ 

Parker,  William 

1 

Brazoria 

July  8,  1824 
July     8,  1824 

Waller 

Pennington,  Isaac 

Fort  Bend 

Aug.    3,  1824 

Aug.  19,  1824 

1 

Colorado  and 
Fayette 

Aug.    3,  1824 

Pettus,  Freeman 

Matagorda  and 

Aug.    3,  1824 

Colorado 

Aug.    3, 1824 

1 

Wharton 

July    10,  1824 

Pettus,  William 

Fort  Bend 

July    10,  1824 

Waller 

July    10,  1824 

Petty,  John 

Fayette 

Aug.  10,  1824 

Peyton,  J.  C 

Aug.  25, 1827 

Phelps,  James  A.  E 

2 

Brazoria 

Aug.  16, 1824 

Brazoria 

Aug.  16,1824 

Philips,  I.B 

Wharton 

May     9,  1827 

Phillips,  Zeno 

July    19,  1824 

APPENDIX.— Ill 


423 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Picket,  Pamelia 

1 

Austin 

July  21,1824 
July   21, 1824 

Polley,  Joseph  H 

(Part 

ner  of  Samuel  Chanc 

e) 

Polley ,  Joseph  H 

Fort  Bend . 

Aug.  16,  1824 

Powell,  Peter 

(Part 

ner  of  William  King 

ston) 

Prater,  William 

1 

Brazoria.  . 

July  19,1824 
July   19,1824 

Austin 

Pruitt,  Pleasant 

July   24,1824 

Pryor ,  William 

1 

Waller... 

Aug.  24,  1824 

Rabb,  Andrew 

m 

Wharton 

Aug.  10,  1824 

Rabb,  John 

2 

Fort  Bend . . 

July  8,  1824 
July     8,  1824 

Austin 

Rabb,  Thomas  J 

Wharton.  . 

July   24,1824 

Rabb,  William 

Fayette 

July  19,1824 
July    19,1824 

Matagorda 

Rabb,  William 

2 

Fayette 

Aug.  24, 1824 

Burleson 

Aug.  16, 1824 

Ramey ,  L 

Matagorda 

May  23, 1827 

Randon,  David 

(Part 

ner  of  Isaac  Penningt 

on) 

Randon,  John 

Fort  Bend 

Aug.  19,  1824 

1 

Harris 

July     7, 1824 

Harris 

July     7,  1824 

Rawls,  Amos 

July   24,1824 

Rawls,  Benjamin. 

Aug.    3,  1824 

Rawls,  Daniel 

IK 

July   24, 1824 

Brazoria 

July    10,  1824 

Roark,  Elijah 

1 

Fort  Bend 

July   10,1824 

Waller 

July    10, 1824 

Robbins,  Earle 

1 

Austin 

July    19,1824 

Robbins,  William 

1 

Brazoria 

July    19,1824 

Austin 

July    19,  1824 

May  10,  1827 

424 


A  HISTORY  OF  TEXAS 


NAME 

AMOUNT 

LOCATION 

(Present  County) 

Date  of  Title 

Sitios 

Labors 

Roberts,  Noel  P 

IK 

Port  Bend 

July    15,1824 

Roberts,  William 

Brazoria 

July     8,  1824 

Robertson,  Edward 

Fort  Bend 

Mar.  31,  1828 

1 

Brazoria 

July  8,  1824 
July  8,  1824 
July      8,  1824 

Waller 

Robinson,  Geo 

Brazoria.  . . 

July      8,  1824 

Ross,  James 

Colorado 

July    19,  1824 

San  Pierre,  Toseph 

1 

Fort  Bend 

Aug.  24,  1824 

Scobey,  Robert 

Wharton 

Aug.     3,  1824 

Scott,  James 

Fort  Bend 

Aug.     7,  1824 

1 

Harris 

Aug.  19,  1824 

Scott,  Wm 

Harris 

Aug.  19,  1824 

Harris 

Aug.  19,  1824 

Selkirk,  William 

Matagorda 

Aug.  10,  1824 

Shelby,  David 

(Part 

ner  of  John  McCormi 

ck) 

Shipman,  Daniel 

(Part 

ner  of  Isaac  N.  Char 

les) 

Shipman,  Moses 

1 

Fort  Bend 

July  19,  1824 
July    19,  1824 

Austin 

Sims,  Bartlet 

Wharton.. 

Aug.     7,  1824 

Singleton,  G.  W 

Wharton 

May  14,  1827 

Singleton,  Phillip 

Burleson  and 
Washington 

Aug.  19,  1824 

Smith,  Christian 

Harris  and 
Chambers 

July    19,  1824 

Smith,  Cornelius 

Brazoria 

Aug.  10,  1824 

Smith,  John 

(Part 

ner  of  Hugh  McKinse 

y) 

Smeathers,  William 

Austin 

July    16,  1824 

Snider,  Gabriel  S 

Colorado 

Aug.     7,  1824 

Sojourner,  Albert  L 

(Part 

ner  of  Pumphrey  Bur 

net) 

Spencer,  Nancy 

1 

Fort  Bend 

Aug.  19,  1824 

Stafford,  Adam 

1 

Waller 

An?.  24,  1824 

APPENDIX.— Ill 


425 


NAME 

AMOUNT 

LOCATION 
(Present  County) 

Date  of  Title 

Sitios 

Labors 

Stafford,  William 

W 

1 

Port  Bend 

Aug.  16, 1824 

Waller 

Stevens,  Thomas. 

Waller 

Aug.    7,  1824 

Stout,  Owen  H 

(Part 

ner  of  Benjamin  Raw 

Is) 

Strange,  James 

1 

Harris 

Aug.  24,  1824 

Sutherland,  Walter 

Brazos 

Aug.  10,  1824 

Tally,  David 

4 

I 

Brazoria 

Aug.  16,  1824 

Austin 

Aug.  16,  1824 

Taylor,  John  I 

Harris 

Aug.  10,  1824 

Teel,  George 

Fort  Bend 

Aug.    3,  1824 

Thomas,  Ezekiel 

Harris 

Aug.  19, 1824 

Thomas,  Jacob 

1 

Waller. 

Aug.  24,  1824 

Thompson,  Jesse 

Brazoria 

Aug.    7,  1824 

Tone,  Thomas  J 

(Part 

ner  of  Thomas  Jamis 

on) 

Tong,  James  F 

Aug.  19,  1824 

Toy,  Samuel. 

Austin 

May     7, 1827 

Trobough,  John 

(Part 

ner  of 

Patrick  Brias) 

1 

Colorado 

Aug.  16,  1824 

Colorado 

Aug.  16,  1824 

lA 

1 

Colorado 

Aug.  19, 1824 

Tumlinson,  James 

Wharton 

Aug.  19,  1824 

Colorado 

Aug.  19,  1824 

Vandorn,  Isaac 

(Part 

ner  of  Daniel  E.  Bay 

lis) 

Varner,  Martin 

1 

Brazoria 

July     8, 1824 
July     8,  1824 

Waller 

Vince,  Allen 

(Part 

ner  of  M.  A.  Calliha 

m) 

Vince,  Richardl 
Vince,  Robt.    / 

Harris 

Aug.  21,  1824 

Vince,  Wm 

Harris 

July   21,  1824 

Washington 

July   21,  1824 

Walker,  Thomas 

(Part 

ner  of  Thomas  H.  Bo 

rden) 

Wallice,  Caleb! 

l 

May  14,  1828 

426 


A  HISTORY  OF  TEXAS 


AMOUNT 

LOCATION 
(Present  County) 

NAME 

Sitios  Labors 

Date  of  Title 

Wells,  Francis  F 

1 

July  21,  1824 
July   21,1824 

Brazorsi 

2 

Wharton 

July  19,  1824 
July  19, 1824 
July    19, 1824 

Westall,  Thomas 

Fort  Bend 

Austin 

White,  Amy 

Harris 

Aug.  16,  1824 

White,  Joseph 

Brazoria 

Aug.  16,  1824 

White,  Reuben 

Harris 

Aug.  19,  1824 

White,  Walter  C 

(Part 

ner  of  James  Knight) 

White,  William  C 

Austin , 

Aug.  19,  1824 

Whitesides,  Bolandl 
Whitesides,  Henry  J 

Brazos  and  Grimes. 

Aug.  10,  1824 

Whitesides,  James 

1 

Grimes  and  Brazos. 
Waller 

July  16,  1824 
July    16,  1824 

Whitesides,  William 

Waller 

July    19,  1824 

Whiting,  Nathl 

(Part 

ner  of  Nathan  Osbor 

n) 

Whitlock,  William 

j  * 

Harris 

Aug.  16,  1824 

Wightman,  Elias  D 

May  25,  1827 

Fort  Bend 

May  26,  1827 

Williams,  George  I 

Aug.  19,  1824 

Williams,  Henry 

(Part 

ner  of  John  J.  Bowma 

n) 

Williams,  John 

(Part 

ner  of  Mills  M.  Battl 

e) 

Williams,  John 

1 

Waller 

Aug.  24,  1824 

Williams,  John  R 

1 

1 

(Forfeited) 

July  29, 1824 
July    29,  1824 

(Forfeited) 

Williams,  Robt.  H 

1 

Aug.  19,  1824 

1 
1 

1 
1 
1 

Brazoria 

Aug.  10,  1824 

Brazoria 

Aug.  10,  1824 

Waller 

Aug.  10,  1824 

Austin 

Aug.  10,  1824 

Brazoria 

Aug.  10,  1824 

Williams,  Solomon 

1 

1 

Waller 

Aug.    7, 1824 

Aug.    7,  1824 

Williams,  Thomas 

1 

Aug.  16,  1824 

Woods,  Zadock 

1 

May  15,1827 

APPENDIX.—IV  427 


§4.  '  ' 

THE  LAW  OF  APRIL  6,  1830. 

Art.  1.  Cotton  goods  excluded  in  the  law  of  May 
22,  1829,  may  be  introduced  through  the  ports  of  the 
Republic  until  January  1,  1831,  and  through  the  ports 
of  the  South  Sea  until  June  30,  1831. 

Art.  2.  The  duties  received  on  the  above-mentioned 
goods  shall  be  used  to  maintain  the  integrity  of  Mexican 
territory,  to  form  a  reserve  fund  against  the  event  of 
Spanish  invasion,  and  to  promote  the  development  of 
national  industries  in  the  branch  of  cotton  manufactures. 

Art.  3.  The  government  is  authorized  to  name  one 
or  more  commissioners  who  shall  visit  the  colonies  of 
the  frontier  states  and  contract  with  the  legislatures 
of  said  states  for  the  purchase,  in  behalf  of  the  federal 
government,  of  lands  deemed  suitable  for  the  estab- 
lishment of  colonies  of  Mexicans  and  other  nationali- 
ties 5  and  the  said  commissioners  shall  make  with  the 
existing  colonies  whatever  arrangement  seems  expedi- 
ent for  the  security  of  the  Republic.  The  said 
commissioners  shall  supervise  the  introduction  of  new 
colonists  and  the  fulfilling  of  their  contracts  for  settle- 
ment, and  shall  ascertain  to  what  extent  the  existing 
contracts  have  been  completed. 

Art.  4.  The  chief  executive  is  authorized  to  take 
such  lands  as  are  deemed  suitable  for  fortifications  or 
arsenals,  and  for  the  new  colonies,  indemnifying  the 
states  for  the  same,  in  proportion  to  their  assessments 
due  the  federal  government. 

Art.  5.  The  government  is  authorized  to  transport 
the  convict-soldiers  destined  for  Vera  Cruz  and  other 


428  A  HISTORY  OF  TEXAS 

parts  of  the  colonies,  there  to  establish  them  as  is 
deemed  fit  5  the  government  will  furnish  free  trans- 
portation to  the  families  of  the  soldiers,  should  they 
desire  to  go. 

Art.  6.  The  convict-soldiers  shall  be  employed  in 
constructing  the  fortifications,  public  works  and  roads 
which  the  commissioners  may  deem  necessary,  and 
when  the  time  of  their  imprisonment  is  terminated,  if 
they  should  desire  to  remain  as  colonists,  they  shall 
be  given  lands  and  agricultural  implements  and  their 
provision  shall  be  continued  through  the  first  year  of 
their  colonization. 

Art.  7.  Mexican  families  who  voluntarily  express 
the  desire  to  become  colonists  will  be  furnished  trans- 
portation, maintained  for  one  year,  and  assigned  the  best 
of  agricultural  lands. 

Art.  8.  All  the  individuals  above  mentioned  shall  be 
subject  to  both  the  federal  and  state  colonization  laws. 

Art.  9.  The  introduction  of  foreigners  across  the 
northern  frontier  is  prohibited  under  any  pretext  what- 
ever, unless  the  said  foreigners  are  provided  with  a 
passport  issued  by  the  agents  of  this  Republic  at  the 
point  whence  the  said  foreigners  set  out. 

Art.  10c  No  change  shall  be  made  with  respect  to 
the  slaves  now  in  the  states,  but  the  federal  govern- 
ment and  the  government  of  each  state  shall  most 
strictly  enforce  the  colonization  laws  and  prevent  the 
further  introduction  of  slaves. 

Art.  11.  In  accordance  with  the  right  reserved  by 
the  general  congress  in  the  seventh  article  of  the  Law 
of  August  18,  1824,  it  is  prohibited  that  emigrants 
from  nations  bordering  on  this  Republic  shall  settle  in 


APPENDIX.— IV  429 


the  states  or  territories  adjacent  to  their  own  nation. 
Consequently,  all  contracts  not  already  completed  and 
not  in  harmony  with  this  law  are  suspended. 

Art.  12.  Coastwise  trade  shall  be  free  to  all  foreign- 
ers for  the  term  of  four  years,  with  the  object  of  turning 
colonial  trade  to  the  ports  of  Matamoros,  Tampico  and 
Vera  Cruz. 

Art.  1 3.  Frame  houses  and  all  classes  of  foreign  food 
products  may  be  introduced  through  the  ports  of  Gal- 
veston and  Matagorda,  free  of  duty,  for  a  period  of 
two  years. 

Art.  14.  The  government  is  authorized  to  expend 
five  hundred  thousand  dollars  (pesos)  in  the  construc- 
tion of  fortifications  and  settlements  on  the  frontier, 
in  the  transportation  of  the  convict-soldiers  and  Mexi- 
can families  of  same,  and  their  maintenance  for  one 
year,  on  agricultural  implements,  on  expenses  of  the 
commissioners,  on  the  transportation  of  troops,  on  pre- 
miums to  such  farmers  among  the  colonists  as  may 
distinguish  themselves  in  agriculture,  and  on  all  the 
other  expediments  conducive  to  progress  and  security 
as  set  forth  in  the  foregoing  articles. 

Art.  15.  To  obtain  at  once  one-half  of  the  above 
sum  the  government  is  authorized  to  negotiate  a  loan 
on  the  customs  proceeds  which  will  be  derived  from 
the  ordinary  classes  of  cotton  goods,  said  loan  to  pay 
a  premium  of  three  per  cent  monthly,  payable  at  the 
expiration  of  the  periods  fixed  in  the  tariff's  schedule. 

Art.  16.  One-twentieth  of  the  said  customs  receipts 
shall  be  used  in  the  promotion  of  cotton  manufactures, 
such  as  in  the  purchase  of  machines  and  looms,  small 
sums  being  set  aside  for  the  installing  of  the  machinery, 


430  A  HISTORY  OF  TEXAS 

and  any  other  purpose  that  the  government  shall  deem 
necessary  5  the  government  shall  apportion  these  funds 
to  the  states  having  this  form  of  industry.  The  said 
funds  shall  be  under  the  control  of  the  Minister  of 
Relations  for  the  purpose  of  promoting  industries  of 
such  importance. 

Art.  17.  Also  three  hundred  thousand  dollars  (pesos) 
of  the  above  mentioned  customs  receipts  shall  be  set 
aside  as  a  reserve  fund  on  deposit  in  the  treasury,  under 
the  strict  responsibility  of  the  government,  which 
shall  have  power  to  use  the  same  only  in  case  of  a 
Spanish  invasion. 

Art.  18. — The  government  shall  regulate  the  estab- 
lishment of  the  new  colonies,  and  shall  present  to 
Congress  within  a  year  a  record  of  the  emigrants  and 
immigrants  established  under  the  law,  with  an  estimate 
of  the  increase  of  population  on  the  frontier. 


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