USA > Texas > A pictorial history of Texas, from the earliest visits of European adventurers, to A.D. 1879. Embracing the periods of missions, colonization, the revolution the republic, and the state; also, a topographical description of the country together with its Indian tribes and their wars, and biographical sketches of hundreds of its leading historical characters. Also, a list of the countries, with historical and topical notes, and descriptions of the public institutions of the state > Part 9
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CONCLUSION OF THIS PERIOD .- We have now reached the close of the period of Spanish domination in Texas. As in all the province of Spanish America, the govern- ment was strictly personal, and liberal or despotic, as the whim or caprice of the commanding officers might dictate. The highest military officer, next to the viceroy, was the intendant. Texas was at the beginning of the present
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NAMES OF GOVERNORS.
century attached to the intendancy of San Luis Potosi. This officer was also called the commander of the eastern internal provinces. His headquarters were at San Luis Potosi, Monterey, or at Monclova. In 1801-11, Nemicio Salcedo was the commander. From 1812 to the close of the period, Joaquin Arredondo.
From 1691 to 1725, Texas was united with Coahuila and the following persons filled the office of governor: 1691, Domingo Teran; 1714, Don Caspardo de Anaya ; 1718, Don Martin De Alarconne ; 1720, Marquis of San Miguel de Aguayo ; 1723, Fernando Perez de Almazan. After this, Texas had a separate Governor, whose head- quarters were at San Antonio. In 1725, Melchior de Madiavilia y Arcona, was governor ; 1731, Juan Antonio Bustillos y Cavallos ; 1734, Manuel de Sandoval ; 1736, Carlos de Franquis ; 1738, Prudencia de Oribio de Bas- terra ; 1740, Justo Boneo; 1756, Jacinto de Barrios y Jaurequi; 1762, Antonio de Martos y Navarrete ; 1770, Juan Maria, Baron de Riperda; 1778, Domingo Cabello; Rafael Pacheco; 1790, Manuel Munoz; 1803, Juan Bautista el Guazabel; 1806, Antonio Cordero; 1810, Manuel de Salcedo; 1813, Christoval Dominguez ; 1818, Antonio Martinez.
8
A.N.
THE OLD CONCEPCION MISSION, NEAR SAN ANTONIO.
PART III.
COLONIZATION UNDER
MEXICAN DOMINATION.
FROM 1820 TO 1834.
--
CHAPTER I.
MEXICO BECOMES A REPUBLIC-PLAN OF IGUALA-MEXICO GAINS AN INDISPUTA- BLE TITLE TO TEXAS, IN 1819-COLONIZATION SCHEMES-KEENE-OWEN-MOSES AUSTIN OBTAINS A CONTRACT-DIES-STEPHEN . F. AUSTIN SELECTS A LOCA- TION IN TEXAS FOR HIS COLONY-AUSTIN AIDED BY HAWKINS-SCHOONER LIVELY LOST-AUSTIN IN THE CITY OF MEXICO.
W E do not propose to take our readers into the laby- rinths of Mexican politics, or even to record the oft-recurring revolutions of that unhappy country. But Texas was under Mexican domination, and of course was more or less affected by all the changes of government ; and this was the period in which Mexico threw off her depend- ence upon Spain and took her position among the independ- ent nations of the earth. Hidalgo was the first to unfurl the Republican banner in Mexico. This was in 1812; and though he failed, Morelos and others kept up the organiza- tion of a party, struggling for deliverance from the Spanish yoke. Spain herself was now passing through the trying ordeal of a change of dynasty, and the Republicans thought it a favorable moment to strike for Mexican independence. Fortunately, Agustin Iturbide, the ablest of the loyalist gen- erals, gave in his adhesion to the movement. At the sugges- tion of Iturbide, a conference was held with Guerrero and other Republican leaders at Iguala, a small town about sixty miles from Mexico, on the road to Acupulco. The result of this interview was " the Plan of Iguala," proclaimed Feb- ruary 24, 1821. This plan was somewhat modified after the arrival of O'Donohue, the newly-appointed Viceroy,
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HISTORY OF TEXAS.
but in fact, the Plan of Iguala . terminated the Spanish dominion in Mexico.
Another change favorable to the settlement of Texas had taken place. For more than a century the country had been in dispute, claimed by both France and Spain ; and after France sold Louisiana to the United States, that government had revived the claim of France. The United States also wanted Florida. The ministers plenipotentiary of the countries met. Spain was represented by De Onis, and the United States by John Quincy Adams. A treaty was entered into February 22, 1819, by which Spain sold Florida to the United States, and the latter relinquished all claim to Texas.
When the United States achieved her independence, she proffered a home to immigrants from all parts of the world. Her unexampled prosperity had its influence upon her southern neighbors. Even before the independence of Mexico, her rulers began to entertain projects for the colon- ization of unsettled portions of the country. To Edmund Keene, the English statesman, was given the right to settle with colonists 21,000 square leagues of the best land in Texas. This project failed. The next to apply for a colo- nization grant was Robert Owen, the Socialist and Com- munist, who wished, in this wilderness, to test the practi- cability of his Socialistic system. But as none but Roman Catholics were toleraled in Spanish America, this application was, of course, unsuccessful; and New Harmony, Indiana, witnessed the failure of Owen's exper- iment.
The survivors of the ill-fated expeditions of Magee and Long had given glowing descriptions of Texas; and the liberal disposition of the Mexican authorities made it a favorable time for planting colonies of Anglo-Americans in this inviting field. Moses Austin, a citizen of Missouri, who had moved into that country when it belonged to Spain, resolved to become the founder of a Texas colony. To
PROJECTS FOR COLONIZATION. 149 .
make the necessary preparations, he visited San Antonio, the capital of the province. He was at first coldly received by Governor Martinez, and even ordered to leave the province under pain of arrest. While crossing the plaza, after leaving the governor's office, Austin fortunately met Baron de Bastrop, with whom he had previously formed an acquaintance. Bastrop, who was one of the Alcaldes of the municipality, at once espoused the cause of Austin ; and through his influence, the governor was induced to give the colonial project his sanction. With the aid of De Bas- trop, Austin succeeded in getting the signatures of all the officials of the city to his application, which was forwarded to Arrendondo, the commander of the eastern internal provinces. Not doubting the success of his application, Austin returned to Missouri to make arrangements to introduce his colonists. He was much exposed, and suffered many hardships in his return journey ; he reached home in feeble health, and soon afterward died, leaving an injunc- tion for his son, Stephen Fuller Austin, to carry forward his plans.
While the elder Austin was in Mexico, his son. Stephen was in New Orleans, maturing plans for co-operation with his father in his Texas scheme. Arredondo readily gave his assent to the colonial project of Austin, and Messrs. Veramendi and Seguin, two prominent citizens of San Antonio, were appointed commissioners to meet Austin at Natchitoches, and introduce him into his future colony. Stephen Austin, having heard, at New Orleans, of the arrival of these commissioners in East Texas, started to meet them. On his way he heard of the death of his father, and that the whole enterprise now rested upon him- self. The commissioners had no hesitation in recognizing the authority of the younger Austin, who at once prepared to enter the province. It was late in the summer when they reached San Antonio. Austin was cordially received
.
150
HISTORY OF TEXAS.
by Governor Martinez, and his gentlemanly manners made a most favorable impression upon all the officers in the city. After inspecting the country, he selected for occupancy the rich lands of the Colorado and Brazos rivers, and returned to Louisiana to bring in his first colonists. On reaching New Orleans he secured some pecuniary assistance from Joseph H. Hawkins, Esq., a former schoolmate at Transyl- vania University. The schooner Lively was purchased, and laden with supplies for the Texas colony. She sailed from New Orleans, for the mouth of the Colorado River, November 20th, 1821, and was never heard of afterward.
On the day the Lively sailed from New Orleans, Austin started by land for Texas. At Nacogdoches he was joined by ten companions, and the party reached the bank of the Brazos December 31st. The next morning they crossed over, and named the stream found on the west side of the river, New Year's Creek. As Austin passed through Nacogdoches, he left some blank permits for colon- ists, and an agent to fill up the blanks. There were some conditions in this first contract not incorporated in the subsequent laws. The colonists must profess the Roman Catholic faith ; must be citizens of Louisiana ; must take an oath of allegiance to Ferdinand VII, and pledge themselves to protect and defend the institutions of the Spanish mon- archy ; and must bring certificates of good moral character. The printed form before us was granted to the Gates family, and is the property of the venerable Amos Gates, of Washington county. It bears date Nacogdoches, December 27, 1821, and was signed by Austin " as civil and military commander of the colony forming on the Brazos and Colorado rivers, in the province of Texas, under the government of New Spain." In this permit it is stated that each man shall receive 640 acres of land ; his wife 320; and each child 160 acres. To the master was given eighty acres for each slave introduced. Austin was to incur all the
151
1
PERILOUS JOURNEY.
expense of procuring a patent, and the colonists were to pay him twelve and a half cents an acre for their land .*
Austin hastened to the coast to meet the Lively. For three months he waited and watched, but hearing no tidings of the vessel, he finally gave it up for lost, and with his brother, John Brown Austin, he went to San Antonio. There he learned that it would be necessary for him to visit the city of Mexico, to secure the sanction of the newly inaug- urated Republican Government. Though he had made no preparation for such a trip, he committed the management of his colony to Josiah H. Bell, and started upon the long and perilous journey.
* This pay for land refers only to the first colonists. Under subsequent contracts the colonists themselves paid the Government dues, and the empres- ario received his pay in premium lands. It was a section of land-640 acres, that Austin petitioned for, for each family. The commandant misunderstood him, thinking he wished a sitio, an amount equal to a small county. He told Austin that that was too much; but he would give each one a league, and the empresario of course agreed to that proposition, as it was so much better than he had asked; but after all it was hard on the colonists. They could have paid twelve and a half cents an acre for a section of land, but when it came to pay- ing that price for a league, it was more money than a poor man could readily command.
CHAPTER II.
COLONIZATION LAWS-LAW OF 1823-OF 1824-OF COAHUILA IN 1825, AND AGAIN IN 1832-SAN FELIPE LAID OUT. AND LAND OFFICE OPENED IN 1824-EDWARDS' GRANT AND FREDONIAN TROUBLES AT NACOGDOCHES-THE EDWARDS CONTRACT AN- NULLED BY GOVERNOR BLANCO.
S UCH was the unsettled state of Mexican affairs that it became necessary for Austin to remain for a whole year at the capital, before a government sufficiently stable was formed for him to effect the object of his mission. In the meantime, he had thoroughly studied the language and institutions of the country, and formed the acquaintance of its leading citizens. He had given special attention to the subject of colonization ; and it is believed the laws enacted at that and subsequent periods on the subject, were drawn at his suggestion. As these colonization laws are of great interest, we give a synopsis of the more important ones. *
1. THE COLONIZATION LAW OF 1823, BY THE MEXICAN EMPIRE.
This guaranteed the protection of liberty, property, and civil rights to all foreigners professing the Roman Catholic apostolic religion. It prom- ised the distribution of the lands to them, recognizing the general right of any one to contract with the government for the introduction and settle- ment in the country of at least two hundred families. These contractors were called empresarios, and for the introduction and establishment of each two hundred families the empresario was entitled to receive from the gov- ernment a title to three haciendas and two labors of land; but he was obligated to populate and cultivate them within twelve years from the date of concession, under pain of losing all rights of property therein. The premium was never to exceed nine haciendas and six labors, and the pro- prietor was, at the end of twenty years, to alienate two-thirds of the land so acquired. The colonists themselves so introduced were entitled to-if
* This synopsis was prepared for the Texas Almanac of 1868, by N. C. Raymond.
CATHEDRAL DE SAN FERNANDO.
155
COLONIZATION LAWS.
their occupation was that of farming-not less than one labor (177 7-10 acres;) if engaged in the pursuit of stock-raising, not less than one sitio (league, 4,488 English acres) of land. This quantity, however, might be augmented by the government itself, or by its authorities, if specially authorized,"agreeably to the conditions and circumstances of the colonists." There were a number of other provisions in the law by which the terms and conditions were liable to be varied, both as to the contractor and the colonist.
2. THE NATIONAL COLONIZATION LAW OF 1824.
This law made it the duty of the legislatures of the several Mexican States to form colonization laws, or regulations for their respective States, subject, however, to the paramount authority, the constitutional act, general constitution, and the regulations established by the act under consideration. By this law was forbidden the colonization of any lands within twenty leagues of the limits of any foreign nation, or within ten leagues of the coasts, without the previous approbation of the general government. The general Congress was estopped until the year 1840 from prohibiting the entrance of any foreigner as a colonist, "unless imperious circumstances should require it, with respect to the individuals of a particular nation." Mexican citizens as empresarios were preferred in the distribution of lands. We insert Article 12 in full:
" It shall not be permitted to unite in the same hands with the right of property more than one league square of land suitable for irrigation, four square leagues in superficies of arable land without the facilities of irri- gation, and six square leagues in superficies of grazing land."
Here is the origin of what are commonly known in Texas as the eleven league claims.
This law "guarantees the contracts which the empresarios make with the families which they bring at their own expense, provided they are not contrary to the laws." In accordance with this law and the subsequent laws passed under its authority, the territories of Mexico,-Texas being then an integral part-were colonized.
3. THE COLONIZATION LAW OF COAHUILA AND TEXAS. OF 1825.
We introduce the preamble of this law in order to show more fully the animus of its enactment .
" Decree No. 16. The Constituent Congress of the free, independent and sovereign State of Coahuila and Texas, desiring by every possible means to augment the population of its territory, promote 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 constitutional act, the federal constitution, and the basis established by the national decree of the general Congress No. 72, (the national colonization law of 1824,) have thought proper to decree the following law of colonization."
This law invited all foreigners who had come to any of the Mexican territories under the law of 1824, to settle in Coahuila and Texas, and pre- seribed the manuer in which they, or those then within the State, should avail themselves of the opportunity presented of acquiring land under the
11
156
HISTORY OF TEXAS.
law. The empresario contracts authorized by the national decree No. 72 were recognized as well as its other provisions; the inchoate rights accruing under it being more particularly regulated by immaterial conditions and prescriptions of form in their perfection. The settlers were required as an acknowledgment to " pay to the State for each sitio of pasture land thirty dollars, two dollars and a half for each labor without the facility of irriga- tion, and three dollars and a half for each one that can be irrigated, and so on proportionably, according to the quantity and quality of the land dis- tributed." Here is the origin of the payment of what is commonly known as " government dues," which is still required by the State of Texas upon a certain class of land certificates.
We introduce articles 45 and 46 of this law by way of incidental infor- mation upon two other subjects :
Art. 45. The government, in accord with the respective ordinary eccle- siastics, will take care to provide the new settlements with the competent number of pastors, and, in accord with the same authority, shall propose to the Legislature for its approbation the salary which the said pastors are to receive, which shall be paid by the new settlers.
Art. 46. The new settlers, as regards the introduction of slaves, shall subject themselves to the existing laws and those which may hereafter be established on the subject."
Instructions were issued in 1827 by the executive department of the State of Coahuila and Texas, to the commissioners for the partition of lands among the colonists who had established, or who might establish themselves under this law. These instructions were merely directory as to the duty of the commissioners in their official capacity .*
4. THE COLONIZATION LAW OF 1832, PASSED BY THE CONGRESS OF COA- HUILA AND TEXAS, WHICH REPEALED THE LAW OF 1825.
This law, without changing the policy which seems to have controlled the government in the acquisition of population through her schemes of colonization, prescribed more definitely than any previous law the manner
* To the above we will add, that in the instructions to land commissioners, they were required to lay out towns on four league tracts, with water and timber to which all the population had access and an equal right-streets to be broad-to cross each other at right angles-and suitable plazas were designated, to be forever set apart to the public use for court-houses, churches, schools, etc. All mines, salt lakes, etc., were reserved from location, and were to be access- ible to the public under certain restrictions. The wisdom of this is seen in the result of permitting the salt mines in El Paso County to become private prop- erty. Again, no one man could acquire a title to more than eleven leagues of land, and before the expiration of twenty years must alienate two-thirds of it. We have no restriction now, and as a result we read of cattle kings and queens, fencing in royal domains. As an illustration : Forty-seven persons own two- thirds of the land of Nueces County. Wilfin Kennedy owns 186,286 acres. valued for taxation at $94,943 ; and Richard King owns 183,435, assessed at $130,127.
.
157
INDUCEMENTS TO IMMIGRANTS.
of final consummation of rights to land in Texas, though the quantity granted by it to the colonists was neither increased nor diminished, with the exception of the quantity to single men, who became entitled by its provisions to one-fourth of a league, (1,107 acres). There was no limitation as to the colonists. They might be introduced from any country, though the object seems to have been to settle Texas with Americans.
The sule of lands to Mexicans was authorized in quantities not to exceed eleven leagues, upon certain conditions, to-wit: The introduction of stock, the payment of part of the valuation into the treasury, etc., etc. The price varied from fifteen dollars to two hundred dollars per league.
All rights to land in Texas previous to the declaration of her independ- ence in March, 1836, were therefore acquired under the authority of these statutory enactments, or by virtue of the authority of the Spanish Govern- ment before the independence of Mexico, or by authority of the Mexican Government afterward, each exercising the right of eminent domain.
As an inducement to immigrants, a provision was inserted in the law, exempting all colonists from taxes, tithes, etc., for six years. In Austin's permit, as we have seen, masters were encouraged to bring their slaves ; but in acts of subsequent legislation slavery was discouraged, the sale of slaves prohibited in the province, and all children of slave parents declared free at fourteen years of age.
Notwithstanding Austin's long absence from Texas, his colony continued to fill up, though there were some fears that he would fail with the new government. As a prelim- inary measure, Austin had opened a farm on Red river, where a large amount of provisions were raised for his colonists on their way to the Brazos. A good many who had started for the colony, stopped on Red river until they should learn the result of his mission to the city of Mexico. When that was announced, these families hurried forward. His first contract for three hundred was soon filled. Finally Austin succeeded in placing the colonization laws in such a shape that he could safely return to his colony.
On his way back he, at Monterey, met a most flattering reception from General Le Garcia, commander of the eastern internal provinces. Le Garcia directed him to lay out a town for the residence of the public officials, and to call it San Felipe de Austin. What was still more import-
158
HISTORY OF TEXAS.
ant for the interests of the rising colony, Baron de Bastrop was appointed commissioner to issue titles to the immi- grants. The town was laid out and the land office opened in July, 1824. Owing to the rambling disposition of the colonists, they had scattered from the San Jacinto on the east, to the Navidad on the west, and from the gulf coast up to the old San Antonio and Nacogdoches road. Ferries had been established at the principal crossings of the rivers, farms opened, stores accumulated, and the colonists were becoming comfortably fixed to live.
EDWARDS' GRANT .- In Mexico Austin met a number of gentlemen seeking empresario contracts; and among them General James Wilkinson and Hayden Edwards. Owing to previous transactions with the Spanish authorities, they were a little reluctant to grant the request of the former commander on the Sabine, but Mr. Edwards was a man of culture and wealth, and readily obtained his request. His grant was under the general colonization law, which Austin had succeeded in getting through Congress. Edwards' contract was for eight hundred families, to be settled in the neighborhood of Nacogdoches. It bore date April 18, 1825. The location proved exceedingly unfortunate. Nacogdoches had been settled a long time by a roving and migratory class of people, some of whom had obtained an unenviable notoriety as " heroes " of the neutral ground. There, too, a prejudice had grown up between the Anglo- American and Mexican citizens. When the families introduced by Edwards selected their headright land and commenced improving, some older claimant would appear and lay claim to his home. The courts were appealed to, but the Alcaldes had been elected by Mexican voters, and invariably decided in favor of their constituents. Indeed, the first serious difficulty grew out of an election for Alcalde. Chaplin, the son-in-law of Edwards, received the largest number of votes, but Norris, the candidate voted for by the Mexicans, was counted in. Some Mexicans cf
159
EDWARD'S GRANT.
very disreputable character, were engaged in forging old land titles. Of this Edwards complained to the political chief, Saucedo, but he obtained no satisfaction. We give an instance from Yoakum : " Before Edwards had made his contract, a man by the name of Tramel had emigrated from Pecan Point to Nacogdoches. After he had reached the latter place, he learned from the Alcalde that that functionary had received orders from Governor Trespela- cios to place some one at the crossing of the Trinity to keep a ferry on the old San Antonio road. Tramel agreed to occupy the post, and with the order of the Alcalde, removed to the ferry and settled himself. He subsequently sold out to another person, who still kept up the ferry. Ignatius Sertuche, a Mexican, and the only surviving inhabitant of the old town of Spanish Bluff, below the old ferry, was starving, together with his family. The occupant of the ferry invited him to move up to the crossing, and he would supply his family with food. Sertuche, finding the situa- tion pleasant and profitable, managed to dispossess the occupant. The facts being made known to Edwards, he took steps to repossess the true occupant. This was all repeated to the political chief, and Sertuche was again placed at the ferry. The only reason given by Saucedo for this arbitrary act was, that Sertuche was a Mexican, and entitled to the preference." Yoakum adds: "In several other instances, these invidious distinctions were made, and Americans who had come into the country and wrought - improvements, were compelled to give place to Mexican favorites of Sepulvida and Norris, the Alcaldes during the years 1825-26." "The Americans," says Foote, who.was an intimate friend of Edwards, "were dispossessed of their homes, fined and imprisoned."
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