USA > Texas > History of Texas : from 1685 to 1892, volume 1 > Part 25
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The next document, dated San Antonio, March 29, 1831, is an order from Ramon Musquez, Political Chief, for the ex- pulsion across the Sabine of all families introduced by Rob- ertson since Bustamente's tyrannical decree of April 6, 1830.
The next is an offer by Samuel M. Williams to receive these exiled families in Austin's colony. But why, if they came in violation of the tyrannical edict of Bustamente,
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should Austin any more than Robertson, be allowed to receive them ?
The next is a power of attorney from H. H. League, em- presario of the Leftwich, Nashville, or Robertson colony, appointing with full powers, Sterling C. Robertson as agent of the colony, dated October 10th, 1830.
The next is an application by Sterling C. Robertson to Walter C. White, acting Alcalde, to take testimony proving that he had complied with the law. His request was granted and the testimony (December 6, 1831) taken as follows:
Diadem Millican gave the names'of sixty-one persons known to him personally who had been introduced by Robertson and forty-nine of them before the decree of April 6th, 1830. On December 22, 1831, Daniel Millican made a similar affidavit, covering numerous other names.
On the 2nd of January, 1832, before Horatio Chriesman, Alcalde at San Felipe, John S. Black gave similar testimony and a list of the settlers.
Levi Bostick, James Bostick, Henry Tisdale, George Taylor, James B. Martin, Elmelech Swearingen, Robert Cun- ningham and Wm. L. Sorijo, all testified to the same general facts, showing that in the aggregate, Robertson had intro- duced over two hundred families.
Then follows the sworn statements of Joseph Scott, Samuel Arnold, Alexander Thompson, Samuel Herndon, Jesse M. Coano, Henry Applewhite, Socrates Moseley, R. Williams, all taken separately, but all agreeing in the substantial facts in vindication of Major Robertson and each giving a list of the settlers introduced according to his personal recollections.
The next translation is the testimony of William Pettus, then known throughout Texas as Colonel Buck Pettus, of San Felipe, who, on the 15th of December, 1831, before Horatio Chriesman, Alcalde, and Ira R. Lewis and John H. Money, attesting witnesses, in substance, testified that he was forty-six years old ; that he was well acquainted with Sterling
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C. Robertson and knew a good deal about the grant made by the government to the Nashville company of which he (Robertson) was a member; that said company in 1826 employed an agent to attend to organizing said colony and settling the colonists in the country, that quite a number of families did settle in the colony in 1826 and that they told him they had done so, but that the said families afterwards joined the colony of Austin, as they told the affiant, by the persuasions of Stephen F. Austin. In 1830 Sterling C. Rob- ertson came as agent of said colony, bringing with him a great number of families, and told him (Pettus) that he had contracted with about three hundred families, who would arrive here in a very short time, and he soon after saw a large number of families arrive, who informed him that they had come to establish themselves in that colony, but who after- wards settled in Austin's colony. Being asked what part Stephen F. Austin had taken in this business, he replied, that being anxious to have said colony settle for greater protection against the Indians, he went with said Robertson to see Colonel Austin to solicit his assistance and kindly offices in procuring from the government an extension of time in which to settle the affairs of said colony ; that Colonel Austin appeared to take great interest in the matter and promised to make every effort to assist in said colonization scheme. That Austin went to Saltillo, under authority (as a member of congress) and before his return word came back that Austin had secured said colony for him- self. Pettus continued: "Your declarant, not believing that Austin would act so perfidiously, took the liberty of denying said rumor positively ; and on his return, your declarant asked him if he had done so, which Austin denied and continued to deny till the following autumn, when he himself and his secretary (and in this affair his partner), Samuel M. Williams, published the truth from their office,
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stating that orders had arrived to expel said Robertson from the country. Your declarant went and inquired into the truth of this ; but Colonel Austin pledged him his word that he would use every possible means to get said order revoked. Afterwards your declarant was informed that no such order had ever existed, but only to expel eight or ten families brought by Robertson during the following autumn. When Austin had made known the fact that said colony had been turned over to him, your declarant asked him why he had been denying it, and he said that there had been great diffi- culties produced by said Robertson, and he hoped that he would abandon the country and he (Austin) would then be able to better serve said families." Being asked how long he had been in the country and if he knew that Austin had brought any families into the country at his own expense, and if Austin had been in the habit of selling the land to the settlers, said Pettus answered : that he had come to this country, when it was first established (i. e. 1822) ; that he had paid his own expenses ; that he did not know a single settler whose expenses had been paid by Austin; and that he believed they all came at their own expense. " At the commencement " he testified, " they were charged a bit (12} cents) an acre and afterwards $550.00 for a league. Later the price was lessened and remained until now $60.00 a league, exclusive of surveyor's and commissioner's fees, and the price of making out the papers, seal, etc .; and often after receiving the money from the colonists for the land and promising them certain tracts of land, they had been swindled and the same land given to other parties who would also pay for the same. These facts can be proven by hundreds of persons *
" WM. PETTUS.
" Sworn to before Horatio Chriesman, Alcalde, and Ira R. Lewis and John H. Money, attesting witnesses."
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Under date of San Felipe, February 6th, 1834, the follow- ing official paper was sent:
" To His Excellency the Governor of Coahuila and Texas ;
" The corporation of the municipality of Austin respectfully state that on February 5th, 1834, Sterling C. Robertson whom we know to have been the agent and a member of the Nash- ville Colonization Company of the State of Tennessee, United States of North America, solicited this body to take some steps to investigate the status of said colony touching the contract made with said company to colonize in this country and receive a grant of land in the province of Texas origi- nally conceded 15th of April, 1825, to Robert Leftwich, and confirmed to said company by the free State of Coahuila and Texas in 1827. This council in compliance with said petition, having carefully examined into the facts and the evidence which has been presented to them and having carefully exam- ined into the rights of said company as to said land grants, forward the following information to your excellency, accom- panied with the proofs obtained by us, or made to us. That this council, in accordance with the facts laid before it, by Sterling C. Robertson, relating to said Nashville company, is of the opinion that said contract was not forfeited or vio- lated by said company ; but that prior to the passage of the law of April 6th, 1830 (forbidding the further immi- gration of North Americans into Texas), said Robertson had introduced with the object of colonizing in the lands of said Nashville company, at least one hundred families, which, according to the opinion of this body, under article eight of the colonization law of March 24th, 1825, was a fulfillment of the contract as far as said one hundred families were concerned. That this body is of the opinion that when the law abolishing article eleventh of the law of April 6th, 1830, took effect, said company possessed the privilege or right of one year in which to fulfill their contract from the
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date of the abolishment of said article eleven since the effect and operation of said law was opposed to said contract. Said Robertson was prohibited positively, by an order from his excellency, General Manuel Mier y Teran from settling the families that he had introduced. That by the industry, per- severance and indefatigable labors of said Sterling C. Robert- son, in his efforts to establish said Nashville company, he had gained the general and universal admiration, not only of the public but of this body; and we are all satisfied that a very great majority of the people of Texas anxiously desire that he be recognized as the head of said colony. * God and Liberty.
San Felipe de Austin, February 6, 1834.
ROBERT M. WILLIAMSON, President. WM. B. TRAVIS, Secretary."
" Petition directed by Sterling C. Robertson, member of the Nashville Company, and agent of Hosea H. League, manager of the same, to the Honorable Congress:
" Sterling C. Robertson, member of the Nashville Com- pany, or Colonization Association of Texas, and agent of Hosea H. League, manager of said company, with the most profound respect, presents the enclosed petition to your Honorable Body. The Nashville Company has ever desired to introduce and establish in the department of Texas the colonists stipulated for, and to fulfill in every particular the contract concluded with the government of this State on October 15th, 1827, and to promote the interests of the country in agriculture, manufacturing enterprises, arts, etc., and to increase the population, and to make this the permanent home and country of its relatives and friends, and, under the benefi- cent and liberal laws of the Government born of this new Republic, has directed all its efforts and indefatigable energies to these laudable ends.
" But, after having spent about $32,000 in this business, it
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finds that all its efforts have been interrupted and frustrated by an uninterrupted course of misfortunes and intrigues and unforeseen opposition and by the rascality and perfidy of agents and deceitful friends which this company could neither control nor direct.
" The troubles this company had with its first agent, Robt. Leftwich, are too well known to the Supreme Government to be referred to here. It suffices to state that they were great and costly. Afterwards, when Hosea H. League was ap- pointed agent of this company and made manager of the same by the Government, the association, animated with renewed hopes, made great preparations to fulfill its contract with the government. But another misfortune soon befell it. The agent was accused, in Austin's colony, with being accomplice to a homicide and was imprisoned and guarded for the long space of sixteen months, suffering rigid and bitter persecution, until the people, outraged at the violation of the law and justice, and seeing no other remedy, presented the Alcalde with a petition with 600 or 700 signatures, asking his release from prison.
" This persecution was so bitter and unreasonable that the Alcalde could do no less than look upon it as a strange and unwarranted thing. Meanwhile the association, in the autumn of 1829, dispatched your humble servant to your Honorable Body with a number of families. On entering the country he encountered great difficulties, the Military Commandant at once demanding their passports, which unfortunately, some of the families did not have, the Mexican colony being nearly three hundred leagues from the point from which they started. Others did not consider passports necessary, thinking our contract sufficient, having observed that a simple certificate from Colonel Austin sufficed to admit persons coming into his colony. And was it not natural to conclude that the laws of the country were open alike to all? I obtained a license from the Military Commandant of Tenoxtitlan to remain on the
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boundary of our grant while I explored the country and selected the most favorable point for a settlement, hoping to receive a resolution from His Excellency, General Teran, and from the Government, that I flattered myself would be favor- able. On my return I found the response from the Govern- ment, stating that they hoped our colony would remain and that they were desirous of having it do so. Thus favored with the protection of the Government and the good-will of the Commandant at that point I arranged everything for the comfort of the families that I had introduced into the coun- try, and returned to the United States of North America in December of that year, 1829, in order to bring out other fam- ilies. Early next year I introduced directly, or indirectly, into the country, over three hundred families. I also con- tracted with many families living near our frontier to transfer them to our colony, so that if no impediment had been thrown in the way we would have established at our own cost and expense almost the total number of 800 families, being the number stipulated in our contract.
" But shortly before my arrival I received notice, for the first time, given in the law of April 6th, 1830. Many fam- ilies had already arrived and all of them had sold their effects and disposed of their homes and left their friends and native land. What could they do? To return was ruinous. Con- fiding in the kindness and good faith of the Government, in the contract they had made with us and in the important principle in the constitution prohibiting the passage of a re- troactive law violating the obligation of contracts, they came to this country with all their property and their hopes. It is difficult to express the surprise, confusion and desperation of these families, when, after arriving, they learned that they were expelled from the country and would not be permitted to settle in it. It was utterly incomprehensible to me. Hav- ing returned from Tennessee to bring out other families, as- sured by the authorities of the country of the protection of the
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Government, believing and knowing that we had a contract with it in almost exactly the same words as the one made with Colonel S. F. Austin and that settlers from the United States of North America were admitted almost daily into the colony of that gentleman, under the principle that the contract with him was made previous to the passage of the act of April 6th, 1830; and knowing also that ours was made prior to his and that we had commenced the settlement as early as 1826, I was confounded, and not until long afterwards, did I know that all this was occasioned by false information given to the Gov- ernment in this business. In a visit made by me to His Excellency, General Teran, he informed me that notice had been given the Government that we had brought only eight families into the country (see the enclosed statements ). Its falsity you will see from the statements accompanying this and the memorial from the illustrious council of San Felipe de Austin upon this matter. In this state of our affairs, with such a great number of families introduced and denied the right of settlement in conformity with our contract, sustain- ing immense expenses, scattered and terrorized by false ru- mors, set afloat to induce the settlers or immigrants to deny that they were from Tennessee, I presented myself to Mr. Austin, soliciting his intervention and kindly offices with the Government in our favor, ignorant of the language of the country, and the fact that he was the cause of all our mis- fortunes.
" This gentleman, pursuing the same insidious policy that had ever characterized his nefarious and perfidious designs, received me with smiling countenance, and promised me upon his word of honor, before witnesses (see enclosed state- ments ), to use all his influence to obtain from the Government permission for the settlement of said families in our colony, and a prolongation of the time in which to fulfill our contract, occasioned by the difficulties we had before labored under with the Government and authorities of the country. Knowing
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that he had just been elected a deputy to the sovereign con- gress of the State, and informed of his great and almost infallible influence with the Government (a thing which made him so despotic with these unfortunate people), we consoled ourselves with the hope of being able to obtain the protection of the Government by means of his interposition. But what was his conduct after compromising his honor? Before the expiration of the time given for the fulfillment of our contract, he succeeded in engrafting our colony with the one he had obtained for himself. His friends denied this perfidy and he himself on his return also denied it until the fact was made public by the parties who had seen his contract with the Gov- ernment. After this he confessed that he had denied it on account of the difficulties of the position in which he was placed and that he had hoped that I would meanwhile leave the country, disgusted with so many obstacles ( see the declar- ation ), using every artifice to cause me to flee the country, menacing me with disgrace and punishment from the Govern- ment, stating that he had an order for my expulsion; that if I went away he would provide for the necessities of the unfor- tunate families and receive them into his own colony ( see the declaration ).
" Thus has Mr. Austin ever advanced his own interests by the labor of others and prospered by their misfortunes. We had introduced about 300 families into the country within the time allowed by our contract commencing as early as the year 1826, undergoing immense expense and fulfilling both the spirit and letter of the colonization laws of 1824 and March, 1825. But we were not permitted to settle them in our own colony (see order No. 1 from the Political Chief), and we have had no reward whatever.
" Mr. Austin never introduced a single family into Texas at his own expense, and settled his colonies with families excluded from the contracts of the empresarios by article 16, of the aforesaid law, and with those introduced by us and
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other empresarios, thus failing to comply with articles 8 and 12 of the aforesaid law (see declaration No. 9). But it is notorious that Mr. Austin was allowed to receive families that we were prohibited from introducing as can be proven by let- ters seen by various persons written by General Teran about this matter.
" We have been at immense expense in complying with the law and been denied the privilege of settling our colony according to contract ; while Mr. Austin, who has never spent a dollar in introducing families, but on the contrary has always sold the lands to settlers in his colonies (see declaration No. 9) has been made large grants of land.
" We have administered to the necessities of our colonists at our own expense, while Mr. Austin has sold the lands to his, and after receiving the money has taken the land from them and sold it to other parties at new prices (see declaration No. 9). We lost our colony and Mr. Austin acquired his from it. We complied with our contract before the expira- tion of the time agreed upon with the Government, and one month and eighteen days before the termination of our con- tract Mr. Austin had contracted with the Government for it. We made great efforts to fulfill the contract and increase the population of the country. Even before receiving the contract with the Government, Mr. Austin had made arrange- ments to make a private speculation with it and afterwards sold it for $6,000 (see declarations 8 and 10). He is still making a speculation of it, selling land grants at $50.00 a league to purchasers, giving the Government-title to it (see declaration) instead of using the lands to get the country settled up, and enriching himself at the expense of the State and its citizens and perverting the colonization laws and especially the additional article of instruction to the com- missioner and its legitimate and generous intention, and disgracefully abusing the latter part of article 9 of his contract which he had inserted with this premeditated end
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in view. Is it just for us to lose our rights that he may secure his base ends? Does justice demand the sacrifice of all our labor, property and affairs in order that an interested party, through false and lying statements, may secure it all by his wicked practices? I will recapitulate to your Honors the established facts proven by documents I have the honor to present, which I vow and obligate myself to prove at any time and place it may be necessary.
" On April 15th, 1825, there was a contract of colonization made by and between the Supreme Government of this State and Robert Leftwich for the Company of Nashville, to intro- duce 800 families into a colony the boundaries of which were marked out in said contract according to the colonization law of March 24th, 1825. Within six years from the date of the contract, which would terminate April 15th, 1831 (see the contract). And early as 1826 we had settled some families in our colony ( see declaration ). Before the passage of the law of April 6th, 1830, we had introduced over 100 families (see memorial of the Illustrious Council of San Felipe ). Before the expiration of our contract we had introduced into the country over 300 families (see declaration ). The first fami- lies we introduced were expelled by the Mexican authorities, as I believe, through false information given by Messers Austin and Williams (see the order from the Political Chief of Texas, from the office of Mr. Williams, to the Alcalde of San Felipe). Some of these same families were afterward incorporated with Mr. Austin's colony under a contract made by him with the government, almost at the same time ours was and by virtue of the same law ( see declaration and official statement of Mr. Williams). How could the law of April 6th, 1830, be construed against us and in Mr. Austin's favor at one and the same time? On February 25th, 1831, Austin, for himself and Mr. Williams, closed a new contract with the Government for the grant of an immense tract of land, including within its limits the whole of ours and the
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time for the expiration of ours did not come for one month and eighteen days after Mr. Austin closed this new contract with the Government. At the same time Mr. Austin was working to obtain this contract he had his word of honor pledged to the Nashville Company to ask for the appointment of a commissioner and the extension of the time for fulfill- ing their contract, on account of the obstacles placed in our way by the authorities (see declaration No. 9). These gen- tlemen procured this new contract without doubt by abusing the confidence of the Government and the false information they gave it, since article two of the same explicity declared that it was made with the intention and understanding that the Nashville Company had absolutely failed to comply with any part of its contract.
" From these undeniable facts it appears to me that the fol- lowing consequences incontestibly result: That the contract made with Austin and Williams, February 25, 1831, is void as far as the lands of the Nashville Company are concerned, for two reasons ; it was void ab initio, because it could not be made while there was another contract in existence at that time for the same lands. The Nashville Company could not lose its rights until its contract expired, because, although they might not have introduced a single family until the last day of their contract and then brought in the full 800, it would have been a complete fulfillment of their contract and none could be made with any one else till then.
" It was void also because it was made under a supposed mistake and error, which was that the Nashville Company had not complied with a single part of their contract (see art. 2nd of the contract ). There is no doubt but what the Government was cheated by the false statement of these two gentlemen.
" It is a fact also that the Nashville Company have an unquestioned right to establish the 100 and more families which they introduced before the passage of the prohibitory law of April 6th, 1830, and with this exception I ask the
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Supreme Government to appoint a commissioner to place them in possession of the lands due them.
" And finally, it appears to me very unjust for the time to be counted against me while the Mexican authorities kept us from doing anything, being one year and nine days, and this while our families were coming in every day, and in consequence of it many of them had to hunt homes in other colonies and many were admitted into neighboring colonies by these same authorities. In consequence of all the foregoing, I ask your Honorable Body earnestly, without soliciting a prolongation of our contract, to assert our rights and to declare the con- tract of the partners, Austin and Williams, celebrated the 25th of February, 1831, null and void, so far as the lands granted our colony are concerned; that the families intro- duced by our Company before the expiration of our contract be settled in our colony, and, if you think it right and just, that your Honors extend the time for the termination of our contract for one year and nine days for the time which the Mexican authorities prevented us from entering on our lands. I believe that I have asked nothing of an extravagant nature nor anything more than pure justice in my petition.
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