Jan. 1 1835 to Sep. 30 1835 - PTR, Vol. 1

Papers of the Texas Revolution, Vol. 1

The Papers of the TEXAS OLUTION 1835-1836

John H. Jenkins general editor

Volume 1

Pre·sidial Press · Brig. Gen. Jay A. Matthews Publisher Austin 1973

Editorial Advisory Board

Maj. Gen. Thomas S. Bishop Dr. Dorman H. Winfrey Dr. Malcolm D. McLean

Dr. Robert Cotner Dr. James M. Day Robert Weddle Charles Corkran Richard Santos John Kinney

The interest and assistance of the National Guard Association of Texas in the publication of these works is gratefully acknowledged.

Publisher's Foreword

The collection and publication of "The Military Papers of Texas" was born of conversations with Dr. James Day approxi- mately ten years ago while he was Archivist for the Texas Stale Library. The product presented here differs considerably in scope from that envisioned in those conversations but Lhe objective sough l remains intacl; i.e., to make more available lo scholars and lo military historians, amateur and professional, source materials which will slimulatc Lhc study and broaden the knowledge of Texas history. The no(1rishmenl and growth of the original iclea and its fruition in these volumes must be attributed lo the vision, great talent and inexhaustible energy of Mr. John H. Jenkins, the Editor-in-Chief. Many friends, associates and colleagues have been most encouraging and instrumental in making this publication possible. I express my appreciation Lo Dr. James Day, Dr. Dorman Winfrey, Dr. Harry Ransom, Major General Thomas S. Bishop, Mr. Robert Davis, Dr. Hal Simpson, Major General Hobarl Huson and the Honorahle Mr. Edward Clark. The publication of "The Military Papers of the War of Texas Independence" is a very ambitious unclcrtakin~ as the initial offering of the Prcsi,lial Press. I ts size was nol a deliberate choice hut a situation analagous lo lhe story of the ..Sorcerer's Appren- tice". What was first conceived as a four volume set of mound 1500

pages has more than quadrupled in size and content. The search for papers has extended over nearly seven years and has proven to be more fruitful than our most optimistic expectation. The final decision lo go lo press with the collection brings with it the anticipation that important new discoveries will now be revealed. Indeed, the publicatior.1 of these papers may be instrumen- tal in resurrecting missing or unknown items which should be included in the body of this material. If such an ambivalent circumstance should occur we will happily console ourselves with the publication of a supplement. The Presidia! Press is proud to offer these works in the com~ction that they will make a significant contribution to the future study and understanding of the Texas Revolution and the military history and heritage of Texas. Jay A. Matthews

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Introduction

This work should be useful for the following reasons: (1) it prints several thousand important letters and documents on the Texas Revolution never published before in any form; (2) it prints hundreds of letters and documents that were printed during the revolutionary era, but which have hitherto been virtually lost for historical purposes because of the rarity of the original printing or the obscurity of its location; and (3) it includes all material within its scope from all sources including modern works, thus presenting for the first time the full primary source material on the Texas Revolution, in chronological sequence. The plan of the work is to include all letters and documents relating to the Texas Revolution written between January l, 1835, and the inaugural of Sam Houston as President of the Republic of Texas on October 22, 1836. All material known to the editors has been included, with the exception of letters and documents of a personal or business nature not related to the Revolution. The entries are of three kinds: (1) material printed in full; (2) material printed in part; and (3) citations of material. We have allem pted lo he as broad as possible in our interpretation of related materials, considering most letters and documents of the period to have some potential intelligence value if written in Texas or hy a Texas military figure. Some letters have been included only in part, either because the bulk of the letter "as non-related or, mcm~ often, because we were forced to quote from a

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secondary source and the entire original was not available lo us. Contemporary newspaper and 19th century historical works abound in partially quoted letters which are no longer extant, and l have felt it of value to quote as much as possible of them even though some are mere fragments. We have also included numerous citations of letters, giving descriptive data and some i~ea of their contents. These are mostly letters known by us lo exist, but not available to us for publication, and letters which have very little potential value within our scope but which we felt should be at least listed. The footnotes are my own, ·and the responsibility for errors, sure to exist, is mine alone. I have tried lo cite the original manuscript wherever possible, as well as published versions. I have also added a few insignificant remarks about some of the entries, indicating first names and proper spellings on some of the more confusing entires. With thousands of entries, however, it would have taken decades to provide adequate historical commentaries on each entry: I hope those that I have provided will be useful to some and will not he ridiculed by those scholars to whom my comments will appear superficial and trite. We have printed each letter in its original state, retaining original spelling and grammar. In a very few we have added bracketed explanations, particularly where a document was torn or illegible. Material within parentheses is in the original; material \\ithin brackets has been added by us. We have used so many different types of sources that textual errors are certain to abound, and these are c·ompounded by typographical errors of our own that we have overlooked. We have used English translations of Spanish material wherever possible, and these include rou~h contemporary translations, translations by persons unknown to us (such as those in the Nacogdoches Archives transcripts), and some modern translations. In each case, however, the footnote citation will lead the user to the location of the original Spanish version if he so desires. We have given the address leaf in full wherever possible, but have excluded endorsements by the recipient except where com- ments on the contents have been made. The major sources, of course, are the archival holdings of the Texas State Library and the University of Texas. Both were undergoing extensive reorganization during the compilation of this work, and this will lead to some co9fusion regarding the precise internal location of some of the oriJ!inals of our entries. Fortu- nately, thcs1~ reorganizations have h1!en performed under the direction of two of the nation's leadin:r archival experts, and the

present location of most documents should be relatively permanent. Chesler Kielman's magnificanl The University of Texas: A Guide to the Historical i'rlanuscripts Collections in the University of Texas Library is certainly the best guide of its kind in exislence, describing in considerable detail 2340 separate collections that run into millions of individual documents, and containing useful appendices and a 173-page index. John Kinney has instituted an excellent program of publishing guides to individual collections within the archives holdings of the Texas Slate Library. Gradually the major collections of original Texas historical documents are being permanently organized and catalogued, making the difficult task of localing specific documents easier and swifter. The major printed sources arc The A ustin Papers, edited by Eugene C. Barker and published in a confusing sequence by the American Historical Association and University of Texas Press, 1924,1928; The Papers of Jlllirabeau Buonaparte Lamar, edited hy Charles A. Gulick and others and published by the Texas State Library, 1940-1945; The Writings of Sam Houston, edited by Amelia Williams and Eugene C. Barker and published by the University of Texas press, 1938; and especially Official Correspond- ence of the Texan Revolution, edited by William C. Binkley and published by the American Historical Association in 1936. Material from several major manuscript collections is pub- lished here for the first time, particularly the Thomas J. Rusk Papers and Bexar Archives from the University of Texas Archives, the Nacogdoches Archives from the Texas State Library, and the Thomas J. Green Papers from the University of North Carolina Library. Most of the Bexar Archives were undergoing microfilming during our compilation period and we were forced lo use card files and copies in many instances, resulting in an inordinate number of citation entries rather than full printings of the letters. All of the above collections deserve full separate publication. By far the most significant group of papers published here, however, is the Andrew Jackson Houston Collection. During the six years of gathering materials for this work l had known of the existence of this collection, but had no idea what it contained. As we neared press time in early 1973, l was graciously granted permission by the family to examine and make use of these papers. Jt turned out that the collection consisted of the personal correspondence files of Sam Houston during almost his entire career, never before examined by any historians except W.C. Crnne, Andrew J. Houston himself, and perhaps Henderson Yoakum. The nearly five hundred entries in our work that come from this

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collection, because of their particular significance and because of being hitherto virtually unknown, should be of immense interest to students of every facet of the Texas Revolution. I owe a great debt to my friend Houston Daniel and to his father Price Daniel, Sr., for obtaining permission for me to use this collection. Certainly the most exciting moments of my career as a historian came when I was first permitted lo examine these papers, highlighted by my first perusal of the December 1, 1835, letter from Bonham to Houston. ~!any institutions and individuals assisted us in this project, and I wish especially to thank Dr. Dorman H. Winfrey, Director of the Texas State Library; Dr. Harry H. Ransom, Chancellor Emeritas of the University of Texas; Dr. Chester Kielman of the University of Texas Library; John Kinney of the Texas State Archives; Archibald Hanna of Yale; as well as Richard Santos, Robert E. Davis, Dr. and i\lrs. ~lalcolm D. McLean, Donna J. Toups, Susan Hodgeson, Robert Helberg, Erlene Hill, my wife Maureen, and especially my father, J. Holmes Jenkins, who did all of the layout work and miraculously kept all the various papers together through a major fire and two moves to new locations. It has been a great pleasure working on this project with Gen. Jay .Matthews, a pleasure which increased to utter delight when he volunteered to do the entire index himself.

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Austin, Texas March 2, 1973

John H. Jenkins General Editor

MILITARY PAPERS OF TEXAS The Texas Revolution 1835-1836

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(11 l SEC UIN to J\. YUNTAMIENTO I

[Juan N. Seguin, Bexar, to Ayuntamicnto, Bexar, January I, 1835, reporting arrangements to turn over the office of Gefe lo Angel Navarro]

[2]

[FALCON to CHIEF)

The Secrelary of State of Coahuila & Texas To the Political Chief of Bexar:

His Excy. the General Commanding the Eastern Internal States, wrote to His Excy. the Governor a communication bearing date 271 h December last, which reads as follows: · "Most Excellent Sir: A report reached Bexar, by today's mail, that the ex-general Antonio Mejia has I.anded at Brazoria. The sojourn of the general within the territory of the Republic being dangerous for public peace, and contrary lo the ordt~rs of the Supreme Government by whom he has been banished, I, therefore inform your Excellency of this fact, requesting you to give your orders, as promptly as is rcquin~d by the emergency, to cause the gentleman lo leave immediately our territory. I request also your Excy. to inform me of the result of your measures, Which J transcribe to your Lordship, by order of His Escy, in ord,~r that, should said Don Antonio Mejia bt! found within the territory of the Department in your charge, you give your instructions to cause him lo leave it al one,~, so as lo avoid the dcsorders that his presence might cause. I expect that Your Lordship will inform me, in due time of the result of the mcasurt·s you shall have taken on this subject. God and Liherty-Monclova January 2nd, 1835. Jose Ma. Falcon

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131 l CO~l~IANDER lo UGARTECHEA I

l ~lililary Commander, Goliad, lo Domingo de Ugartechea, Bexar, January· 2, 1835, unsigned, reporting his inability to aid Carancahuaccs who are seeking hclp. J

[ 4]

[COS to UGARTECHEA] l ~larlin Perfecto de Cos , Leona Vicario, to Domingo de Ugarkchea, Bexar, January 4, 1835, ordering him to maintain the mail and communications system, with regular trips to and from \latamoros even when no mail is on hand. I ·

(5]

{SEGUIN to COMlSARIO]

l Erasmo Seguin, Bexar, to Comisario General, Monclova, January 5, 1835, reporting the.prevalence of contraband trade across the Texas-Louisiana frontier and on the coast, and suggesting that custom houses be established at Nacogdoches and Gonzales.]

[ 61

{COS to UGARTECHEAJ

[Martin Perfecto de Cos, Leona Vicario, to Domingo de Ugarlechca, Bexar, January 5, 1835, calling for a weekly report on the stale of public tranquility in Texas.)

I 7J l FLORES to UGARTECHEA l

[Gaspar Flores, Bexar, lo Domingo de _Ugarlechca, Bexar, January 5, 1835, refusing lo take orders from Lhe military aulhorilies.J

rs I

(VALDEZ to GEFEJ

[Jose Maria Valdez, Goliad, to Gefe, Bexar, January 6, 1835, reporling that he has no knowledge of the whereabouts of Antonio Mexia, who is supposed to be in Texas, bul that he will execute his secret instructions as soon as possible.]

[91

[WCLLIAMS to PERRY J

San Felipe 7th Jan 183~

Dear Sir

With this I send you a letter from the Col 2 Deccm in l\'lexieo: which wiU inform you of his health etc, and further that the president of the Republic, to whom was referred Lhe difficulties between Monclova and Saltillo has recommended new elections througout the State for Gov Vice Gov members of Legislature etc. This will retard the meeting of Congress or more properly the Legislature until March- The friends of the Col al this place are determined in following up the old ticket and elect him and McKinney again. I have got the Ayunlam of this place to report favourably lo the gov respecting our Colony and I shall leave this place about the 20 for Monclova It. is truly said that it is an "ill wind that blows no body any good" now I think that this head flaw on the Lcgislalurt' will enable me to stop the head way of my big JEFF "who would bt~ taller than any of his tribe from Lhe shoulders and upwards" At any rate it gives me much hope ancl good spirits. Present me kindly to Mrs.

Perry and also the kind remembrances of my wife and believe me truly yours Sam M. Williams IAdclresscd:) ~Ir. James f. Perry Gulf Prairie ~Ir Pace

(101

[URRUTIA to UGARTECHEA]

[Juan Antonio Urrutia, Bexar, lo Domingo de Ugartechea, Bexar, January 7, 1835, asking for appointment as sergeant of some company in Texas.]

[COS~ UGARTECHEA]

l Martin Perfecto de Cos, Leona Vicario, to Domingo de Ugartcehea, Bexar, January 8, 1835, reporting his decision lo send Rafael Ugartechca lo Bexar lo assist Domingo. J

(12]

[BORDEN to MENEFEE]

[Gail Borden, San Felipe, to John S. Menefee, Tcxana, January 8, 1835, about the election in his district, about S.F. Austin, and about his newspaper. I

[13]

[TORNEL to COS]

[Jose Maria Tomei, Mexico, lo Marlin Perfecto de Cos, Leona Vicario, January 9, 1835, ordering him lo arrest Mexia if he appears at Brawria. j

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[ .14]

[ UGARTECI-IEA Lo COMMANDl.<:RS I

[Domingo de Ugarlechea, Bexar, lo company com111~1nders, Bexar, Bahia, and elsewhere, January 12, 1835, calling for reports of Texas troops. J

[151

[COS lo UGARTECHEA]

[Marlin Perfecto de Cos, Leona Vicario, t.o Domingo de llgarlechea, Bexar, January 15, 1835, ordering him lo be on the alerl until the supreme government can decide on measures lo conLrol the si LuaLion al Nacogdoches. J

[161

[COS to CAMPUZANO J

[Marlin Perfecto de Cos lo Mariano Campuzano, January 17, 1835, ordering him to Galveston.]

[17]

[COS~ UGARTECHEA]

[Martin Perfecto de Cos, Leona Vicario, Ugarlechea, Bexar, January 19, 1835, appointment of Mariano Compusiano as Galveston.]

lo Domingo de announcmg the commandant al

(18]

[TRAVIS to BURNET}

San Felipe, 20th January 1835

~ly dear frirnd, ·

I recd your esteemed favor by Mr. Richardson this morning, and I am sorry lo say, that Major Lewis refuses to pay over on Clokcy's nole the amt collected of Ayers which is about S75. He says he has no orders now lo do it since Lhe note has been taken from &c; but will write lo Clokey for instructions &C- I shall take the note lo Brasoria & l illegible l on it-Singleton will be attended lo- Williams has not gone- I will name to him your wishes- Your letter to Almonte sha!J go-no news- F. W. Johnson & George Ewing are the judges- The election will result in favor of the Austin Ticket- My best respects lo Mrs. B.- write me when you have leisure - you shall hear from me often- In hasle- Sincerely yours W. B. Travis [Addressed: 1 I-I on. D. G. Burnet San Jacinto, Texas

(19]

[AUSTIN to WILLIAMS]

Mexico Jan 21, 1835

SM Williams Dr Sir,

I am told (but know not if truly) that the three claims I bought in Saltillo in 1833 [1832] have been sold again several times by the original grantee, since he sold them to me I apprise you of this that proper care may he taken to prevent being cheated by such bad faith and unprincipled conduct. I hope to leave here in two or three weeks and to meet you in Monclova I shall try to get there by the 1 of March Austin's· business is not yet finished but he expects it will be in ten or twelve days so that he can leave-he stands well with the present administration and men now in power and also with the leading members of congress-hut this is no time to do any thing-the politics of the day absorhe every thing and are of too much interest to permit anyone lo think of other matters.

All is peace and it is believed will so remain for a while at least. If it can be done I wish to arrange my affairs so as to remain but a short time in Texas, say two months at most (S.F. Austin l [Addressed:] (Estado de Coahulia y Texas) Al Sor D. Samuel M. Williams en la villa de Austin

(20)

[GARZA to UGARTECHEAJ

(Jesus de la GarL.a, Santa Rosa, Lo Domingo de Ugarlechea, Bexar, January 22, 1835, military reports of the company of of Bavia.]

(21]

[SABARIEGO to UGARTECHEA)

[Manuel · Sabariego, Goliad, to Domingo de Ugarlechea, Bexar, January 23, 1835, military reports of the company of Bahia.]

(22)

(GALAN to UGARTECI-IEAJ

[Juan Jose Galan, San Fernando, lo Domingo de Ugartechea, Bexar, January 24, 1835, military reports of the company of Aguaverde. J

[23]

[NAVARRO to SECRETARY J

(Angel Navarro, Bexar, lo Secretary of the Governor, January 26, 1835, reporting an Indian allack on Juan Smith and two companions about Len leagues from Bexar.]

(24]

[UGARTECHEA to COS]

[Domingo de Ugartechea, Bexar, to Martin Perfecto de Cos, Leona Vicario, January 27, 1835, reporting that Mexia has not landed at Brazoria but is said to be in New Orleans, and discussing plans for protection against Indian depredations.]

(251

[UGARTECHEA to COS]

[Domingo de Ugartechea, Bexar, to Martin Perfecto de Cos, Leona Vicario, January 27, 1835, reporting on the military activities of the companies of the Rio Grande and San Fernando.]

(26)

[UGARTECHEA to MILITARY CHIEF]

[Domingo de Ugartechea, Bexar, to Military Chief, January 27, 1835, ordering a detachment to Matagorda and Lavaca to prevent smuggling which is going on in great volume.]

[27)

[FERNANDEZ to AYUNTAMIENTO] I Francisco Vital Fernandez, Ciudad Victoria, to Ayuntamiento, Laredo, January 27, 1835, ordering co-operation with Gen. Martin Perfecto de Cos in the reorganization of the militia. j

[281

[PALOMO to SUB-COMISARIO]

[Jose Dionisio Palomo, Matamoros, to Sub-Comisario, Bexar, January 29, 1835, demanding records showing sums advanced to Texas troops. J

[29]

[TENORIO to UGARTECHEA]

[Antonio Tenorio, Anahuac, to Domingo de Ugartechea, Bexar, January 31, 1835, reporting his arrival at Galveston with a small force, explaining the necessity for removal to a place where supplies can be obtained, and declaring that his force is too small to enforce his orders for the prevention of contraband trade.]

[30]

[MILAM to SMITH]

To his Excellency, H. Smith, Esq. Political Chief of the Department of Brazos

Your Petitioner Benjamin R. l\'lilam, an Empresario appoint- ed by the State of Coahuila & Texas, to colonize certain designated portions of the lands of Texas, would most respectfully represent to your Excellency, that his efforts and the objects of the Govern- ment, are in great danger of being defeated by the claimants of league grants. Your petitioner, represents that many persons with their families, emigrated to Texas at great pains and expense, 8 or 10 years ago, under the invitation held forth in the laws of colonization. That they settled on unappropriated land, took the outh of allegiance lo the l\'lcxican Republic, and have ever since remained peaceable and dutiful citizens.- That they have with great labor and cost opened farms, built houses, mills, and cotton gins, and introduced horses, & cattle, & hogs, & sheep, into the wilderness. But notwithstanding the length of time which these settlers have occupied their lands-notwithstanding their toils,

privations, dangers and expenses,. in red~em ing !he1!1 from a state_ of nature, and notwithstandmg then contmued f,dehly and devotion to the laws and constitution of their adopted country, many of these actual occupants have been within the last year, surveyed in and attempted to be dispossessed by foreigners, and others under pretended eleven league grants from Coahuila and Texas. Your Petitioner would respectfully call the attention of your Excellency, to the absolute ruin to Texas and its inhabitants, which would ensure the substantiation of those eleven league grants to the exclusion of actual settlers. Besides the injustice of expelling so many thousands from their homes- a measure of this kind would retard the growth of Texas for 100 years. Instead of every labor of land giving comfort and support to an enterprizing citizen and his family- instead of the deserts being made to smile by the hand of cultivation- instead of having plantations overflowing with abund- ance- instead of having villages and cities enlivened by commerce, & the sprightly notes of business- instead of the whole country's · wearing the aspect of peace, plenty, prosperity, decency & satisfaction- instead of all this if actual occupants must yield to eleven league claimants, Texas will long remain the comparative wilderness it now is- millions of acres of land will be locked up in the hands of single individuals to be trod & occupied only by wild beasts & savages- or if this is not the case, these lands will be inhabitated by the tenants of foreign specualtors, who from the number of their dependents would exercise an influence in political concerns, fatal to the prosperity of the country, and incompatible with the principles of Republican simplicity. It is needless to descant upon the total min which a state of things like this would bring upon us. In consideration of and for the prevention of these evils, your Petitioner earnestly prays that your Excellency, would lay this petition before the Congress of Coahuila and Texas, accompanied with such a recommendation as you may deem it worhty of, and also that you would use your influence in order to procure the co-operation of the Ayuntamientos of your department in cffectuating the objects of this application to the Government. The mode suggested by your petitioner, for remedying or prevent- ing the evils above complained of, is, that the Political Chief's and all of the Ayuntamiento's of Texas, should unitedly petition the Congress of Coahuila and Texas, to allow the people of Texas, the privilege of electing seven of their fellow-citizens as commissioners, whose duty it shall he to promptly and finally settle according to law and justice, all disputes in regard to land, and to give confirmed titles to all who arc entitled lo them. Unless something of this

nal urc is dune, Texas will be in a few years, distracted hy quarrels, & law suits, fatal lo her peace and ruinous lo the fortunes of many innocent settlers on account of court costs and lawyer's fees. For confirmation of this, your petitioner would refer your Excellency, to the history of Tennessee and Kentucky, two of the United States of the North, where it is known that the money paid in court costs and lawyer's fees, in regard to land suits, amounts to more than both of the stales would sell for. No good citizen can be possible injured by a procedure of this nature,-each one will have an equal voice in selecting the commissioners, who are to decide upon their rights- it is cetainly the wish and the interest of every colonist, to know on what footing his title stands, hefore he has wasted too much lime and labor in improving his land. Furthermore, your Petitioner is an Empresario, appointed by Government lo colonize certain portions of the lands of Texas, and inasmuch, as complaints arc daily made by colonists and others- many believing that the term Empresario is synonymous with swindler- your petitioner feels it a duty he owes to himself, his friends and the Government to earnestly recommend a full investigation by said commissioners of the conduct of all the Empresario's of Texas, and if they have violated their constracts, and the colonization laws to have their errors rectified. By way of compensation lo the commioners, your petitioner recommends that each citizen whose title to a league of land is endorsed good by the commissioners, shall pay to them five dollars and for each third or quarter of a league, in that proportion, and for each labor one dollar- it being perfectly understood, that an endorsement on a title of good by the commissioners, shall be final and conclusive against all the world. In conclusion; hoping and believing that your Excellency will see the vital importance of the steps herein recommended, and will use your best exertions in effecting as promptly as possible, so indispensible an object. I subscribe myself, with the highest respect, your Excellency's obedient servant. Benjamin R. Milam [January, 1835?1

[31] [ UGARTECHEA to COS I

[ Domingo de Ugarlcchea, Bexar, to Martin Perfecto de Cu~, Leona

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I l

Vicario, February l, 1835, giving an account of Indian relations and suuue,tinu a camnaiun :1uainst the Tau 0 uacanos. J ee ~ c- rt:> -o

[32)

[BARRAGAN to UGARTECHEA)

[Manuel R. Barragan, Guerrero, to Domingo de Ugartechea, Bexar, February l, 1835, on military affairs in Coahuila.]

[33]

[SMITH to GOVERNOR]

Chieftancy of the Department of Brazos

I herewith transmit to your ExceUency, a copy of the petition of the citizen Benjamin R. Milam, who states he is acting as Expresario to fill out various contracts of colonization, and considering the candor and honesty with which he sets forth facts, praying an investigation, I deem it worthy the attention of your Excellency, and the honorable Congress. That the term Ex presario is justly considered equivalent to that of swindler- that the situation of the land titles in this country is a matter in which the · people feels much interest that an investigation of the conduct of all public agents and particularly that of Empresarios, is loudly called for & a matter of right, that their conduct has ever been reprehensible, that their contract have generally been turned entirely to the promotion of their own pecuniary interests, that they have greatly infringed the rights guarantecl to the settler by the munificence of the Government, that they have made exactions of the settlers contrary to law, that their course of conduct has generally been calculated lo swindle hoth the settler and the Government, that the course pointed out by the petitioner could not effect the Just rights of either settler or Empresario, that without some such course of investigation authorised in a proper manner litigation in land titles which become greatly injurious and almost interminable- that the Government on their part have used every precaution lo prevent litigation in land titles, but owing to the management of their agents they are in many instances involved in much incertitude & difficulty, that the country is fast filling up,

and transfers of land from one citizen to another hecomc common which renders il douhly necessary that all original Lilies should he invest igatcd and placed on a permanent basis- that the halanc<: of power has ever been in Lhc hands of the Emprcsarios, their a~cnls and partisan emissaries, who hy their intrigue and managmcnl have ever kept and still endeavor to keep all office~, political and judicial, filled with persons who can be made subservient to their own views and interests- thal Lhc Ayunlamienlos to a great degree, owci11g to that influence have become degraded and feel but Jilt le of thal responsibility so necessary to the promotion of the public good- that if the claims of Lhe people of Texas lo Lhc right of the soul were investigated and the rights of the Government the Emprcsarios & Lhe settlers sett le down on a permanent basis, then the interests of the people of Texas would be consolidated & tend lo Lhe same objects- that such a course would settle all important diffieulties and establish on a pcrma11ent basis the legitimate rights of all parties concerned and thereby afford stability and confidence to the settler- and the means of producing concord and happiness. Having promised the foregoing facts I would respectfully suggest to Your Excellency the propriety of laying this matter before the honorable Congress of the state with a request that they pass a law authorising thf! settlers of legitimate citizens of each of the Departments of Texas to elect popularly three commissioners for each Department, who shall be fully authorised by commission from Your Excellency to investigate all the titles which have in any wise emanated from the Government, to the settler Emprcsario, or interested party, and settle them in good faith, and in strict conformity with the laws and decrees of the Government, 011 that subject. And that they shall be fully empowered to investigate the right and pretentions of all claimants, and if they are found to have acted in good faith, and there should be any deficiency in their title, either as it may respect identity or quantity, that the said commissioners be authorised to complete the titles by extension of the grant, or in any, and every way that the circumstances of the case may require- and that all grants or titles thus investigated and eompletccl, shall he by that board confirmed; which confirmation shall, to all intents and purposes, be considered as final a11d irrevocable forever. Aud all titles by that board rejected, shall bt' considered as forfeited and revert back to the Government, from whence they emanated, without further investigation or appc•al. And, thal no title nol confirmed by that hoard, shall bt~ eonsidl'n·d valid; but void aml null, to all intents and purposes- ancl all transfers made from such void or defective Lille, shall be considl'n·d and treated as a criminal offence.

And that the conduct of Empresario's be investigated by said board, in strict conformity with their contracts and the laws on that subject, and their claims and pretensions to lands, investigated and their titled disposed of as those of other citizens. And that the commissioners be bound to keep a register of all claims presented to them for investigation, and show on said register the disposition made of such claim- and that they shall remain in office until the Empresario contracts expire, and all the titles investigated- with permission lo adjourn from time to time, and hold their office where circumstances and convenience may warrant. And that they appoint a Secretary, capable of making correct translations of the Castillian and English languages- and that the board be authorised to make such charges for their investigation of titles as the circumstances will warrant; and that they shall have the right and power to order to be delivered over to them all original deeds and records which may be within their several Departments, pertaining to land originally deeded by the Government. And that such commissioners shall be citizens of good moral character, chosen popularly by the people; that they shall be disconnected from land speculation, & sworn to discharge their duties, faithfully in conformity with the laws and decrees of the Government, on those subjects, with all of which they shall be furnished. That the Political Chief of 'each Department, shall give at least three months notice of such election, which shall be held at the site of each Jurisdiction only, and kept open four hours in each day for six days, and then closed and conducted in the ordinary manner. See myself the importance and necessity for the adoption of some such course, speaking confidently, so far as my own Department is involved, believing that it would not only add stability and confidence, but all party spirit, and be productive of much good to all parties interested, induces me the more earnestly to urge your Excellency to press this mat1er before the honorable Congress in order that it receive that speed}' and prompt attention which the importance of the subject requires. It is confidently hoped, that your Excellency, and the honorable Congress, will make such a disposition of the subject, as to your Excellency, and the honorable body may deem the best calculated to promote the general good. With sentiments of the highest respect and consideration, I subscribe myself, your obedient servant.

God and Liberty. Henry Smith

San Felipe de Austin, February 2d, 1835. His Excellency, the Governor of the State of Coahuila & Texas

1341

ICOS lo UGARTECIIEA I

[ Marlin Perfecto de Cos, Leona Vicario, lo Domingo de Uaarlechea Bexar FeLruar)' ? 1835 refusina lhe request for " , ' -, . ' " removal of the detachment from Lipanlillan.J

(351

[VENABIDES lo NA VARRO]

[ Ysidro Venabides, Victoria, lo Angel Navarro, 13exar, Fehmary 5, L835, reporting that the delay in election of ayunlamienlo is due lo Indian depredalions and the seallered locations or the colonists. I

(361

[AUSTIN to PERRY J

t\'lcxico Feb. 6, J 835

Dr. Brother,

I send you hy Mr. Grayson a copy or the exposition I have published, defending the people of Texas and myself. l wish you lo preserve iL, as 1 find J shall have no copies left. I think I shall leave in len or fiflecn days for Monclova. l am wailing for the publication of the general amnesty law, which ii is said will be done tomorrow or nexl day, when I shall be free once more for l am slill on bail. Col. Butier has refused lo give me II p my last nole of 1900 and odd dollars which I paid lo Whitesides alkging that the Whitesides had drawn 011 me for more lhan he was a11lhorist~cl lo do. Whilesides receipt as Bullers agcnl is in my desk, and I wish you lo sec him, and let him know Lhal if 13utlcr rduses lo ~ivc up my nolc I shall hold Whilcsich~s rcsponsibh·. He 11111s1 show his authority from 1311tlcr lo draw.

If , •011 can 1rd alona without selling land I wish you lo do • e i, ~ • so. as it will be a sacrifice lo sell now. The league adjoining and below St. Felipe, and the one on the West Bernard (a prairie kagt1t') mu~l not be sold for any price as I may dispose of it otherwise. I send you some seeds. I refer you lo ~Ir Grayson for all . . . thr 1wws. I hope that a dead calm will reign aU over Texas for many years to come-and that there will be no more excitements of any kind whatevr.r. Collon will be high here next year. There are a great many largr factories building in various places by foreigners-the demand for Trxas cotton will be very great, clelivcrecl al Vera Cruz. I do not write lo my friends, because I cannol write lo all, and Grayson can tcU them all the news. I look forward with the most heartfelt anxiety to the period when I shall be restored to you all once more, so that I can enjoy your society and that of my friends in a log cabbin, or a camp-far very far from the intrigues and vilinous intanglemcnts of palaces and politics. My opposition to a territory last year has been the main cause of all my entanglements-but 1 did my duty and under the same circumstances I would do again just as I did in 1833. I have more friends here now than I ever had, and so has Texas-my exposition has had a good effect-tho I am told that I shall be attacked in the newspapers, or that a reply will be given to it etc. I fear nothing from such an attack. Remember me to all your neighbors and my friends in general when you sec them and to ]. H. BeU and the Jacks, ~lcKinny, MiUer, ~1artin, Burnett etc. in particular Love lo all the children. I hope they arc learning fast. Love to Eliza and Phillips. ~Ir. Grayson has a project to establish a collon factory by a company which I am much in favor of and have authorised him to take stock for me. Texas has cost me trouble and labor enough, and I hope yet lo see some happy days there. I have seen but few as yet. I presume my friend S. ~'I. Williams is at Monclova, for whi1:h reason I do not write to him. I requested you and him to d1:stroy the lcllers I sent hy Offutt without showing them to any one, whi1:h I hope was done. Calm, a dead calm, is all Lhal Texas nr.1:ds-mah good crops, and send them lo Vera Cruz, Tampico etc. Rcmr.mher me lo H. Austin and his family. Tell them to keep

up ~uod spirits-the dark days have passed, if you c:an only keep good health.

your affcclionatc brother Stephen Mr. James F. Perry near Brazoria Texas , Mr

[Addressed: J Grayson

[37]

[TRAVJS to BURNET]

San Felipe 6th Febry 1835

i\'ly Dear Sir:

· Yours of the 15th Jany is now before me, lo which I hastily rcplif'.d by the bearer. I have since been lo Brasoria, & rP.lurned; and now take up my pen for the purpose or replying now al large. Singleton's note shall be attended to. I have brought suit below, against Clokely on his note, in as much as i\'laj. Lewis seems indisposed lo pay over the amt. intended by C. for you. I mailed your leller lo Almonte, but die! not pay the postage. I do not know the custom on the: subject, but presume Almonte enjoys the: privilege of a frank. I recd a letter a few days since from Nacogdoches, which says, that you will be strongly recommended from there for the offic<~ of judg<·!. Jac:k has been recommended by Brasoria & this place. What has become of the recommendation of Liberty? Williams has gone. I reminded him of the power of ally. Don't know whether he took it with him or not. Milam is still here, but will set out on tomorrow. I will endeavour to get him lo see that your petition is attended lo. Austin has been admillecl lo Bail. Letters from him and Almonte say he will leave Mexico entirely liberated, in a short lime. The new election for Governor, V. Governor, & members of Congress, will lake place hl're next Monday. J have read the White Mustang. It has certainly kicked hard against the N.Y. Company; & I foar your interest has taken a stampede in consequence. It is a most pitiful production- a catch penny concern. The legislature llH:'<-~ls on lhc Isl of Mareh next. F.W. Johnson & George Ewing are the judgt~s. Qu<~cn Sabe·? I have taken F. \V. Nibbs into partnership for thi:-yt!ar. I have sold my women, Malilcla (the lc·ast one-) fur $700 in l3rasoria. I

lrn,<' had Jol' for lhe y1·ar: I cannot now say, whdht'r I will sell him or not. ~lam· t'migrants are corning into the country. A few negrues ah-o. I 11nd1:rsla11d ha\'r been landed 011 the coast. But we disagree un I his subjl'cl. Plrm~e give my best respr.C'ls to Mrs. B11rnt'I, & with me of 1·otm,e

r remain as ever Lhine \V. Barrel Travis

[To David G. Burn cl j

[38]

[UGARTECHEA to GOVERNOR]

[Domingo de Ugartechea, Bexar, to Governor, Monclova, February 8, 1835, reporting the arrival of a hand of Comanches wilh mules which apparently have been stolen in Chihuahua, and suggcsling measures of defence.]

[39]

[COS to UGARGTECHEAJ

[~larlin Perfccto de Cos, Leona Vicario, to Domingo de Ugartechea, Bexar, February 9, 1835, reporting that due to scarcity of money the soldiers of Texas cannot be paid as requested. J

[40]

!BEAN~ UGARTECHEA]

[Pedro Ellis Bean, Nacogdoches, lo Domingo de Ugartechea, Bexar, February 10, 1835, asking if a soldier sent to Bexar with guns two months before has arrivcd. J

[41)

[TORNEL to COS]

[Jose Maria Tomei, Mexico, to Marlin Perfecto de Cos, Leona Vicario, February 11, I835, reporting in ten lion of sending the Battalion of Morelos lo Bexar by way of Matagorda. J

[42]

[AUSTIN to WILLIAMS]

Mexico Feb. 14. 1835

S. M. Williams My good friend,

I confidently hoped to have mel you at Monclova by the l of March, but I find that I cannot- I think I shall be able lo leave here in about 15 days, tho I cannot say lo a certainty- I have some idea of employing this interval in trying lo gel some aid of the Genl. Govt. towards opening a road from Texas to the Paso <lei norte, or in a direct line (or as nearly so as the country will admit) to Chihuahua I speak of this interprise in my cxposicion copies of which I have sent to Monclova and by this mail I send you one, I sent one to you two days ago directed to Austin- lt has been very well received here, and has satisfied every reasonable man- I believe that Texas has more friends in the Govt. and in Mexico now, than it ever had before. J can say the same as lo myself- I cannot believe that such men as Robertson and Chambers can have any influence at Monclova and I confidently expect that the evil they have done will be remedied- There was [never] a more outrageous injustice done to anyone than that committed by Viclauri in renewing the contract for the upper colony in direct violation of our rights- you must attend to that business- I will be there as soon as I can to aid in pulling things lo rights once more. I have reason to believe that Mason and Mexia trycd to do me all the injury they could and lo perpetuate my imprisonment as long as they could- they never forgave me for opposing their schemes lo make a territory of Texas and their monopolic::; of land

etc and I shall be well satisfied if they will remain my enemies for the balance of their lives-Tony and them are birds of the same frathcr- An effort was made in Jany. to make a territory of Texas, but it failed- another effort was about to be made when my esposicion came out, which has also died away. The last clause of my esposicion was intended to kill this project, and it has had the effect. A proposicion was made sometime since to renew the 11 article of the law of 6 april which I am told will die en commission-so that upon the whole my personal sufferings will result to the advantage of Texas, by removing prejudices and leading to inquiries that have satisfied everyone- This is some consolation at least- It is in fact a full reward for all my trouble and persecution. My constituents at home ought to be satisfied with me- I have done my duty towards them, regardless of my own personal interests or safety- I have paid my own expenses and they have been very great indeed. The Chihuahua road is a great hobby with me- I intend to persevere untill it is completed, and then I am done with empresas- I have written to Chihuahua on the subject and think the whole influence of that state can be inlisted in this great enterprise-it is the last and only object of my ambition- Cotton will be in great demand here next year, it is so now- I saw an ascension by Mr. Robertson on the 12 instant-he descended 14 leagues South of this beyond the mountains that surround the valley of Mexico- he returned to day all well you will see it in papers- Grayson left last week for New Orleans via Vera Cruz- I am going to the Theatre so adios S. F. A. I am told Aguirrie has sold those claims a second time and perhaps a dozen times see to it before it is too late- Write home that I am well- I am waiting for the Amnesty law, for I am still on bail- [Addressed:] (Coahuila y Texas) Al sor D. Samuel M. Williams Monclova

(43)

[COS lo UGARTl::CIIEAI

[ Marlin Perl'cclo de Cos, Leona Vicario, lo Domingo de Ugartcchea, Bexar, February 14, 1835, ahoul Lhc Indian policy of lhe governmen L J

[441

[RUSK to RUSK I

[Thomas J. Rusk, Nacogdoches, lo Mary Rusk, February 15, 1835, slating in part: "Governor Houston lives in this place and has made over two Thousand Dollars in the lasl twelve months but he is very dissipated and in very bad health."]

[451

[SABARIEGO to UGARTECHEAJ

[Manuel Sabariego, Goliad, lo Domingo de Ugarlcchea, Bexar, February 15, 1835, giving information concerning depredations Ly Lhc Tehuacanos. j

[46]

[RUEG to ALCALDE]

p-lcnry Rucg, Political Chief, Nacogdoches, lo the Alcalde of Nacogdoches, February 16, 1835, about cattle rustled from Chief Bowles.]

[ 4 ii

jVE.NAI3JDES to NAVARRO]

I Ysidro Venabidcs, Victoria, lo Angel Navarro, Bexar, February 18, 1835, reporting lhal Indian depredations arc rendering lifc intolerable, and asking for relief.)

[48]

[RUIZ to ALCALDE]

The Supreme Government of the State, satisfied with the intention of the Cherokee Coushatta and other Jndians will not permit them lo be disturbed in the lands which they now occupy until the Gen) Supreme Government shall determine upon the matter, and the Chiefs of the Cherokee nation havcing been made known to me, that five or six families have lately introduced themselves, among which there is one of the mane of Cook and the ,,idow of--- and have established themselves within the pasture lands of the said Cherokee and are doing them much injury killing and wounding their cattle and of the deer, and it being absolutely necessary to maintain peace with those Inclians, that you proceed wilhour loss of time to expel the said families from the above mentioned lands for which purpose you will order the Sheriff to be under the direction of Col. Bowles to inform these families of which he, Col. Bowles has complained, that they will immediately leave and remove themselves from the said lands, and that you will take care, lhal hereafter, that no body shall be suffered to Establish themselves within the Range on the pastures of the said Indians until the Supreme Gen. Government shall have determined upon

what lands they shall be established. [To the Alcalde of Nacogdoches l

20th Febry 1835 Ruiz

. ' !

Ill,

[49)

[GUTIERREZ to BUTLERJ

Palace of the Federal Government, Mexico, February 21, ]835. The undersigned, Secretary of Stale in the Department of Relations, has the honor to transmit to the charge dc'affaires of Lhe United States of North America, copy of a note which the military commandant of the town of Nacogdoches passed to the commissioner of the colonization of Texas, communicating to him the increase of emigration of lhe tribes of Indians belonging to the territory of that republic towards this side of the limits which divide both nations. The same military commandant cites the article of the treaty celebrated between this Government and that of the United States of North America in which both bind themselves especially to repress by force all kinds of hostilities and invasions which may be made by the tTibes of Indians who inhabit within their respective limits. The undersigned is fully persuaded that the Government of the Unived States of North America will fulfil, on its part, the stipulations of the treaty referred to, as soon as informed of the issue of the military commandant of Nacogdoches's note providing the proper means that lhe tribes of Muscoga, Chacklan, and Huapanas shall not enter the territory of this republic, nor molest its inhabitants. The undersigned, in consequence of which, hopes that the honorable Mr. Anthony Butler will immediately communicate this circumstance . to his Government for the attainment of this object, and for the end to prevent any ulterior reclamation. The undersigned has the honor to reiterate to Don Anthony Butler the assurances of his esteem and consideration. J. M. Gutierrez de Estrada

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