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107. THE SETTLEMENT OF TEXAS

From the time that the annexation of Texas to the United States was first proposed, zealous anti-slavery advocates denounced the measure as a plot to add slave states to the United States, a plot beginning with the first settlement of Texas by Americans. The following documents accordingly acquire importance, as revealing what really were the purposes and circumstances under which Texas was resettled.

American Historical Association, Annual Report, 1919, vol. 2, Part 1, pp. 370-775. The Austin Papers, Washington, 1924.

EXAMINATION OF MOSES AUSTIN

AT the City of San Fernando de Bexar, the 23d day of December, A D 1820: The Governor of the Province of Texas, Colonel Don Antonio Martinez,.. summoned to appear at this office the foreigner Moses Austin, who arrived to-day in this city, with two other persons. Said Moses Austin being present was required through the Baron de Bastrop who had promised well and truly to discharge the duty of Interpreter, to make true answers to such questions as might be propounded to him, answered as follows.

Questioned as to his name, native country and residence - Answered: That he is a native of the State of Connecticut, actually a resident of Missouri, is a catholic, a merchant and dealer in lead ore.

Asked: Whence he came, who accompanied him, and what is his object in entering this Province? Answered: That he came from Missouri through Nachitotches, that he had been accompanied by a negro boy belonging to him, and two other Americans; that he came to this Province for the purpose of applying to the Government for authorization to settle himself in it with his family, inasmuch as he had already been a subject of the Government of Spain, as is proved by a passport, which he presented, signed by Don Carlos Martinez de Irujo, Minister Plenipotentiary of His Majesty, signed at Philadelphia, the 13th July, 1797; ..

Asked: If he has any further statements to make; Answered in the negative, He, further, ratified the foregoing answers, and declared himself to be 53 years of age; Whereupon, he signed these presents, with me and assisting witnesses-Moses Austin Antonio Martinez -Baron de Bastrop - Francisco Montes-Ylario de la Garza.

MOSES AUSTIN TO J. E. B. AUSTIN

MY DEAR SON

St Louis Apr 8 1821

...

..I much wish to see you return to this country before I leave it for the Spanish province of Texas. I have made a visit to St Antonio. and obtained liberty to settle in that country I... obtained what I asked for a right of settlement for myself and family the situation I have marked out is on the Colorado about 3 Days sale from New Orleans or rather from the Belise a most delightful situation and on the Bay of San Bernard the Harbour is good with 12 or 13 feet water over the Barr after which — 25 or 30 feet for some miles up the river with boat Navigation, 150 miles I have asked for leave of settlement for 300 families and (200) Thousand Acres of Land to open a Port Town at the mouth of the River which has been granted me by the Governor of the Province of Texas and has gone on to the Vice King for his confirmation, I have been offered as many Names of respectable families as will make up the Number but untill I return I shall not admitt any as my wish is to have the lands survey'd before I introduce any families at all. I shall take with me about 30 young men to commence the settlement and return after your mother next year... If you examin Melishes Map of the United States you will find the Bay of San Bernard and the River Colorado at the mouth of which I calculate to lay of the Town of Austina, which will be in a few years equal to New Orleans in Consequence if not in wealth.

God bless you my son

MOSES AUSTIN

STEPHEN F. AUSTIN TO MOSES AUSTIN

Nachitoches July 4 1821

... The following is a rough Translation of the order from Arredondo to Martinez

"The Supreme Cortes of these provinces having deliberated on the representation made to me in your official note of the 26 December No. III-I have just received their resolution with which I have conformed it is as follows

It is expedient to grant the permission which Moses Austin solicited to establish himself with three hundred families in the Province of

Texas, on the conditions specified in his memorial on this subject which accompanied your official letter-provided that the following conditions be complied with

1st All who emigrate under this permission must be Catholics, or agree to be so, before they remove

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2d They must take the oath of allegiance to be faithful to the King and Constitution etc

3 They must be honest, industrious farmers and mechanics

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and

the applicant M Austin, will be held responsible for their good conduct (This is the substance of Arredondos order to Martinez) "and you are directed to send this intelligence to the party interested by a confidential messenger.

Dated Monterey Jan 17 1821

Sign" JOAQUIN DE ARREDONDO "

To the Gov' of the Province of Texas

The balance of the paper is an order from Martinez to Erasmo directing him to seek you and communicate this, and to inform you also that by an ordinance of the King, and a decree of the Council of the Oriental Provinces, a Port is ordered to be opened in the Bay of St Bernardo

Your Son

S. F. AUSTIN

AUSTIN TO COLONEL CHARLES CALDWELL

DR. SIR,

...

Bexar July 17 1823

My business is all happily terminated and I shall immediately commence distributing the land -... My grant is approved by the Sovereign Congress and Supreme Executive power since the fall of Iturbide — The smallest quantity of land which a family that farms and raises stock, both, will receive is one league square or five thousands yards square the cost will be 12 cents pr. acre

... In conjunction with the commissioner, I have full power to increase the quantity of land to more than a league for a family, in case it should be necessary to accommodate a large family- You will perceive by the enclosed that the number for Brazos and Colorado settlement is limited, the balance must settle on the Guadalupe and St. Marcos and near this place etc. etc. -so say the Govt. ·

...This Province under the Federal System presents the most bril

liant prospects for the future. I repeat, that anything in my power to do, to induce you and your friends to form a part of the Colorado or Brazos settlement shall be done with pleasure. [Autograph letter by Austin. Signature clipped off.]

Fellow Citizens,

AUSTIN TO THE COLONISTS

Colorado River House of Mr Castlemans

August 6 1823.

I have once more the pleasure of addressing you a few lines from the Colorado... The titles to your land is indisputable the original grant for this settlement was made by the Spanish Government before the Revolution, it was then confirmed and the quantity of land designated by the decree of the Emperor Agustin Iturbide on the 18th of February last, and the whole was again approved and confirmed by the Sovereign Congress of the Mexican Nation on the 14 of April last after the fall of the Emperor. The titles are made by me and the Commissioner of the Government, and are then perfect and complete for ever, and each settler may sell his land the same as he could do in the United States.

... I wish the settlers to remember that the Roman Catholic is the religion of this nation, I have taken measures to have Father Miness [Maynes] formerly of Nachitoches, appointed our Curate, he is a good man and acquainted with the Americans — we must all be particular on this subject and respect the Catholic religion with all that attention due to its sacredness and to the laws of the land.

I have so far paid all the expenses attending this enterprise out of my own funds... Those who have the means must pay me a little money on receipt of their titles; from those who have not money I will receive any kind of property that will not be a dead loss to me, such as horses, mules, cattle, hogs, peltry, Furs, bees wax, home made cloth, dressed deer skins, etc. Only a small part will be required in hand, for the balance I will wait one, two, and three years, according to the capacity of the person to pay I could exact the payment of all the expenses in hand before the titles are delivered, but shall not do so, the settlers may all rely on the terms above stated The smallest quantity of land a family will receive is one thousand yards square which may be increased by me and the Commissioner without limit in proportion to the size of the family.

...

Young men must join and take land in the name of one. All thus

united will be ranked as one family, they can then divide the land amongst themselves

Hoping to meet you soon in peace and happiness, I am Resptlly your friend and fellow citizen

STEPHEN F. AUSTIN [Rubric]

TERMS OF SETTLEMENT

The terms on which Settlers are admitted into the Colony forming by Stephen F. Austin in the Province of Texas are as follows

No one will be received as a Settler, or even be permitted to remain in the country longer than is absolutely necessary to prepare for a removal who does not produce the most unequivocal and satisfactory evidence of unblemished character, good Morals, Sobriety, and industrious habits, and he must also have sufficient property to begin with either as a farmer or mechanic besides paying for his land - No frontiersman who has no other occupation than that of a hunter will be receivedno drunkard, nor Gambler, nor profane swearer no idler, nor any man against whom there is even probable grounds of suspicion that he is a bad man, or even has been considered a bad or disorderly man will be received. Those who are rejected on the grounds of bad character will be immediately ordered out of the County and if the order is not obeyed they will be sent off under guard and their property seized and sold to pay the expences, and should forcible resistence be made by them, the guard will be ordered to fire on and kill them

Those who are received as Settlers will get one league of land if so much is wanted, to be chosen by the emigrant, which land will cost at the rate of twelve Dollars and fifty cents pr. hundred acres payable in cash or Spanish Cattle or negros on receipt of title, which will be in full for surveying, title deeds, recording, and all other charges.

The above only applies to men of families-Single men will be examined as to character more particularly than men of families and ten of them must unite to form a family and they will be entitled to one League of land to be divided between them. An exception will be made to this rule in favor of single men who bring a considerable capital into the country all such will be ranked as a family and draw one League

A person who brings in a large capital and who has a large family will draw more than a league should he wish it. The head of each

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