til'. 11 iiill! ; I j ) ! jijui...!!'..,; III IM mmmi m ' :i ill 1: ii ii: ^ 1^ THE HISTORY OF TEXAS; HI THE EMIGRANT'S, PARMER'S, % ^:v POLITICIAN'S GUIDE TO THE CHARACTER, CLIMATE, SOIL AND PRODUCTIONS QF THAT COUNTRY: GEOGRAPHICALLY ARRANGED PERSONAL OBSERVATION AND EXPERIENCE. BY DAVID B. EDWARD. FORMERLY PRINCIPAL OF THE ACADEMY, ALEXANDRIA, LA.; LATE PRECEPTOR OF GONZALES SEMINARY, TEXAS. CINCINNATI; STEREOTYPED AND PUBLISHED BY J. A. JAMES §c CO. 1836 o Entered according to act of Congress, in the year 1836, BY J. A. JAMES AND CO., In the Clerk's Office for the District Court of Ohio. By tocuaaf^r OCT 11 19K^ Printed by James & Gazlay, No. 1, Baker Street, Cincinnati, 0. TO THE AUTHOR'S BEST FRIEND, PETER BOLLINGER, ESQ., ROCKINGHAM COUNTY, VIRGINIA. Worthy and Respected Sir.- Permit me to offer this little volume to thee. In the midst of afflictions, in the bonds of despair, thy benevolence to me and mine, hath consoled me ; and thy last words, " God bless thee,'''' have been as the balm of Gilead to my lacerated heart. When that heart shall cease to beat, and when time to me shall be no more — then, and not till then, can the gratitude of my soul be extinguished ! May the blessing of the Lord rest upon thy head — may the mercies of our Redeemer surround thee and thine, and may the influence of the Holy Spirit guide and direct thy every step throughout this transitory vale of mortality — up to the moun- tains of everlasting glory, where eternal praises shall resound, and unutterable love be the theme ! ! — is the sincere desire and fervent prayer of Thy affectionate, altho' unfortunate friend, D. B. EDWARD. mn^^m^-i: o "feA/J <^ ^ CONTENTS BOOK I. — Geographical DEiiifEATioNS. Page. Political Jurisdictions, 13 Colonial Grants, ------ 14 Bays and Inlets, - - - - - -17 Principal Rivers, ------ 20 Secondary Rivers, - - - - 26 Towns, 28 Face of the Country, 35 BOOK n. — Getsteral Observations. Vegetable Beauty and Fertility, - - - 41 Native Plants, 42 Minerals, 44 Articles of Cultivation, ----- 45 Stock Raising, - 48 Manufacturing Advantages, - - - - 51 Commercial Facilities, ----- 52 Resources and Prospects, ----- 53 BOOK III. — Water op Texas. Water Courses — Fountains, - - - 55 Sinking of Streams, - - - - - -56 Overflows, ------- 57 The Dry Season — Lakes, &c. - - - - 59 Fish, &c. - 60 Water Fowl, 61 BOOK IV. — Timber Lands. Prairie, 63 Woodland, 64 Trees and Shrabs, ----- 66 Building Materials, 70 Fruits, &c. 71 Wild Animals, ------ 74 BOOK V.~ Climate. Causes of Disease, 77 Indolence, 78 Intemperance, ------ gO Salubrity, 81 Changes of Climate, ----- §2 Upper and Lower Texas, - - - - 86 Insects and Reptiles, ----- 88 Moss or Spanish Beard, ----- 89 BOOK VL — Savages. Marauders, ------- 91 CivilizedTribes — Policy of Whites, - - - 94 Warriors, 98 a2 V vi CONTENTS. Page. White Instigators, 100 A Rencounter, 101 Subdued Tribes, 104 Unsubdued Tribes, 106 Choctaw Tradition, 110 BOOK VII.— The Mexicans. National Character, 115 Confederation — Population, - - - - 116 Power, 117 Worship, 119 Instruction — Negroes — Mixed Races, - - . - 120 Whites, 121 Politics, - - - 123 Finances, - 129 Public Lands — Agriculture, - - - - 131 Commerce — Mines, 133 Manufactures, 134 Laws — Army, 136 Church, 137 States and Tribes, 139 Health — Encouragement to Foreigners, - - 140 Colonization Laws, 142 Laws of Coahuila and Texas, . - - . 160 BOOK VIII.— People of Texas. Early Settlers, ... - - - 177 Character of Emigrants, 178 Innovators, - - - - - - -179 PoUtical Events, 183 Secessional Constitution, 196 Petitions, 206 Austin's Correspondence, 210 Party Addresses, 220 Legislative Proceedings, - - - - - 231 Official Communications, - . - - 238 War Faction, 247 Late Occurrences, 254 Probable Result, 269 BOOK IX. — CoNCLUDiirG Reflections. Emigration, 271 Inducements to Emigrants, ... - 278 Land Impositions, 285 National ReUgion, 293 Abuse of Religion, - 295 Conclusion, 313 Appendix, 317 Constitution of the Mexican United States, - 322 PREFACE Worthy Reader, Holding the axiom to be self-evident — that a man's dignity ar- ises in proportion to his usefulness ; as all nature cries aloud, " that its Author never intended there should be such an anomaly as an independent beijig; far less man, reasoning man, who, although still left after his fall, the lord of the creation, ought in all justice to suffer to the utmost extent of that curse, which was annexed to his disobe- dience : as a proof thereof he is — as it were to correct the passions and to humble the pride of his wayward and stubborn heart — not only ushered into this world the most helpless and feeble creature upon earth, but afterward continues longer than any other animal, to stand in need of assistance from his own species, before he is in any meas- ure calculated to prove his superiority over the instinctive brute : — surely, then, as all in their turn must be receivers, so should all accor- ding to their power be dispensers of those gifts, whether physical or mental, which they may possess. Viewing it thus, I have taken it upon me to publish a few remarks, throwing myself with confidence on the generosity of the practically experienced, who, by the independency of their minds have so far matured reason as to distinguish at once between the spurious merits of the presumptuous, and the genuine worth of the diffident. Still, however, it is with no inconsiderable degree of fear that I take upon me to perform the task of an author, which, in justice to the feelings of a judicious reader, demands the utmost abilities of those who are enriched by the superior endowments of nature — and on which en- dowments there have been built the ennobling sciences of the schools. Such benefits, when united with the experimental knowledge of man- kind, so essentially necessary to produce the finished mind, must, when rightly directed, not only prove a blessing to the individuals themselves, but to countless thousands of their fellow mortals. By nature on the side of mediocrity, and by science in the rear, it has therefore been by the jostle of mankind, throughout thirty years maturing experience in the busy world, that I have been brought to such a measure of thought, as to judge cautiously, charitably, and in some degree philanthropically of the actions of men. Although I have found Avarice, Passion and Prejudice the governing powers of this world, yet when we consider man in the abstract, allowing a sufficiency of indulgence for the force of education, local habits and national customs ; combined with those surrounding circumstances Tiii PREFACE. over which he can (physically speaking,) have but little or no control, hurrynig him through the heat of misguided ambition, so frequently into those scenes and to those actions which his cool and reflecting judgment so much abhors and detests ; we shall, in a moral point of view, find that there are more, much more, of the emotions of virtue than vice in his composition. I am induced to make these remarks at this time, from the acquain- tance I have formed with the people, and with the country of Texas ; believing that no country or people, so nearly allied with the republi- cans of the North, have ever been less impartially considered ; or when spoken of, more unwarrantably exposed to the extremes of cal- umny and panegyric : each in its turn creating no little excitement in the breasts of those who are anxious to know of things Jwsj; as they are, before a movement should be made which might bring disap- pointment, if not ruin, in its train. Therefore have I covenanted — let the consequence be what it may '■ — to steer a neutral course, between the extravagant representations of the monopolizing land speculator, and the unwarrantable scurrility of the viciously prejudiced — prejudiced because they found wanting a capital, as in older countries, and because hardships were to be en dured, as in every new country, before idleness could be indulged, or luxuries obtained ! And to insure the convincement of my reader — I have no lands in Texas to sell, although I have lived three years in that country, and that, too, on the frontiers ; besides making one of four who explored it, in the year 1830, from side to side, and from settlement to settle- ment, during the space of six months, without once sleeping within the walls of a house. Nay, farther, being under the necessity of vis- iting the country in 1835, I had the curiosity to spend six months more, in examining the improvements made throughout every locality of that extensive province ; in order that none should be able to de- tect a falsehood, or prove a material error, which could either mislead, or seriously injure those who may put confidence in this work. May I not confidently trust then, after expending upwards of one thou- sand dollars, in addition to the hardships endured throughout such protracted excursions, that the description given will be believed to flow from a mind that wishes to be governed by the truth, as far as ^rese/if circumstances, or ^zie interested to commence a town. Navasoto sulphur springs are situated in the northeast corner of Austin's first colony, sixty-five miles northeast of San Felipe, on the Navasoto, an eastern branch of the river Brazos, in a beautifully agreeable, undulated, and healthy part of the country, containing as yet , (especially on the north, and west,) plenty of wild game of many kinds. What peculiar complaints are removed by these springs, has not as yet been particlarly examined into by the writer, but, as he has met with many, who after they had tasted them, have extolled them to the highest de- gree, he must believe, that when analyzed by scientific men, these waters will be found of a superior quality. Bexar, formerly San Antonio, capital of the Bexar ju- risdiction, in the department of Bexar, one hundred and sixty-five miles, west by south of San Felipe, and one hundred and ten miles from the river Nueces, by the road leading to Leona Vicario, formerly Saltillo, capital of Coahuila. Its situation is in latitude 29 deg. 26 min. Longitude 21 deg. 38 min. This town contains from twelve hundred, to fifteen hundred citizens, exclusive of garrison soldiers, and trad- ing peddlers of every description, who resort to it from the borders of the Rio Grande, as their nearest depot of American goods. Its site is one of the most beautiful in the western world — its air salubrious — its water delightful — and the health of its citizens proverbial! The soil around it is light, but prolific, being capable of irrigation ; and the land of the whole department is well calculated for cotton, corn, and small grain, besides esculents. Galiod, formerly La Bahia — situated on the southwest side of Rio San Antonio, in the extreme south central part of Bexar department, northwest corner of De Leon's colony, and northeast corner of Power's colony, eighty miles north by east of St. Patrick's, on the Nueces, in M'MuUen and M'Glone's colony. This town stands on the borders of a widely extended, TOWNS. 33 level prairie plain; therefore it is second in health to no town of southern Texas, except Matagorda; as its water is pleasant, and though the soil around it is sandy, yet is as good as it is easy to cultivate. Gonzales, capital of De Witt's colony, department of Bexar — seventy-five miles west by south of Montezuma, on the Bexar road to San Felipe, and ninety miles north by west of Cox's Point, its principal port of entry, on the northwest head of Matagorda Bay. This town is situated on the southeast margin of the river Gaudalupe, between two large and luxuriant prairies, the one on its northwest side and the other on its south- east; which prairies have their northwest and southeast borders beautifully variegated with live-oak groves, post- oak and muskit knolls; over which knolls, lie scattered immense quantities of the finest building stones, and through which meander the sweetest of spring water rills. For beauty of prospect, salubrity of climate , and the goodness of its river water, it is surpassed by no other town or location in the province, with the exception of Bexar. Its site is surrounded by a soil which is a perfect specimen of the whole colony — a dark unctuous mellow mould — so agreeably mixed with-\vhite sand as to make it alike superior, for the productions of the garden, the or- chard, and the farm. Victoria, capital of De Leon's colony, in the department of Bexar, on the east side of the Rio Gaudalupe, in a good prairie soil, with mellow rich woodlands, both of hill and dale, in its vicinity. Its situation is comparatively healthy; and, being on the margin of the Guadalupe, its waters are nourishing, and agreeable to the taste. St. Patrick, capital of M'Mullen and M'Glone's colony — situated on the northeast side of the Rio de las Nueces, ten miles from its mouth. This town must be of considerable importance, as it is the thoroughfare between Matamoros, and the southern colonies of Texas. Matamoros, on the south side of the Rio Bravo, forty-five miles from its mouth, and twenty-five miles from the Bay of Braso Santiago, is a town of much mechanical business 34 HISTORY OF TEXAS. and inland trade, wilh some fifteen thousand inhabitants — distant only one hundred and twenty miles from St. Patrick, southwestern department of Bexar. Refugio — capital of Powers' colony, department of Bexar. This town is placed in a pleasant and romantic situation, on the north side of the Aransaso river, five miles from the head of the northwest prong of the Aransaso Bay. San Anna, in Bexar department, at the junction of the Navedad and La Baca rivers. It is an important and interesting place, for the north and western parts of the province, as it is the main port of entry west, for goods from the sea-poils, for that part of the country ; as vessels which can ascend within six miles of the Colorado's mouth, can also ascend Matagorda west to Cox's Point, — twelve miles distant, by deep river water, from, this town of San Anna. There are but few other town sites, as yet located within the jurisdiction of Bexar, although nature has pointed out many a suitable place for them, which will be taken advan- tage of, by the increase of society. For instance, at Cox's Point in De Leon's colony, west head of Matagorda Bayj on the east side of the Guadalupe twenty-five miles above the town of Gonsales, where nature has formed one of the finest mill races in the province ; on the west of the Colorado in Woodbury and Co.'s colony, opposite the mouth of its northern branch, Pasigona; in Cameron's second colony; and in Woodbury and Co.'s, on the southwestern branches of the river Colorado: as also in Milam's new colony, near the silver mines of San Saba, and the northeast side of the Guadalupe, same colony : besides those which may be located south of Bexar, on the San Antonio river and its branches; and, in M' Mullen and M' Clone's colony, at the mouth of the Rio Frio, where it enters the Nueces. The reader will observe by what has been said, that the province of Texas comprises as yet no large towns within its limits ; yea, not even Bexar itself, which was constituted as one of the first military garrisons, placed by the viceroys of Old Spain, as a safe-guard to the inhabitants of the Rio Grande, against the predatory excursions of their restless neighbors the Comanche Indians. In vain also will he FACE OF THE COUNTRY. 35 look to Nacogdoches, established upon the same principle, about the same period, in order to overawe the \vandering tribes of red men, between their borders and the colonists of Great Britain. Far less will he look to Refugio, one of the first Missionaiy stations founded through the laudable motives of the Spanish priesthood, for the conversion of the friendly Indians, scattered throughout the southern borders of their American possessions. And let us bear in mind, that the American settlers of the province had first to be of those who lived chiefly on the chase, and were more anxious to secure lands than anything else; the finding of which naturally scattered them over such an extent of country, as made it inimical to the growth of towns; so much so, that San Felipe, the first American settlement, of fourteen years standing in the province, is yet a small place, in comparison with some recent towns east of Red River. But it will soon be with the inhabitants of Texas, according to the western pioneer's proverb — 'Give me a rich country, and I will soon give you a large town!' It should likewise be kept in mind, that I have not been able to describe all the grants, given in land by the Mexican government, as they are but of recent date, and will be best known, by application on the desired spot, coveted in Texas, from out of the following superficies. FACE OF THE COUNTRY. In describing the surface of TexDS, v/e must take it in its threefold division, of plain, rolling, and mountainous — proceeding from the gulf of Mexico, to the interior. The plain country, which mjy be termed a dead level, with here and there a gentle slope, is thirty miles broad at the Sabine, gradually extending its Ire: dlh to one hundred miles on the Colorado, (which is the center of this level country,) afterwards as gradually narrowing it, to a point on the Nueces, south by west of Si n Antonio de Bexar. In passing from the east through this extent of country, we first find on the north and west of Lake Sabine, a low, woody, cane-brake country; and, on the southwest between Sabine Lake and Galveston Bay, sunken prairies, rather 36 HISTORY OF TEXAS. cheerless and sterile in their appearance, until we pass the northeast point of Galveston — where they assume a pleasant and attracting aspect. Crossing over the woody bottom of the Trinidad, we find a large extent of gentle sloping prairie lands, here and there enlivened by skirts of timber, except near Galveston, where the prairie be- comes naked and marshy. Leaving the lands of San Jacinto, and Buffalo Bayou, which are considerably interspersed wi*h fine undulations, (a thing not to be met with a second time in this region,) we find the whole country from Galveston Bay, to Brazos river, one extensive prairie; rather low and swampy on the Gulf coast, but in its interior plain, considerably relieved by creek timbers, and solitary groves. Moving onward, from the east side of the Brazos' broad timbered bottom, to the west side of Cane, we find but little prairie except on the north side of this level stietch, and down the west bank of the Brazos timbers, to a point at the town of Columbia; the balance being in general an extensive woody bottom, interspersed with immensely large cane-brakes, — which bottom, on the sea-board, becomes somewhat low, and miry in a wet season. On both sides of the river Colorado — with the excep- tion of its timbers, from Cane on the east, to Navedad on the west, we find it one solid prairie — apparently rich, and truly magnificent — being intersected, at various points and distances, with variegated clubs of timber, and continuous meandering skirts, v/hich point out the various branches and creeks of these three rivers. In continuing our route west of the Navedad, we still progress, more and more, into a light sandy soil prairie, to the north and west considerably sloping, but to the south and southeast perfectly flat; and on the shores of Matagorda, Aransaso, Espiritu, and Nueces Bays, not on- ly flat, but wet, and sterile in appearance, almost through- out every change of the season. However, the rivers Guadalupe, San Antonio, Aransaso, and Nueces, with their numerous branches, create a relief to the eye, and a con- fidence to the land hunter which will not be disappointed. The rolling, or undulated part of Texas, embraces by FACE OF THE COUNTRY. 37 far the largest portion of that province ; lying in the form of a triangle, with the center of its base line on the Sa- bine, in latitude 32 degrees, and its vertical point resting on the Colorado, middle of Austin's second colony, longi- tude 20 deg. 30 min. In exploring the base of this extensive portion of the country, situated between the rivers Sabine and Trini- dad, we find it a wooded surface, having but few prairies and those smill, particularly on the river Naches and all its branches, as well as those of the Sabine, which mean- ders through an excessively broken country of timber land; and, below the junction of the Ayish Bayou with the Naches river, it is closely incumbered with scrubby undergrowths of every kind, with here and there a small cane-brake. But the country of this base, as we descend from Red Hiver, is more open, and the sides of its undulated swells not so abrupt, presenting at the same time numerous tracts of woods; which, as we approach the Trinidad, are more open and free from undergrowth. Upon a level sur- face, the distance at which objects can be seen, through these pleasant forest glades, is surprising; and open as they are to the influence of the sun, a thick carpet of grass is formed underneath, affording a plentiful and nutritious range. Now, reader, your relator is lost for words to describe the balance of this landscape triangle, after crossing the river Trinidid; as no language can convey to the mind any thing adequate to the emotions felt by the visiter, m ascending this vast irregularly regular slope of im- mense undulated plains, which expand before the eye in graceful rolls, affording from the summits of their gentle swells, a boundless prospect of verdure — blending in the distance, to the utmost extent of vision, with the blue of the horizon. Few spectacles surpass it in beauty and magnificence. The boundless expanse and profound re- pose of these immense plains, excite emotions of sublimity akin to those which arise from a contemplation of the ocean, in its display of undulatory movements. Yea, a more grand and stupendous .silence even broods over these D 38 HISTORY OF TEXA«. regions, where often neither sound nor sight, foreign to the scene, disturbs the contemplation of the passing traveler. These rolling prairies are generally divided by a broad declivious vale, through which meanders in sweeping curves, one of those brooks, creeks, or branches, which enter the Trinidad, or Brazos, or Colorado; on which, as they approach these rivers, there is more or less of tim- ber, relieving the eye, in unison with these fine airy groves of every shape, with which the prairie mounds are studded — with spaces in them seemingly designed for buildings. Nature invites the cultures of art with the most alluring smiles. In many places these eminences, or inclined plains are regularly and beautifully decorated with timber, forming straight rows or colonnades ; then va- riegated into serpentine avenues, arches, or verdant alcoves, charming in their appearance and soothing in their effect. These rows of timber and picturesque groves are called islands, from the striking resemblance they present to small tracts of land surrounded by water. Nothing can be more natural than the comparison, as the prairies often assume the appearance of a lake both in surface and color; and in the remoter parts the hue melts into that of distant water. And it requires no very great effort of the ima- gination, especially in certain states of the weather, and changes of the light, to fancy that such is the reality of the scene. Yea, so much has nature contributed to the illusory appearance of these groves, that they often pre- sent all the beauty of art. For the trees are of nearly equal size, and grow near together, without underwood, and present outlines perfectly well defined, and often sur- prisingly regular; some appearing to form exact circles or ovals, while others are nearly square or oblong with scarcely a single tree projecting beyond; — so that it is found difficult to divest one's self of the impression that much of the land had been lately cleared, and these were the remains of the forest. Taking this interesting part of the province in all its bearings, I doubt whether another could be found like it on the continent — from its one mile encircled prairie, to FACE OF THE COUNTRY. 39 those of twenty miles, without a solitary tree, shrub or bush. And although the music of brooks and water-falls is not heard to enliven nature — now leaping from rock to rock in frolic play, and again tossing over foaming cas- cades of mountain scenery — yet there are but few streams, which reveal not from their clear depths every little peb- ble and shining grain of sand; at one time expanding their swelling bosoms to the broad eye of day, reflecting back the sparkling sun-beams as from a thousand mirrors; now flowing smoothly over their beds of sand, then coyly re- treating beneath the shade of overhanging foliage and the more delicate net-work of the skirting wood. Elevations of land, from the round pigmy hills of a foot high, to the elongated- mountains of the fourth magnitude, are to be met with in this section of the country ; from whose summits there is always an enlivening, and often a magnificent prospect. Out of many which might be de- scribed, there is one which is well worth the fatigue of a hundred miles' journey to see — immediately on the road from Bexar to San Felipe, thirteen miles east from the Gaudalupc. On ascending from the Coloi-ado up this in- clined plain, for the first time, we are suddenly stopped on the west edge of a rather abrupt declivity, with astonish- ment and wonder. Well may it receive the appellation of mount Pisgah ; for, like Moses of old, we are made to exclaim — 'Behold the land of Canaan, and the best of it lies before you 1' For the whole undulated valley of the river Gaudalupe, with its branches, its prairies, its woods, its hills, and its vales, as far north, west, and south as vision can extend, lies under your enraptured gaze, in a full panoramic view. The mountain range of Texas commences from a spur of what is called the Cerra Madre, (mother mountain,) which it leaves near the junction of the Rio Puerco with the Rio Bravo, and passing in a north-easterly direction, enters Texas at the sources of the Nueces river. Thence continuing in the same direction to the head waters of the San Saba, crossing the Colorado some distance below the mouth of that river, it is finally lost in the undulating lands of the upper Brazos. 40 HISTORY OF TEXAS. Spurs of this mountain range also extend southwardly down the rivers Madina and Gaudalupe, to the vicinity of Bexar. Spurs likewise extend down the rivers Llanos and Piedernales, and the smaller western tributaries of the Colorado. Similar spurs stretch up the Colorado, above San Saba, to a considerable distance, and round the head waters of the San Andres and Bosque, tributaries of the Brazos. These mountains are of third and fourth mag- nitude in point of elevation. Those of San Saba are much the highest. They are in many places thickly covered with forests, interspersed with a great variety of shrubbery. Extensive valleys of alluvial soil are found throughout this range, particularly upon the water courses. Most of these lands are irrigatable, from the numerous streams which flow down the mountains above them; and the sides of some of these mountains, with not a few of their sum- mits, are susceptible of cultivation. This range of country is peculiarly abundant in copious fountains of limpid water, which give rise to numberless rivulets that flow off with rapid current, and unite to form the large rivers of the central and western parts of the province. The scenery of this country is grand and beautiful : — here a romantic dell — there an enchanting alcove — and yonder a picturesque cascade, surrounded by the wood and the vine, in view of the rich glen and limpid brook which bends and curves from its vicinity; so that the traveler in passing from mountain to mountain, and from hill to hill, meets with the same repetition, except varied in all the multifariousness of nature's witcheries in her most frolicsome mood; sobering oflf to the eastward, until he meets her in the staid habits of hill and vale again — which she has smoothed down on the upper waters of the Gaudalupe, to the most graceful undulations, and rich sloping lands, covered with their rich robes of eternal verdure. Extent of arable lands. — East of the Trinidad river, there will be found one third of the whole fit for the plough. Between the Trinidad and the Colorado rivers, one half of the lands are tillable. West of the Colorado, one fourth of the surface can be labored. BOOK II GENERAL OBSERVATIONS. VEGETABLE BEAUTY AND FERTILITY. The province of Texas in general, for native beauty, and the lower division in particular for exuberant fecundity, is excelled by no other country 1 have ever known; ex- cept perhaps in ihe first by Scotland, and it may be in the last by Demerara, South America. And although it is as yet but partially cultivated, still it yields its hundreds and its thousands, not only of those things needful for man and beast, but of those which may be termed the superfluities of their existence. Yea, its spontaneous productions meet the astonished traveler at every step, in such abundance, as can scarcely be believed by one who has not had an opportunity of seeing and judging for himself Were a man to explore these regions, particularly in the spring months, he would find such a variety of useful and ornamental plants, as would exercise all the powers which he might possess of delineation and description; as he would find the earth covered with their expanding blossoms ; the air perfumed with their aromatic fragrance ; both combined so as to en- chant the sensitive mind into elysian ideas — confirmed by the gratified eye, until every feeling becomes immersed into poetic inspirations; unfolding the curtain of conjecture, and laying open to the delighted view, in real life, those fabled dreams of the Elysian fields. Enthusiasm kindles around the pen, when it would at- tempt to describe such scenes as must forever beggar a mas- ter's pencil, and must be visited to be known; as no words can do justice to their peculiar appearance: here an alcove of enameled flowers — there an unmeasured d2 41 42 HISTORY OF TEXAS. { field of herbs, flowers, and plants; yonder the clear sweep- ing greenwoods, with their outlines as if guided by the band of art; along whose edge tastefully stands the thickset sumac hedge, and whose trunks are fancifully dressed with the vine and the honey-suckle; rendering it difficult, when approaching one of these delightful places, not to surren- der yourself to the pleasing illusion, that you are sur- veying the park and lawn of some elegant mansion embo- somed among the swelling hills or beautiful groves which surround you. Here then a botanist would meet, on these prairies of perpetual verdure, such a variety of flowers, plants, and roots, of kinds so various, and without doubt if their vir- tues were known, of such intrinsic worth, as fully to com- pensate for every trouble taken in their investigation. NATIVE PLANTS. No common traveler will find it possible to follow up the flowery profusion through all the gradations which he must meet with at every fresh turn, from the largest flow- er to be found on the continent, to the most delicate, and to the most gaudy; while he is too often without a guide to their designation or class; recognising only those speci- mens of kinds, generally to be found in our gardens of the United States: such as the red and white roses, the May- flower, the wild-pinks, the red and yellow lilies, the jessa- mine, the cowslips, the golden-rod, the heart's-ease, the wild-hollyhock, and the pond-lilies, &c. Then there are the herb varieties, as I may say, of ev- ery clime; from those of the most northern mountain tops, to the extreme southern vale; a convincing proof of the various soil and diverse climate which give them birth. Out of which I can give but few examples, such as the balm of Giiead, the cinque-foil, the eye-bright, the noble- liverwort, the wild-liverwort, the maiden-hair, the blood- wort, the plantain, the rattle-snake plantain, the toad plan- tain, the nettles, the ground-ivy, the water-cresses, and the yarrow-root, &c. O! what a field for a doctor of the Thompsonian princi- ple to practise on, in this country, which I have seen some NATIVE PLANTS. 43 of them do, with such success from the root and herb med- icines thereof, as would but subject the relator to ridicule, in too many parts of these United States. However, let that pass with the herbs above, and let us look at some ,- of the roots and plants below, such as the spinkenard (or petty-morrel,) the elecampane, the angelica, the sarsapa- rilla, the ginseng, the licorice, the mandrake, the wild-po- tato, the ground-nut, the snake-root, the gold-thread, the devil's-bit, the blood-root, the wild-parsnip, the onion, the garlic, the hellebore white and black, and Solomon's-seal, with, as before, many an et-cetera! Of the tea plants there are many kinds made use of by the citizens of Texas, the leaves of which would not dis- grace the richest China urn, and the flavor of which is equal to the best hyson, and it has been taken as such by the most epicurean connoisseur. A head-ache flies at its approach , and a decoction of it taken in bed never fails to counteract the severest cold. The indigo grows here in luxurious profusion, and its plants are rich and juicy, requiring only the aid of the careful and industrious house-wife to produce a dye, if not superior, yet equal to the far famed Prussian blue. The nopal, or prickly-pear, deserves a passing notice, as it is the vegetable which is fed on by the insect that yields the cochineal dye; which I have never seen in the Northern States grow over six or eight inches in height, while in Texas there are impenetrable thickets of it, higher than a man on horseback. This plant produces an im- mense quantity of fruit, which, together with the young leaves, furnishes food for vast herds of cattle and wild horses. Of the fruit of the nopal, there are two kinds; one is scarlet, about the size of a common pear, with much of its shape; the other is much longer, and when ripe, of a yellowish white color. The latter is much esteemed, and is gathered by the Mexicans to be sold as a choice fruit. During the revolution, the army of Patriots commanded by General Toledo, who was defeated by the Royahsts on the southwestern plains of Bexar in '13, was at one time preserved from famine by the fruit of the nopal: which circumstance, in connexion with its never-failing 44 HISTORY OF TEXAS. abundance, its closely compact form, its prickly aspect, its great value for feeding cattle, and for nourishing the cochineal insect, suggested the idea of adopting it as a part of the Mexican Arms. MINERALS. In traveling through this country of fruits, roots, and minerals, it will be better for every inexperienced and uninstructed man to leave his curiosity ungratified, than to taste; as many have suffered and some have died, through the effects of their own temerity; as every mem ber of the exploring company, with which I was connected in the summer of 1830, can by their own experience testify, particularly by their making too free with the water-rills oozing from mineral beds: which leads me to suppose that the mineralogist, in search of fossils, would be amply remunerated by the search. Although in that department of science I confess my ignorance, yet by the glimpses, now and then, that I was able to take of the sur- face of mineral depositories, so plentifully scattered throughout the whole country — more particularly the mountainous parts — I am led to believe that in some future period, not far distant, the enterprising miner will be one of the most wealthy and independent men of the state ; as the variety arises in gradation from the iron-ore, to that of the silver; and in all probability, we might ex- tend our views even to that of gold! Having found the iron, the lead, and the mineral coal, I shall leave the gold for future inspection; as well as that large mass of metal which is known to exist near the head waters of the Brazos, said to be several tons in weight, malleable and bright, having little oxide or rust upon its surface. A large piece of this metal was taken to New York many years since, by way of Natchitoches, under a belief that it was platina ; upon which the chemists of that city made experiments, and it is said, proved it to be pure iron in a malleable state. The existence of such a mass of metal is as remarkable, as the fact- is unquestionable; but whether it be iron, is perhaps not so well attested. It is well known, however, that there are mines on the ARTICLES OF CULTIVATION. 45 branches of the Colorado, (to say nothing of the Brazos,) that in former times produced a considerable revenue to the Spanish crown; particularly San Saba, which still stands upon record in the archives of Mexico, as of the third quality ever wrought within the boundaries of New Spain. But ever since they have fallen into the hands of the revolutionists, they have through necessity been neglected, as the republicans have had enough of them in the interior to employ all their spare hands; at least I may say their spare soldiers ; as the savage foe, ever since they cut off the San Saba workmen, have been in no little degree, masters of their northeastern frontiers; taking ad- vantage of the Mexican troubles, to become uncommonly noisome and refractory. Leaving these things and pursuits, to be followed as they may, we shall take a closer observation and a more minute inspection of those things and pursuits, which are of a much more consequential nature to the mass of the people; because they can exist without silver or gold, but not without food and raiment. ARTICLES OF CULTIVATION. I shall ask then — Is it not a well known fact, that in New Orleans, the merchant gives as much, if not from one to three cents more for the Texas cotton than for that of Louisiana? And cannot the Texian farmer of the Gulf coast, raise as much if not some hundred pounds more of it to the acre, than the planters can in any part of the United States? Let us examine and judge by what we have seen; re- membering always that three pounds and one quarter of seed cotton in that country, yields one pound of clean, and that they are not so subject to the heavy rains, which often occur during crop time in Louisiana. Is it a wonder then, that the farmers of the rich, black sandy alluvial bottoms, should boast of their four thousand pounds per acre, one year with another; while those who cultivate the stiff, black lime soil, and those who occupy that of a reddish complexion, can vaunt of their three tlaousand five hundred pounds per acre, in all ordinary seasons? And, 46 HISTORY OF TEXAS. wherever the black uplands have been improved, they have commonly brought their three thousand pounds per acre. Who, then, would not emphatically exclaim, this is a cot- ton growing country? for of a surety its advantages for raising this article are superior to those of any part of the United States. The next article of profit to the hands of the cultivator, on the Bay shores, would be that of the sugar cane. The species called the violet, would have the advantage of the riband cane, by coming to maturity earlier in case of frost; a thing which is long in coming, and has but little effect when it does come, on these level plains within the vicinity of the sea-board, especially where they are protected on the north and east, by river bottom timber, or post-oak ridges. In consideration of all these advantages, those who shall see meet to turn their exertions to the making of sugar and rum, will find their recompense, by an unlimited quantity, as it were, of returns to the capital and soil em- ployed ; and that too, both as to flavor and quality, if not euperior, yet equal to the West Indian productions of the same kind and name. When at the same time the lower section of the country and its equally level valleys would be thus occupied, its mid-lands would produce wheat in such quantities, as could not fail to realize a considerable profit to the grower, as where it has been attempted, it has produced from thirty to forty bushels to the acre. And were there grist mills erected, and distilleries raised, there would then, be- sides wheat, be enough of barley produced, from the light mellow soil of the sloping prairies, and post-oak lands, not only to supply the country's consumption, but to export, in a raw or manufactured state, to a considerable amount. Of course there could be oats in sufficiency, from the mountainous districts, to supply the people of the whole province with feed for their stable horses, and rye in abundance, if a market could be found in a country, where so little necessity exists for hoarding up stable provender of any kind. As for corn, that useful production, which can be reared, almost, on any spot of our continent, and ARTICLES OF CULTIVATION. 47 which is of such an attractive virtue, as to bring every thing else, like substantiality and comfort, around the cabin of the pioneer, (for without it his homestead looks barren, and his house stock looks wretched, even in Texas !) need any family in the province be without this staff of life, so necessary for their well-being, and by them so easily attained, as has already been amply demonstra- ted, — by its yielding from thirty to forty bushels per acre, when only planted by new comers m an open woody bottom with a marlin-spike, and never dressed afterwards, nor otherwise tended, except to keep as much as possible the vermin from devouring its ears, until they could be gathered into the crib. What then will be the result, when the country is covered with industrious inhabitants, the ground properly prepared, and the plants respectively attended to, as in the states of the North ? Why, it will (although some visitors have thought not, but I have seen it raised too often not to know better,) be, calculating upon every drawback, from forty to eighty bushels per acre, ac- cording to the place and season. But in what season, or to what place in Texas, shall we go wrong in looking for sweet potatoes? and that too, of the largest kind to be met with in any country ; so much so, that I fear there are not many out of the pro- vince who will believe me when I have said, that I saw — and not only have seen, but often have assisted in eating, of these potatoes which have weighed upwards of eight pounds each, while at the same time, they were both dry and mellow. From prairie lands or dry soils, the farmers generally have such potatoes produced, at the rate of five hundred bushels per acre, without feeling in the least that there has been any thing uncommon done. Potatoes (Irish) grow equally well here, and are equally good; but strange to tell, if they are planted always from the same jeed, they will degenerate into sweet potatoes in every respect; which by some is not much regretted. Where shall a farmer in this country locate, so that he could entertain the remotest fear of his land's future pov- erty ? I venture to say, nowhere, that a plough can be made to go. It could not be on the highest prairie, for the 48 HISTORY OF TEXAS. higher he could go, the more proportioned would he find, its deep black mould mixed with sand — diminishing not its richness to him, but his labor. Nor could it be on its timbered swells, for the mildness of the climate forbids it, while he holds in his hand the power of rotary cropping, with the luxuriant vines of the pea, the bean, and the pumpkin, with many others so congenial to the climate and the soil; in addition to the heavy, swarthy layers of the brank and the vetch, in co-operation with the pasture and the fallow. Nay farther, tobacco itself shall never be able to beggar the alluvial soil of the province, with all its searching qualities, for it must ever continue to be a superior pro- duction of that country, creating both profit and reputation, (whenever it shall become an article of commerce,) infe- rior to none east of the Sabine. STOCK RAISING. The salable part of a farmer's crop, might, if he were so disposed, be brought to market in better order, and to greater perfection, than any which I know of in North America; because, if Industry proves itself to be For- tune's right hand to a farmer of the United States, who has to provide so many articles of unprofitable consump- tion, how much more so in a country where the farmers are not now — nor ever wi'l be — under much necessity for an over-anxious carefulness in respect to animal proven- der: having no occasion to collect and preserve it for the use of their live stock; as the pasture for cattle both summer and winter is unlimited, and the mast for hogs will in all ordinary seasons continue plentiful. So much is it thus the case, that there is not a sober well-thinking man in the province, who will not aver, (when on his veracity,) that he can do as well as ever he did in a more northern sphere, upon one half of his time employed in manual labor. Yea, I have heard many say, and assert it boldly, too — whom I had no reason to disbe- lieve, by what I had seen myself! — 'That they could do as well on one third!!' And why nx)t? The earth brings forth by handfuls, (as I said before,) with comparatively STOCK RAISING. 49 little or no trouble; while their live stock increases around them with astonishing rapidity, producing their young at an earlier period of life, and having them afterwards more frequently, than those which live in a colder climate; doubling their numbers, independent of all common casu- alties, every two years, by only looking after them, instead of laboring during the extremity of the summer's heat, in order to collect that sustenance which is absolutely neces- sary to preserve them in existence during the rigors of a northern winter. In confirmation of these things — Have not I seen hogs, taken from the timber bottoms, only two years old, and fed on mast alone! weigh when slaughtered, upwards ot three hundred and fifty pounds each? And did not I see a calf only eight months old! taken from the prairie lands — and butchered before the citizens of Gonzales — which weighed three hundred and ten pounds ? I can also say, that I never saw a beef killed, but it outweighed common calculation; while I assure my reader by experience that the flesh is in general fatter, juicier, and tenderer, than any I ever tasted in any other country. The universal complaint about beeves in the fall, and hogs in the spring season, is of their unctuosity! — Fat, too fat ! ! Can it be wondered at, when the whole face of the country — bottom-lands, wood-lands, and prairie uplands — is verdant with grass, which suffers but little diminution in the winter, on these extended bottom-lands, broad cane-brakes, and large muskit grass glens, in the vicinity of which salt-licks are so common, as to seal the authenticity of that saying, which is not without reason, * that it will cost more to raise a brood of chickens in Tex- as, than an equal number of cattle :' as the one is feeble and dependent, and confined to the precincts of the house, where its natural means of subsistence are soon exhausted, and it must be fed and protected; the others range abroad; are nourished and defended by their respective dams, and, feeding on the unfilled and ungarnished harvests of nature, are very soon competent to support and protect themselves. O! what a country to raise horses and mules in, when- ever the number of its citizens shall bid defiance to the E 50 HISTORY OF TEXAS. incursions of the Indian ; making it as safe, and as profita- ble a business to embark in, as that of the cattle and hogs at the present day. Good jacks can be purchased in the neighborhood of the Rio Grande, for about thirty dollars per head ; and good unbroken mares, which are equally as valuable as broken ones, can be had at five dollars apiece, and driven into Texas at an expense, including all risks, estimated at about twenty-five per cent, on the first cost. Therefore, let a small capital be once obtained, the subsequent expenses are trifling — the increase sure and valuable. Mustangs, or wild horses, are often caught in droves by the Mexicans, who drive them into pens constructed for that purpose; after which, they make such selection as will best suit the market; turning the rest out again to their native wilds. If those retained are under four years of age, they are easily subdued and domesticated, espe- cially the mares, which are, many of them, animals of fine figure. Although they are generally inferior in size to the blood horses of the United States, yet they are bold, hardy, and active, better adapted to the saddle than to the harness; and their offspring, from the American horse, is often of a superior kind indeed. Mingled with the herds of mustangs, are often seen jacks, jennies, and mules; but one must be west of the Nueces, or north of the mountains, to see such a beautiful and interesting spec tacle as a large drove of wild horses ; for within the set tlements of Texas, they are not numerous, and are fast diminishing, through the exertions of the inhabitants to enslave them for their benefit, or shoot them down for the hair of their mane and tail; pleading in excuse for the wantonness of their conduct, the safety of their tame horses, which are too apt to be led astray by the gambols of the mustang. With the wild horses are also disappearing the buffalo and the bear ; and deer are getting scarcer and scarcer every day, although a good marksman is sure yet, (if he goes on purpose,) never to return honje without one, — or at least, in lieu thereof, a turky, out of the many droves to be still seen hovering around the skirts of the prairies. MANUFACTURING ADVANTAGES. 51 These turkies grow to an enormous size, especially the males, one of which — I once saw, weigh after it was dressed, twenty-eight pounds ! MANUFACTURING ADVANTAGES. Now, when we take a retrospective view of our western countries, we shall see at once, that Texas outstrips the most rapid of them, in her march of improvement, since the Americans sat down on it as hunters and graziers; now as graziers, farmers and small planters; leaning fast forward to that state which may be termed planters, farm- ers and graziers; and finally, if circumstances shall continue to answer expectations, that of planters, farmers and manu- facturers, bringing in their train the enterprising merchant and artist. All of whom, in competition, never fail to produce luxury and refinement. What an extensive field lies open for the moneyed capi- talist and the scientific mechanic! where they could exercise their respective funds, in the commencing and carrying on of cotton and woollen factories. And would it be too much to say, that of flax also? No! For I have no hesitation in pronouncing it as much a flax country, as it is of any thing else ; being convinced in my traveling through it, by coming upon a small field of it, iii a cleared cane bottom, growing as beautiful as any I had ever seen in Europe ; — it was its equal for length, evenness, and strength of stalk ; so complete in its appearance, that an Irish gentleman in company declared — 'Upon his honor, it was as good as any his mother (who was a proficient in that respect,) ever raised in sweet Ireland!' But it is, like every thing else, which might be pro- duced in the country — not yet fully entered into, and is only waiting for a proper stimulant to be universally adopted. Well then, these factories could be established at the falls of San Antonio, — at those of Guadalupe, — and at those of Colorado and Brazos ; those falls appearing to be formed by the plastic hand of nature, for that very purpose, and that too within the distance of from two hundred and ffty to three hundred and ffty miles of the Rio Grande, 52 HISTORY OF TEXAS. where wool can be had to any amount, at the low price of from three to four cents per pound; and which would not — as it is a dry, easy and direct route — cost more than from six to eight cents per pound, when brought to its place of destination. However, such an importation would soon be superseded, by the farmers of the province turning their attention to the growing of wool, whenever such a profita- ble market should thus be brought to their very doors. For never was there a country better calculated for shpep than that of Texas, whether they are of the long or short wool breed; as its pasture lands are in general rolling, and on that account both dry, airy, and open; it being a standing maxim with the shepherds of every country, — 'That a high, open, airy, dry range, is the only one adapted to the nature of that valuable animal.' And as the post-oak, live-oak, pecan and walnut groves, are plentifully scattered throughout the prairies, shadowy retreats from the rays of the scorching sun, during the noon-day, would be in continual preparation for them; would they not thrive then to a certainty, particularly in the upper parts of the colonies, so as to be a profitable pursuit; provided they were attended to by a shepherd, and his dogs, who would carefully pen them in a secure fold every night, to preserve them in his absence from the panther, the ounce, and the wolf, &c., until such wild and voracious animals are destroyed; as they (especially the last) are at this time, and will for a long time to come, be very numerous and audacious. COMMERCIAL FACILITIES. Now supposing all these considerations were in full operation, and providing water conveyance was insufficient in its natural channels to answer quickly and profitably the demands made upon it — what then? Why, canals and railroads! — which with the increase of wealth and trade must be constructed; as surely the surface of no portion of the western continent, is better calculated for such improvements than that of Texas, in whose eastern and south-central department so much timber abounds, in conjunction with the iron, if you please, of its northwestern RESOURCES AND PROSPECTS. 53 mountains, as to make the enterprise both easy and com- binable, from one side of the country to the other, and from its mountains to its bays in every direction. Which bays with their inlets, are well known to be none of the best, nor ever can be, for two reasons out of several which might be produced : First, on account of the immense quantities of friable clay and sandy particles, carried down from the hills and rolling prairies, every year, by the freshets to the flat coast of the gulf vicinity. Secondly, on account of the Mexican Gulf's tide waters, too often assisted by the south winds, to cope with the surface level of the bay shores — check the river waters — refusing to receive them as it were, until they have added a little more, to the alluvial part of the country from whence they came. Nevertheless, those small vessels that are all-sufficient for the coasting trade, can by good care and correct man- agement, enter those bays with facility; and if large ves- sels should ever be employed, they can, by remaining in the roadsteads, have their loads conveyed to and from them by lighters. So that upon the whole, we may with pro- priety compare this coast with that of South Carolina; which is known to answer, by a little more expense, every end required. However, when the commerce of the country shall re- quire the largest merchant ships, Galveston Bay will be the focus of trade, by having such a large scope of country, whose rivers can be made tributary to it; which, together v/ith rail-roads, will insure to this point two-thirds of the imports and exports of Texas. And It cannot be long, before the foundations of a town will be laid, either upon Galveston island, or the main land below Red-Fish bar, fifteen miles south of the bay head. My impression is, that Bolivar point offers the most fitting location for such a town, which must, at no distant period, take its place among the respectable commercial cities upon the Atlantic coast. RESOURCES AND PROSPECTS. In a few words, it is a country abounding with resources, which have, in spite of every obstacle, stimulated the re- e2 54 HISTORY OF TEXAS. fleeting mind, to venture upon future calculations of profit and independence, at the expense of present happiness and ease ; so much so, that the country is moving onward — although but slowly — more by reason of imaginary, than real causes j still it is with a steady a-nd silent pace, towards that state of society, wherein one will not only meet with all the pleasures of polished life, but with every other concomitant inherent therein. However, when that period shall arrive, is as yet a se- cret hid in the womb of futurity. But one thing we know : if the present political struggle between its inhabitants and the Mexican authorities — shall end well; even so, as to be a recognized State of itself — governed by its own local laws, in conformity with the laws of the Mexican Confederation: — or if the citizens thereof shall continue to consult their true interest — acting accordingly — it must eventually grow, and that too with rapidity, not only in moral, but in physical strength and consequence; not- withstanding the six Cardinal faults it labors under — not only in the opinion of many visitors, — but at present in that of some settlers also, — v/ho have gone to see or set- tle in' it, with their minds possessed by very erroneous ideas, concerning its present prosperous and improved condition. « Those persons who give vent to their morbid feelings, by detraction and slanderous misrepresentations of the country, would do well to ask themselves, — in what part of the world, they can get land for little or nothing? — where obtain so many enjoyments with so little labor? and, what region combines every good?' Now these six particular stumbling-blocks (or objections to Water, Timber, Climate, Savages, Mexicans, and Peo- ple of Texas) shall by us be sifted and analyzed, each in its own book; until we have thoroughly examined the grounds whereon they stand, and pointed out spme of the means whereby these real or seeming difficulties, growing out of those supposed deficiencies, have been already in part — and may in whole be so amended, as to be consider- ed successfully met, and completely surmounted. BOOK ifl-^^^^ WATER OF TEXAS. WATER COURSES. Texas can boast of having as many water courses with- in its boundaries, as any other given portion of the same extent in America j but in the aggregate they are of less consequence to the people, and of less utility to the coun- try, in a commercial point of view than the rivers of any other district of the same proportion on the continent. A map of Texas, displaying as it does, so many rivers and their branches, would lead one to infer that the country en- joyed extraordinary facilities for inland navigation; which is not the fact. The rivers when once entered, though deep, are narrow, and change their courses abruptly, which counter-balances the advantages derived from their depth, and the pretty ample distribution of their waters. There is no water course in the country, to be compared with Red River in Louisiana : as there are- but few, very few indeed, navigable in low water! While during the freshets, they are obstructed by rafts of floating timber, which on ac- count of the level and alluvial nature of the soil through which their greatest body flows, deposit themselves in such numbers and quantity as to bid complete defiance to a free and easy navigation. There is a complete stop put to navigation in many places, particularly in the Col- orado, which has a raft ten miies from its mouth, of very considerable magnitude ; and there it must continue, like those inferior ones in the other rivers, until the inhabitants become enabled by their numbers and wealth to overcome such paltry obstructions. . FOUNTAINS. Although the deficiency of river navigation, or river water, (putting obstructions aside,) is so apparent, as to be 55 56 HISTORY OF TEXAS. undisputable, yet it by no means proves a want of water for the necessary supplies of animal life. There is one thing certain, that no settler in the province could, if he should try, find a spot destitute of fountains, at a distance of five miles from one of those numerous spring creeks, or river branches, which traverse the territory from side to side, and from river to river ; more especially in the mountainous district northwest of the Guadalupe, and the rolling wood- lands east of the Trinidad. Purer water, or more fre- quently to be met with, is seldom to be seen in any coun- try,* barring those noxious fiitrations proceeding from the mineral beds of iron, lead, copper, &c. A man must in some situations sink a well for the con- venience of his family; but he seldom would have to dig- deep, before he would find cool and good tasted water; su- perior in one respect to the water of the cistern, which must so often be had recourse to, on the bottom lands of Red River, to the eternal production of that teasing and annoying insect the musketo. When a family is thus in possession of a well, their live stock can without going too far find a plentiful supply. Still there is one thing not to be denied, that there are but few creeks, which continue running throughout the whole year; and as the visitors of the province generally examine it in the dry season, they are in respect to wa- ter most commonly disappointed. This is partly owing to the roads running through the highest and of course the dryest situations of the country, and partly to the porous nature of the earth, over which the waters of these creeks have to pass ; or to the scorching beams of the meridian sun, which dry up the water beds, during the length of a mid- summer's day; or to the elevation of the land, which drains the rain waters, easily and rapidly from off* its surface. SINKING OF STREAMS. The water sinks by day, and rises by night, in these sand-bed branches that are supplied by small springs; so that a stranger is often surprised in the morning, to find a running stream, where he only found in the evening a dry branch, containing at his encampment (if he was so fortu- OVERFLOWS. 57 nate as to have a guide, or so judicious as to find) one of these never failing broad-leafed ponds ; which he is bound upon conscience to pronounce 'As the sweetest and purest water he ever tasted :' perhaps owing a little of its refinement to the filtrating process it had undergone in rising and sinking through its local bed; and perhaps partly owing to the thirst he had endured throughout the previous dayj which was heightened by disappointed ex- pectations, in looking for water to be in every hollow, which he had, by keeping the highway, to pass over, in proceeding from one prairie to another; but which he found to hold none, except during the wet season, or dur- ing the period of a thunder gust. OVERFLOWS. How often is a visiter, on his coming to the margin of one of these water courses, (whose general appearance is that of a sandy or friable clay,) astonished in feeling it ne- cessary to dismount from his horse, in order to save his own neck and also to allow the animal to ascend the op- posite bank. Upon which bank he either finds a level prairie, or a skirt of timber: if timber — by his looking up the trees he sees the marks of an overflow, it may be at such a distance from the ground as to excite his unqualified surprise. Ho then surveys the length of the course, and finds it upon common principles impossible for the water to fill its bed — besides spreading to such an immense ex- tent on every side, as it must do, before it arises thus high. But owing to two causes the thing is obvious. In the first place, the land above the champaign country, is bro- ken into rolling prairies and woody knolls, undulated like the waves of the ocean; rising into loftiness according to their distance from a large water course, and receding into the most beautiful and enchanting valleys, along each side of a river : no matter how narrow, or broad that river may be, (although few deserve the last appellation,) its banks will be steep and in general its waters rather shallow. So that the surface of the adjacent ground soon throws off the rain which falls upon it, and that too in a very short time, after 58 HISTORY OF TEXAS. having added to the friableness and prolificacy of the plain, by the moistening sediment which it brings along with it when rising, and overwhelming the low lands, with a sluggish, and consequently undetrimental current ; but up- on an equal ratio deepening the centre of every course, especially on the high lands, until they are in appearance the beds of large rivers indeed! In the second place, on account of the vicinity of the mountains, which by their metallic composition, arrest the southern clouds as they roll in their course, until they thicken up and appear as one terrific mass of threatening destruction ; awfully sublime j when the thunders roar, and the lightnings glare ! Then does the north, instead of the south wind, blow; and the rain, which I believe is no where more violent while it lasts than in the open high lands of Texas, fall in such a rapid and apparently universal sheet, as to give one at the time an idea (not an imperfect one neither,) of a second deluge. This appearance is after- wards the more perfect by reason of the little difference there is between the surface of the Gulf stream and that of the adjacent country; which retards the motion of the water until it rises to a height, beyond the credibility of the uninitiated spectator. But let it be remembered, that these swells are but of short continnance, and are far less destructive to the peo- ple's property in general, than a stranger is apt to imagine, as they proceed altogether from a not very frequent, and transitory cause. The cause ceasing, so must the effect; until one searches in vain for water upon the general face of the same ground that was thus overflowed, unless in- deed he looks (contrary to the common custom in the north) up the creek, instead of down. In that case he will be apt to find a small native spring, as it were hid under the brow of a bank, or by the side of the first rolling prairie from whence the hollow run takes its rise. The springs of the country are not so numerous as yet — I say as yet, because the settlers are finding out new ones every day ; neither is the water which issues from them as plentiful as could be expected and desired; from the coolness and boldness of some of them, at their issuing LAKES, 59 point; owing to the extreme dryness of the soil in gen- eral, over which the waters pour; too frequently, espe- cially in the upper parts of the province, swallowing up their contents, to the severe disappointment of both man and beast, during the dry season. THE DRY SEASON. This season in general, sets in about the last of April, and continues to about the first of September. When this is the case, its severity is often mollified, by refreshing showers, which have frequently a singularity attached to them, that I have never observed in any other country, during what is called a drouthy spell ; and for which there is only one way of accounting. I allude to the attractive power of the water courses and their accompanying woods, in drawing down those clouds, which are brought by the south winds from the Gulf, to the prejudice of the prairie lands. During this time of partial refreshings, a man may travel for months, through the whole country of open prai- rie — see the rains falling, shower after shower around him — and yet by carefulness in timing his movements, never get wet. But let him beware of the other two thirds of the year, especially if he would pass t4irough the lower section of the state; for he will not only find it wet, but miry to a fault, particularly in the early spring; when through ex- cessive rains, the agriculturist is often retarded in his early preparations for a crop, as well as a partial stop be- ing put to that safe and expeditious communication which is so desirable and necessary in a community. LAKES, &c. In addition to the water courses already mentioned, there are in Texas several fresh water lakes, some swamps and many ponds. The fresh water swamps are to be found in the greatest profusion, east of Galveston ; the ponds be- tween the Trinidad and the Brazos ; and the lakes west of the Brazos. The principal lake is east of the Cane, in the midst of a prairie, almost ten miles long, and from one to three miles wide — nearly destitute of timber, presenting to full view, a beautiful sheet of water, abounding with 60 HISTORY OF TEXAS. the finest fish and fowls ; and is frequently resorted to by the inhabitants for many miles around. FISH, &c. From the smallest pure lime-stone pond, in the moun- tainous parts of Texas, down to its largest mud swamp, are fish in abundance, almost of every variety to be found in North America; a few kinds of which I have particularly observed, such as the Perch, the Trout, the Pike, the Cat-iish, the Carp, the Chub, the Pout, and the Buffalo j besides those to be found in its salt waters, such as the Cat, the Sturgeon, the Mullet, the Sheepshead, and a species of Trout, with the E,ed-fish, which are so numerous in Gal- veston Bay as to give name to its northern bar. These fish are excellent in quality, and quite large, some of them weighing from ten to fifty pounds. In addition to all these, there are Shrimps, Crabs, Turtles hard and soft shell, and Oysters. Of the last, those of Matagorda Bay, for quantity, goodness and flavor, are excelled by none to be found in the Mexican Gulf: such beds too, as line both sides of the peninsula, which stretches from the main land, between the northwest head of the Bay, and the mouth of Canebrake river, thirty miles in length, and from half a mile to five miles in breadth, are not often to be met with on the coast of America! It may well be supposed, that where such a variety of fish abounds, there also will their enemies by land and water be gathered together. The most formidable of such are the Alligators, which are unfortunately numerous in the Bays and their neighboring streams, and are to be found sometimes enormously large. Then there is the Alligator Gar, a singular animal, in form half fish, and half alligator. It is a worthless fish, with a snout of im- mense length, and is sometimes caught in the rivers and ponds — but seldom eaten. Then there is the Water Moccason, a disgusting animal of the snake species, of more dangerous qualities than the rattlesnake ; as the one in the bush, is a generous, although a poisonous enemy; and the other in the fen, is equally poisonous, without one spark of generosity in his composition. WATER FOWL. 61 WATER FOWL. Of the fowls which make fish their prey, and the water their haunts, there are immense flocks, especially in the winter; and more particularly in and around Galveston Bay, which is kept literally alive with their noise and motion; and the eggs of such fowls are found in great quantities upon the shores of the islands, bays, and harbors, us well as upon the margin of swamps, marshes and lakes. To designate those fowls by kind or name, which the mildness of the weather and the quantity of marine food bring together in Texas, would be rather a difficult task. I shall content myself with a few of the most prominent; such as, the Pelican, the Crane, the Goose, the Brandt, the Duck, the Curlew, the Swan, the Loon, the Teal, the Cormorant, the Stork, the Snipe, the King-fisher, the Water-hen, the Fish-hawk, and the Eagle. The Pelicans resort in such numbers to an island in Galveston, as to give it their name ; and the cranes cover the marshes ; their young are wholly white, of spotless brightness, and when in a sitting posture, are extremely graceful. CONCLUSION. We may with safety say — that there is as much water ascends from the bowels of the earth, and descends from the clouds of heaven, in the province of Texas, throughout the year (though it may be, not with the same regularity, and to the same beneficial efiect,) as generally does in any other country, of a more northern latitude. As we move on southwardly to the equator, the tendency to the regular division of wet and dry seasons increases, I until there is no other distinction made, except that the I dry is the longest. BOOK IV TIMBER LANDS. PRAIRIE. Theke is not that quantity of wood to the extent ot country, which is generally to be found in the northern United States; but is one tenth of the timber, which is cut down by the farmers of the North, made use of for useful purposes? And, if ihey had their choice of as good land, without the trouble of clearing it, would they not prefer it, providing they had a sufhciency of wood for their domestic consumption? Which is the case in Texas as a whole, in nine selecti( ns, made as yet, out of ten! as there are but few land holders who have not more or less of what are called timbered bottoms, and what are com- monly termed post-oak ridges in their selections ; although these selections have been particularly made with an eye to the value of their prairies, which are but seldom infe- rior to the timbered alluvions, for all the purposes of plant- ing and farming: So far from it, that many persons who cultivate this kinu of land, prefer it in the long run to the alluvial bottoms; maintaining that the sandy, deep black mould prairie, when properly cultivated and sufficiently mellowed, will yield crops nearly equal to the best allu- vions; and that the labor, expense, and time required, to clear twenty acres of timbered bottom lands, and prepare it for cultivation, would be sufficient to prepare sixty acres of prairie; and that, supposing both kinds to be equally prepared, a hand can cultivate two-thirds more of the lat- ter, than of the former. Su that, taking all things into account, the cultivation of the prairie land requires less capita! in the outset, and is more profitable in the end, than the cultivation of the bottoms. 63 64 HISTORY OF TEXAS. WOOD LANDS. Nature has distributed her favors, as regards wood and land to the Texasians, in a peculiar manner; giving them wood in abundance, east of the river Trinidad, where they have so much poor land, and no little wet prairie. Between tlie Trinidad and the Brazos, the scales are nearly equal^ as to the value of their prairie lands, their woods, and their wood lands. The southern division of that which lies between the Brazos and the Colorado, where it is overstocked with timber, is of a stiff clay lime soil, rather disagreeable to work; but its northern division, if it has an over proportion of prairie lands, is equally rich, and more agreeable to the hands of the cultivator. While that which lies between the Colorado and the Gaudalupe, may be equally divided into pasture lands, and arable prairie with rich timbered bottoms. West of the Gaudalupe, if they are somewhat deficient in wood, they have no scar- city of good arable land; with a superabundance of the finest pasture lands in the world. Now the stock raisers and the prairie cultivators, can at all times be supplied, as they have heretofore been, with building materials from the steam saw mills of San Jacinto, Chocolate, and Buffalo Bayous, &c. &c. ; besides from those hydraulic mills which are, and still could be placed on those rivers, in whose vicinity so much valuable timber of every kind, from the finest of cedar to the coarsest of pine, abounds. There are but few trees to be found on the continent ot America, which are not to be met with in the province of Texas, from the scrubby Jack-oak of the mountains, to the venerable and majestic Live-oak of the plain, which is often to be seen in the bottom prairies, of an enormous size; one of which I saw near Bolivar, sixteen feet in circumference, keeping this size more than thirty feet from the ground, before it spreads out its enormous branches. Larger trees than this, however, are not uncommon; some of them meas- uring even twenty-one feet in circumference. What would such trees be worth in the dock-yards of the United States^ to say nothing of England? wool) LANDS. 65 The trees of larger growth are sometimes covered with Spanish moss, as on the shores of the Mississippi; bat these bearded nondescripts are not so frequent as to give that sensation of gloomy sickness to the country, which is so often to be felt on viewing the bearded cypress of the Louisiana bottoms. No, another kind of feeling will take possession of the stranger's bosom, who stands on an open level prairie in a misty morning, viewing at a distance, what appears to him then as a mass of vegetation, the greater part of which appears dead, and dry, and pendant in streamers from numerous points, ready to be waved by the wind whenever it should blow; the form ill defined, but the solid parts by which this loose drapery must be supported concealed, though here and there large and gnarled branches and tufts of deep verdure are percepti- ble, through an almost unbroken veil of white and matted moss. After admiring for some time this singular phe- nomenon, let him approach a little nearer, and he will perceive that this singular appearance is caused, by a full grown tree of considerable age, with trunk and boughs which seem as firm as iron, and laden with luxuriant foli- age of a peculiar depth and darkness ; overspread with lichens, hanging in bunches from the extremity of every branch and twig, and concealing almost entirely the form, frame-work, and dark verdure beneath. When the light falls upon it strongly, the whiteness of the moss, contrast- ed with the dark hue of the leaves, makes it seem almost as pure as a hill of snow — and offers a striking resem- blance to the hoary head of a venerable old patriarch. How much more gratified will he feel, when he is informed that this noble tree is a live-oak, and that this product of the forest, and in Texas of the prairie also, is proverbial for the strength and durability of its timber, and for its usefulness in the construction of ships; generally distin- guishable from a distance by being more fully arrayed than any other trees in this singular drapery; and whose trunks and branches are in general well shaped for strength and durability, wherever they have been found to grow in the province. f2 66 HISTORY OF TEXAS, TREES AND SHRUBS. In some places, especially in the north-central part of Texas, there is a peculiarity which I have never observed elsewhere; that of the most valuable and particular kinds of wood growing as it were in beds, or lines, almost dis- tinctly apart from one another: so that one man's lands may have a very different species of timber on it, from that of another. Of course the respective proprietors may obviate any inconveniences resulting from this singular distribution, by mutual exchanges, without incurring any other expense than that of transportation. No man need go as yet beyond the bounds of Texas^ for any kind of timber which he may see meet to use in it, for purposes of utility; as there are, in addition to those four kinds already spoken of, the White-Oak, the Red-Oak, the Hickory, the Walnut, the Ash, the Elm, the Cypress, the Linden, the Hemlock, the Yellow Pine, the Spruce Pine, the Locust, the Muskit, the Cotton-wocd, the Wild Cherry, the Pecan, the Sycamore, the Hackberry, the Mulberry, and the Button wood ; besides many other kinds which might be mentioned in this work, by one who has seen and proved the matter in all its bearings; taking not only the names of the trees as he found them, but of the shrubs, whenever he saw any which he could designate; as the Laurel, the Sumac, the Juniper, the Sassafras, the Willow, the Large Elder, the Dwarf Elder, the Poisonous Elder, the Shrub Oak, the Winter-green, the Witch Hazel, the Myrtle Wax-tree, the Wild Plum, the Prickly Ash, the Shin-wood, the Spoon-wood, the Moose-wood, the Fever- bush, the Sweet Fern, the Raspberry, the Whortleberry, the Blackberry, the Cranberry, and the Choakberry. The undergi'owth of the best lands in Texas, is Cane, to be met with in abundance on the west bank of the Sa- bine, although the reeds are small, and the land on which they gi*ow is apt to overflow. On every river more or less, in the country, this species of cane is apt to grow, sometimes covering a great extent of river bottom; which, in conjunction with the river bottom Rye, creates a never Sailing winter pasture. But the main cane-brakes of tlier TREES AND SHRUBS. 67 1 province are between the Brazos and the Colorado, on i what is termed Cany creek, or Bayou — which never over- flows, and where the cane-brakes are from four to twelve i miles in breadth, with but few trees to be seen among | them through the whole length of this creek — seventy miles. These canes, or reeds, are known in the Nor- thern States as fishing rods, where they often sell at a j high price. To pass through one of these cane-brakes, or properly speaking Angle-rod Brakes, by one of those narrow paths \ commenced while they were young, and which is kept open through the year, by the frequent passing and re- passing of men and horses, is a novelty seldom to be met j with in any country, but that of the lower Texas. Con- ' sider yourself entering one of these singular avenues, i arched overhead, and with the view of the sky shut out, I for the space of a mile or so, with an impenetrable wall i of reeds on each side of you, to the height of twenty feet i or more; and these reeds so slender, that, having no j support directly over the path, they must droop a little inward, and so meet and intermingle their tops as to form a complete evergreen bower. The sight of a large tract, , covered with so rank a growth, of an annual plant, which rises to such a height, decays and is renewed every twelve- month, affords a striking impression of the fertility of the soil. j The next best undergrowth, indicative of good land, is i the Laurel — to be found in almost every river bottom, but particularly on the Brazos, where it would not be too much to say, that thirty miles on the coast, by sixty in- | land, was covered with this production; the leaves of which taste like the kernel of the peach stone, containing an ex- \ traordinary quantity of prussic acid. The leaves resemble : those of the peach tree ; hence it is called by the colonists, j 'wild peach.' This tree is an evergreen, and grows to I the height of twenty or thirty feet — though its usual height \ does not exceed ten feet. If the cane and the peach are a true signal, to the ^ planters of the Cotton and the Sugar cane — so sure is tho i sign of the Muskit tree, to the herdsman and the shepherd. 68 HISTORY OF TEXAS. This tree is to be found throughout the whole of the gentle sloping prairies of the province, but in greatest abundance west of Guadalupe, where there are but fev/ kinds of trees to be met with. It is a species of locust — its size about that of a peach tree, which, when viewed at a distance, it very much resembles in appearance. The leaves are simi- lar to those of the honey locust, but much smaller. It bears a pod about the size and shape of the common snap- bean, quite sweet to the taste, and when dry, is used by the Indians, in time of scarcity, for food. It is also highly valued by the Mexicans, who maintain, ^that for purposes of fattening cattle and hogs, it is equal to maize.' This tree is good, on account of its hardness and durability, for several kinds of husbandry articles, as well as for making the best rail posts in the country — continuing un- der ground an ordinary life time, free from rot. The pasture grass, wherever this tree grows, is con- fessed to be superior to any other in the province; espe- cially in the winter season, as it is always green — bearing a strong resemblance to the blue grass, so common in the United States — and furnishes the most nutritious pastu- rage, retaining its nutritive qualities even after it hag become dry and apparently dead. The Muskit tree (pro nounced Muskeet) gives name to this kind of grass. Where the land is but of recent formation, the growth is of willow and cotton wood, with occasional young syca- mores; but this is not very frequently to be found, as there are not many cut-offs made by the rivers of this country, and the flat lands of the salt water shores, are too brinish for their nutriment. The red cedar is found in many places, although in small bodies, or groves, par- ticularly on the uplands between rivers, where it is of superior value for the purposes of the farmer. As house logs or rails, it is considered sujfficiently durable, through- out all weathers, for the space of thirty years ! The post-oak and jack-oak are considered in Texas as every man's property, except in a very few cases indeed, as the lands whereon they generally are to be found, are of a high, dry, and light sandy nature — v/hich, when per- fectly saturated in a rainy season, are dangerous to be TREES AND SHRUBS. 69 crossed by either horse or wagon. This land, being most commonly found on those intermediate spaces which sepa- rate rivers or their branches, is therefore but seldom in- cluded in the surveys of the citizens' selections; and never will be, except where it is of a superior nature, or well watered with springs. This kind of oak is seldom to be found of a large growth; however, the farmers often get it measuring two rail cuts in length, the only use to which they have put it to as yet, although it is a wood the most durable of any in the country — susceptible of being form- ed into many useful articles : but it is destined by its situ- ation and quantity, to be the only firewood of the Tex- asians, for many — many years to come. The fir tree and the pine, next to the scrub-oaks of the province, may also by the citizens be considered one of their inexhaustible treasures. This wood for size, tall- ness, and straightness of stem, is a striking contrast to the oaks of the same soil, which divide the elevated prairies of the upper country, and which cover the abrupt sides and extreme tops of its mountainous district; nowhere to be imitated in Texas, except in the rolling parts of the coun- try east of the Trinidad, and on the gradual swells of moderate elevation around Harrisburg', where it is to be found in such profusion as to supply all Texas with lum- ber for ages to come. Some of these pine trees measure three feet in circumference fifty feet from the butt. If the people of the southeast are so conveniently supplied with soft porous plank, those of the northwest are equally so with the hard, close-grained boards of the black-walnut — produced more abundantly on the upper waters of the Gaudalupe, than any other kind of wood to be found in the river bottoms: many of these trees of such a size too, as to contend strongly with the live-oak, for the ascendency. I once saw one of these walnut trees brought to the water- power saw and grist mill, of the Mill settlement above Gonzales, out of which they had three square cuts, of fif- teen feet each in length, and whose breadth ranged from four feet in the first cut, to three feet in the last. Let the exchange or barter of timber be the order of the day> and no citizen of Texas need complain of his country's nudity. 70 HISTORif OF TEXAS. BUILDING MATERIALS. Providing timber should ever become scarce for the purposes of building — can not and will not the house- holders, as soon as abilities will allow, erect brick houses, as they have already in many places commenced doing; and instead of covering them with shingles, provide them with tile roofs? which buildings, on account of their supe- rior advantages, must supersede the frames — as certainly as the frame houses are now in many places succeeding the log cabins. In addition to that resource, freestone, granite, quartz, limestone, and other rocks, are common in all the upper sections of the country, so that wherever the brick soil, and lumber should fail, there would be no deficiency in building materials, not only for houses, but fences of every description; and more too, than could be made use of within the distance they could be conveyed — counting at the same ratio of expense, by even calculating on their durability above that of brick, as a hundred to one; and to that of wood seven hundred fold ! Nay farther, when steam machineries shall be set up, even where there is no wood, bituminous coal of the finest quality, can be had in such quantities, as may be consider- ed inexhaustible; not only on the high banks of the Colo- rado, which may be looked upon as the center of the province, but in many other places. Moreover, why should there be any lack of timber, when by planting it as they do in Europe, and preserving itafterwards from the annual prairie fires (which have here tofore been the principal cause of that deficiency which we now lament,) it v/ould grow with such rapidity, as would, in a shorter space of time than is generally imagined, be sufficient to answer every useful demand. Besides, there are some peculiar kinds of trees, indigen- ous to the soil and climate — such as for instance the wild China, to say nothing of the Peach already described — that have been tried, and will be found very beneficial as hedges, particularly in the level overflowing lands, where they will be in the course of time generally adopted. FRUITS. 71 They may be planted in single rows, with a proper space between them, so as to admit slab rails, which can be inserted into the body of the tree, as soon as it is from eighteen to twenty inches in circumference; and that size it will most commonly be, at the end of the third year, even from the seed. What is much more saving of timber still, place your plants only two feet or so apart, within the protection of a rail fence, or any other; and top them occasionally, after they are three years of age. It v/ill be found in three years more by so doing, that they are superior to any thing of the fence kind, ever made use of in any other country ; as they are of such a plastic nature, as will in this case unite and join with one another in such a close embrace, as to bid equal defiance, (without any protecting support whatsoever,) to the strength of the furious bull — and to the insinuation of the suckling pig! Which way these improvements will take place, or when the period will arrive wherein they will become generally needed, by being absolutely necessary, is uncertain: one thing we know, that there are but few landholders as yet, comparatively speaking, who will be under the necessity of having recourse to them soon. FRUITS, &c. It has been frequently tried, therefore sufficiently proved, that the climate is as congenial for the planting and rearing of one kind of trees as another; and every SOI t of fruit seeds adapted to the temperate zone, have been found to want only that persevering industry, and particular attention, which is necessary to be given in all countries — to grow and bear, perhaps as well as those of the same kind in any part of the southern United States, the Floridas not excepted! And v/hy not? When such wild and unnurtured trees as the following bring their fruits to such perfection, as is seldom to be found in any country of the same latitude. There is the Vine, but more of that hereafter — the Mulberry, the Crab Apple, the Plum, the Cherry, the Sweet Gum, the Peach, the Butter-nut, the Walnut, the Hazel-nut, the Beech-nut, the 72 HISTORY OF TEXAS. Pecan-nut, the Chesnut and the Hickory-nut; besides the figs of the Fig-tree in perfection, with many others so con- genial to the chmate. And by that desire so ardently manifested by the inhabitants of the province for orchards, they will be enabled to enjoy at least in full perfection that delicious production the Peach, so highly prized by the American farmer. At the same time the produce of the kitchen garden, will come more generally into request, as the people become more established in their possessions. And one thing may be depended upon, if there is hut half a chance for rain, during the summer solstice; every kind of vegetable will come to perfection, equal to any produc* tion of the same nature, ordinarily produced in the state of Louisiana — musk and water-melons, which really deserve in Texas to be noticed especially, not excepted. Furthermore, all the countries I have ever seen for pro- ducing the grape-vine, Texas excels. The variety of kinds, and the quality of these kinds, are by far the most numerous, and best I have ever tasted. These native grapes are found growing luxuriantly in all quarters, while those of Aikansas and Louisiana, owing to the greater humidity of the atmosphere in those regions, are compar- atively acrid, and liable to untimely blights. What then will these grapes of exquisite flavor in the province be, when cultivated by the hands of man? as surely no coun- try is better adapted for the culture of the vine than this, where the poorest description of its lands is so admirably suited for vineyards ! There cannot be the least doubt, that the day is not far distant, when there will be vineyards in the province of Texas, equal to any in Switzerland, France or Italy, for the superior quality of their wines and fruits; producing thousands of gallons of that most charming beverage, made with so little trouble as to be a profitable concern to the raiser, even by disposing of it on the most moderate terms. Indeed it will be as easily attainable by the inhabitants, and almost as cheap as the article of honey — which is at present, and will continue to be collected by the busy bee, from myriads of flowers, and by them deposited in the bo- som of every hollow tree ; so that cutting down, (for there FRUITS. Y3 is very little searching required,) is all that is wanting, in order to procure that delicate and luscious repast! The wax thus obtained, is not only valuable to the farmer, by hardening his beeve tallow candles — but as an article of commerce it commands a high price. It often happens, therefore, that the bee hunters, at a distance from habita- tions, will throw away the honey and save only the wax. In addition to all these rewards of industry, through the instrumentality of v/ood, there is another which has of late years drawn the attention of not a few of our American agriculturists; to wit: the culture of the Mul- berry, a tree to be found very plentiful in Texas. But as of late publications have been numerously circulated, on the methods to be pursued in the rearing of the silk-worm, I shall forbear saying anything on the subject; except that such a pursuit rightly entered into, would be worth the attention of a Texasian, perhaps as much as any other branch of business he could turn his family's industry to. Pecan gathering, is and will continue, as long as peo- ple continue to live in sea-coast cities, a source of no or- dinary emolument to th^ Texas farmer-— if not every year, at least every second year, as they fall then from the trees by handfuls, and are in general of a very superior quality indeed. These command a constant market, not only in sea-ports of the eastern and western coasts, but in those of Europe also; producing at an average to the first collector, from one to two dollars per bushel. So nu- merous are the native Pecan-trees, in the upper parts of the country, that it requires nothing but their preservation to insure a continual emolument; independent of th^se the farmers plant around their dwellings, as one of the few ornaments which they could adopt, combining both pleasure and profit. It requires no uncommon exertion, for a family consisting of half a dozen children, say from the age of six years and upwards, to provide themselves during the space of six weeks in the fall, with a hundred and fifty bushels of that pleasantand valuable fruit; to say nothing of the walnuts, and the other marketable nuts of every kind, already spoken of. Upon a review of the whole matter, we have found an G 74 HISTORY OF TEXAS. abundance of useful timber — no little of the profitable, and much of the ornamental. And what still adds to the variety of a Texian land- scape, and to the beauty of its scenery — there stands a Chinque-pin tree with its load — here a Persimmon tree with its branches covered — and yonder is a Haw-thorn tree, with its cargo of golden fruit. But why should ] enlarge by enumeration? To preserve, plant, and enjoy not only the trees of the forest, but the glade, can be at- easily, profitably, and profusely done in Texas, as in any other country north of the Cancerian tropic 1 WILD ANIMALS, It will be v/ell also, for the emigrant to remember, that the animals once so numerous throughout the woods and prairies of Texas, are either pretty much destroyed, or retreating to the upper region of the country, from whence they are fast taking their final leave. The bufialo is but seldom seen below the mountain. The mustang, or wild horse, has almost deserted the lower prairies. The deer, though still common, are vanishing under the rifle of the white man and the red; and when we take into consider- ation, the number of enemies this timid, and, when young, helpless animal has to contend with, we are only astonish- ed to see so many remaining. A few wild, or Mexican hogs, may yet occasionally be seen among the mountains : they are an animal of little value. Bears are frequently met with,.at a distance from settlements. Wolves and foxes also are troublesome in many places; the former devour pigs as well as sheep, and by their numbers are still very annoying to the inhabitants. Wild cats are also numerous — and the tiger or Mexican cougar, will some- times be found in the mountainous districts, although but seldom to be caught napping; but the panther a species of the tiger, and the spotted leopard, are not so very shy; particularly the panther, who will often take up his abode in. some den or thicket, a,djacent to the pig-sty of the far- mer, until he is found out and destroyed. The rabbits and squirrels seem to have found, besides their enemies on land, a mortal enemy in the myriads of hawks, which WILD ANIMALS. 75 they have to encounter with in this country. The opos- sum and the raccoon, are still somewhat troublesome to the good wife of the house, who prides herself in the good- ly number of her geese, turkies, and chickens. The infe- rior animals of the country, are neither very numerous nor troublesome, although occasionally one may stumble on a mole or a dormouse, or perhaps at times see a skunk, a weasel, or a mink. As for rats, bats, and mice, they are common annoyances, not worth mentioning in any country, far less in this, which has been so recently inhabited. The reader will observe by what has been said, that hawks are plentiful in the country; so are buzzards and owls. The hawks are forked or swallow tailed, unlike those of the North. The raven, and that cosmopolite — the crov/, have found their way to Texas; so have the red-bird, tho black-bird, and different species of the jay and wood- pecker; also a few flocks of the green paroquet, whose scream is any thing but pleasant. The king-bird is the same valorous little fellow here, as in the North; the martin is as social, talkative, and noisy; and the swallow cleaves the air as gracefully here as there. Among the birds fit for food, are the wild _ turky, (commonly found in itie woods, and near the edges of the prairies) the turtle-dove, the prairie-hen, the partridge arid the quail; the two last are however thinned off by the enemy of the poor squirrel. Among the songsters are the thrush, the mocking-bird, the whippoorwill, and the nightingale. The notes of the last appear not to be so melodious, nor his strain so fall as the same bird's at the north. The cultivated field, and not the forest, is the haunt for singing birds, which, in time no doubt, will follow other emigrants to the country. Here also may be seen the confiding robin, the tidy wren, and the delicate humming bird, gracefully extracting his nour- ishment from the juicy flower — transporting instantly the beholder's thoughts, from nature's beautiful works, to na- ture's God ! In passing from that which adorns the landscape, and enlivens the forest, we are bound in good faith to notice also, their pest and their bane, which things shall be in- quired into more particularly, in our treatise on the •76 HISTORY OF TEXAS. Climate — sufficing ourselves in the mean time with a reference to the most prominent. Such is the rattle-snake, fortunately not often to be met with in Texas; but the deficiency is amply supplied, by the long black snake and the striped or garter snake, which are the never failing pests of the barn-yard and the chicken roost; and the wall or house adder is eternally to be found wherever a log building stands. Occasionally, but not so frequently as in the fields and woods of the North, one will meet with a hissing snake, or a green-snake — a speckled snake, or a thorntailed snake; and at times, with that beautiful, small, harmless creature, the ring-snake. BOOK V. CLIMATE. CAUSES OF DISEASE. Adventtjrees ill search of a second paradise have been disappointed in Texas! True it is, this fancied El Dorado of theirs claims no exemption from the prejudicial operation of causes which must in some degree be found in every new country, on its first settling with civilized inhabitants ; such as umbrageous woods and rotting timber, supported in autumn by deca.ying vegetable substances, creating effluvia, deleterious to the human system; too often assisted in the province of Texas, by the sudden overflows, particu- larly those which take place in the spring months, leaving a sediment (in lieu of the undrainpd fresh-water marshes and stagnated ponds of other countries,) which if acted upon by a warm sun and a dry atmosphere, seldom fails to assist the above mentioned causes, in their disagreeable operations. Which causes, when combined with that change the corporeal frame has to undergo, immediately after the removal from one country to another, more es- pecially if it should be from a northern 'to a southern latitude, must often prove fatal! We therefore need not be surprised that those colonies, particularly the low grounds adjacent to the gulf coast, should be felt as unheal- thy by the first settlers, and consequently reported as such by the transient visiter. But I venture to predict, that facts shall prove other- ' wise, in a shorter period of time than is commonly ima- gined, let but that spirit of improvement which now pre- dominates, be backed with the means of carrying it on, and society be organized into moral habits of industry, cleanliness, temperance, and order : the contrary of which G 2 78 HISTORY OF TEXAS. has been in time past, and still is cutting doAvn and car- rying off its hundreds and its thousands of those, who in order to exculpate themselves, have laid the whole blame upon the climate; whereas, it only seconded their own blind and infatuated conduct. I say, let the contrary of such be the case, then see whether there will be any more occasion for complaints in tiiese colonies, than there is now in many parts of the northern United States, which were once considered as inimical to animal life, as they are now proved to be healthy and exhilarating. Can any climate, however g')od it may be, wholly counteract laziness, disorganiza- tion, and intemperance? No! Neither can the inhabitants in general (I say in general, because there are many ex- ceptions, and some of them leading characters too,) have iheir due influence on society, although that society is as yet in no little degree infected by those evils. And why jt is so, I think I can make obvious to every inquiring mind. mDOLENCE. The people en masse can have a living, and that plen- tifiiily too, of animal food, both of beef and pork, of venison and bear meat, besides a variety of fish and fowl, upon easier terms at present, especially the wild game, than any other people, in any other district of North America; which must continue to be the case, for one of the best reasons in the world — at least in Texas; as the wild ani- mals decrease, the domesticated ones will increase! And, as they have not commenced, except in a few cases (comparatively speaking) upon the border lands of the Gulf, to export corn, they have by just dropping the seed and afterwards stowing away the increase, more bread stuff than they well know sometimes what to do with, it being out of the question to feed their hogs on it, except they were to raise them on such food altogether, which would be a pity, while they have so much mast in the woods, and so many roots in the prairies. And, as their milch cattle increase in numbers, and that very frequently too faster than they can attend to their milking, fhey have more, as to family use, much INDOLENCE. 79 more milk, than they know how to dispose of, except they are well stocked with farrow sows, or have around them pet mustang colts. With these three main stays of a farmer's life, come, by very little more exertion than just the picking and gather- ing in, those condiments and relishes, which not only gar- nish the table, but replenish the appetite, from a source of such plentiful variegation, as the gardens and the fields, the woods and the waters, of a Texas country 1 Is it a wonder then, that the men (for no woman can, if she would, be lazy in a new country,) are indolent, v\dio can provide life's necessaries for their families so handily ? especially those who live on those districts of the country which are aback of the older settled ones, not only as to place and convenience, but as a natural consequence, to enterprising men of capital. 'Show me a lazy man — and I will show you a dirty one,' is an old adage ! And is it an improper one? No indeed! For filthiness ranks among the malignants. 'I am well enough,' says one, 'for my neighbor is no better; and, what does it signify in this new country how I dress? a leather hunting shirt, and a pair of buckskin breeches, are' good enough for the mud and briers: besides, I believe I'll just go and hiuit a little to-day, v/hich will make me dirty enough before I return, I warrant you.' Now, if the wife of such a man does not contrive once a week, or so, to make an excuse about the linens — alias cottons, alias dressed skins, being too hard to wash when they are soiled so long; alarming the man's fears by adding, 'that she will absolutely have to beetle them to pieces, before they can be made fit to go on again ;' he would scarcely shift himself from one Vv eek's end to another; as they have no church meetings as yet to go to, (which I hope will not long be the case,) where the two sexes can display their taste and finery, as they can who live in an old settled country; and where (Alas! it is too often the main object of bringing them out,) the wives are very fond of shov/ing to others how tidy they keep their husbands, and the husbands to prove how libe- rally they supply their wives ; and both together to com- pare their pretty children, with those of their neighbors^ 80 HISTORY OF TEXAS. However, there is a little more neatness shown by the young, whose thoughts are occupied upon matrimony; yea even by the bachelors, (commonly the most careless of any,) providing they have their minds still turned to that "paragon of eal-thly felicity, although experience too often teaches the contrary; and that it requires as much care in a married couple, especially on the woman's side of the question, to preserve one another's love after marriage, as it did for them to gain it at first. INTEMPERANCE. Again, it is a theological maxim, that ^ The person who is not engaged in doing good, must,'' as the immortal mind can never rest, 'be doing evil!' A maxim verified to the fullest extent in every country, whea*e the people can pro- cure the necessary means of life upon easy terms. And, as there can be no country north of the equator superior in that respect to Texas, and as their rational enjoyments are but few, and these few very limited, of course they are unavoidably subjected to a continual sameness, alike (for want of established mails,) destitute of literary amuse- ments and religious excitement. They cannot therefore wile away the time more pleasantly, as they very erro- neously imagine, than in meeting their fellow citizens in some one of those petty stores, which should rather, if they had their right cognomen, be termed grog shops! which shops are sure to be found in every new country; and which have been, and still are too much so, the very center of attraction, for both young and old of the Texa- sians; as every thing like public business, except in their courts of justice, must begin and end there!! Now it is, unfortunately for mankind, a fact, sometimes awfully established, that although one at first has deter- mined within himself, not to be contaminated, yet it is as impossible for him to go there and be otherwise, as it is for him to avoid seeing and hearing when his eyes and ears are open. For 'd me!' cries one, (observe, a horrid draught, to be palatable, must have a corresponding expression,) 'if you do not drink with me, I shall be mad!' 'Taste with me,' vociferates another, 'or by G — you are SALUBRITY. 81 no friend of mine!!' So to keep them in as good humor as possible, seeing they would as soon abuse their best friend as not, (as reason at this time in them, so to speak, is unreasonable,) he tastes a little for friendship now; and a little then for sociality; by and by, a little more through exhilarated feelings; which feelings expand his self-ag- grandizing ideas, untie the strings of his then imagined heavy purse, so that he becomes one of the greatest of the falsely great; and ends by returning treat for treat, with his too jolly neighbors. From such beginnings^the once sober man learns by degrees to love that liquid which he formerly so utterly abhdrred and despised; and according as his vitiated love grows, so it leads him gradually along, from one folly to a greater, from vice to crim.e, and from crime to ruin ! ! ! While the Snake of the Still is thus charming his devoted victims, ^ O ! what a wretched country !' exclaims such an inhabitant; stay, and grow up in peace under the protecting wing of the Great Spirit, far from the destruction of your brethren. And see that you fall not out by the way!' " They listened to the voice of their father, because he loved them ; and they hearkened to his words, because he was their father- But as he was to leave them, who had been for a thousand moons, as the light of the sun to the eyes, and as the voice of the Great Spirit to the ears of his people, they asked him, 'what they should do if the white men should come to their habitations on the east of their river of rest.' «' He told them, * they would come, and afterwards they should teach his children many things which they did not now know ; and that they should smoke with them the pipe of peace; while their red brethren who brandished the hatchet of warj should be scattered by the white men, with the rapidity of the ocelot, when it alights amid a company of weasels, disputing over the body of a forest squirrel.' " The two sons obeyed the voice of their father, and when the daj'^s of mourning were over, they moved on- ward to fulfil his. dying injunctions, with their wives and 112 HISTORY OF TEXAB. their little ones, in love, unity and peace, until they came to this beautiful spot, where they proposed to sojourn for a time ; Choctaw and his people encamping over this ledge of rocks, Chickasaw and his follov/ers taking possession of yon, while that placid little vale lay pleasantly between. "Nacojack, the son of Choctaw, loved more than he did the apple of his eye, Coosa, the daughter of Chickasaw, who was beautiful as the ocelot, graceful as the antelope, industrious as the beaver, and as playful as the squirrel, " The lamp of night shone in splendor around, and the gems of the firmament hung over the earth in joy, when Nacojack paid a visit to his beloved^oosa. The sha- dows of night passed unheeded by, and Auroi*a found them, before the blush of maiden innocence had left the face of Coosa, as she had consented to become the wife of Nacojack. " Yalobusha, a great warrior of the tribe of Chickasaw, envying the good fortune of Nacojack, and observing him (as he lay reclined on a shelf of the rock,) emerge from the hut of Coosa, called to the young men of his father's teats, 'to look if yonder grisly bear had not devoured a fawn of the fold, since the warriors had been musing in the shades of repose'.' "The sound of derision filled the ears of Nacojack, like the growl of the puma, when he threatens his prey. The spirit of his anger svvxlled like the waters of Tezcuco, ' IIow,' he cried, ' shall the provv^ling wolf from the fen of Zacatecas, retard the motions of the bufialo?' " He turned on his heel with the movement of disdain, as a rock from the mound, throv/n by the hand of Yalobusha, hit the crown of his glory, scattering the leaves of love's bouquet, (which had just been placed in his hair by the hands of his Coosa,) to the genii of contempt! "The jeering laugh of exulting mockery, as it rose from the tents of Chickasaw, reached the ears of the young warriors of Choctaw, as they beheld the disgrace of their heroic leader; and mounting the spirit of revenge, they flew on the wings of the wind to retaliate on the heads of his despisers. "Yalobusha, and the young warriors of his tribe, dis- CHOCTAW TRADITION. IIS daining to meet such boys except with child's weapons, tore up the fragments of rocks which lay under their feet. The scoff of defiance arose on the peaceful breeze; the combatants thickened to the rescue of their mates. The rocks which had been split by the Great Spirit, were lifted by the demon discord, and thrown at the heads of the chil dren of passion; until the voice of the old men were lost in the hurricane, and the commands of their caziques were sunk in the tornado! For the Great Spirit was angry with his children; he spake in his thunder, and moved on the clouds, sending down a storm of hail-stones, with the forked ar- rows of his lightning, until the guilty race quivered in hi'/ presence. The squaws could bind them with ease; their spirits were cowed; they were odious to themselves. They had offended the Great Spirit, by fighting v/ith their brethren I "A reconciliation took place among the living; but many were slain ; and many wounded, so that they never more were able to leave the sides of their squaws, and follow their brother warriors to the chase, or the fight. Yalobu- sha, in the melee, sunk to rise no more. " Nacojack lost an eye, and was disabled in every limb; yet did his Coosa n-ever leave him, but prepared for him his euscosGo,and provided his mat, as long as he lived — saying, «Ono, my Nacojack!' when he would beseech her to look around upon the young men of her tribe, and waste not her days in unavailing sorrow upon one whom the Great Spirit had humbled in his pride; and whose prayers were odious to his ear, or he would take him to the home of his fathers, no more to trouble his Coosa. ^O no! — Coosa never leave you ; Coosa go when you go, to the land where our fathers have gone: for when they rejoice over their son, I must see it, as his squaw, and be happy too!' " After the old warrior and chief had ended his traditional story, he added, (in corroboi-ation of his statements being of divine origin, so far as to the commands laid on them by the dying Cazeke, before they left the plains of Mexico, to dwell on the east of the Mississippi) « that the Choctaws and Chickasaws had never spilt the blood of a white man!' I was not sufficiently versed in history to contradict him; k2 114 HISTORY OF TEXAS. perhaps my reader may: if so, still these two tribes have somewhat to boast of, for I believe they have never been at open war with the American citizens. Be these things as they may, a virtuoso will find that spot well worth his attention; for he would there see a level, green, smooth surfaced prairie, of some quarter of a mile in breadth and half a mile in length, covered with small rock-stones; in some places lying close together; in others more or less scattered. Of the many tons weight of these loose stones, very few are of a size that a strong man might not throw with ease a hundred yards; while un- der ground there are still fewer of any size. Examining the grit of these loose stones, and comparing them with the rocks which skirt two sides of this little plain, we find that the grain is the same in both, Nay, farther, we find these rocky shelves split and shivered by nature into myriads of pieces ; while some of the loose stones in the very center of the flat will exactly correspond with a fissure of a shelf. What is still more remarkable, there is not a single stone of a contrary concretion to be found, among the many millions this spot contains. Nor can they be met with any where around, except taken from the face of those rocky ridges ; as the opposite sides of them are covered with the earth of the higher ground; which gives them in front a singular and picturesque view, as if they were intended for a fence to this — as it ever must be — interesting piece of spotted ground. BOOK VII. THE MEXICANS. NATIONAL CHARACTER. In taking a retrospective and impartial view of the Mex- ican nation, we shall find that as a people, they will (at least ever since they expelled their last king, Iturbide,) bear a comparison with the Roman republic, aiter the ex- pulsion of the Tarquins; much more so, than any other people we are acquainted with at the present day. Wit- ness their innate love of liberty, and the internal commo- tions of their government, occasioned by the inordinate ambition of their leading characters, who are by nature, vocation", and politics, of the most discordant materials ever wrought into the form of a nation, since the days of the first Romans ; and like them, having been bred and reared in the lap of war, feel a reluctancy to lay down their military pov/er, and its flattering consequences. In no one thing, however, are the favorers of despotic power more mistaken, than in supposing that they will ever submit to be again ruled by a crowned head ! or even long by an aristocracy. Because, whatever may be their divisions among themselves, or upon whatever principle of republicanism they may as a people disagree, one thing is reduced to a moral certainty : that no nation or people will be allowed to interfere j nor any State of the present confederation be suffered to withdraw itself entirely, by violent means, to a state of independency ; or, by its own negotiation alone, place itself under the protection of any other government. But, in order to give my reader a just estimation of the actual situation of the Mexican confederation, I shall sub- mit to his inspection historical facts, taken from public 115 116 HISTORY OF TEXAS. documents and raithenticatecl information, which must, as iliey ought, have far more influence on the mind, than the mere assertions of an individual. As such, they deserve to be diligently and carefully perused; since the United States of Mexico, as they still call themselves, are the only neighbors, v/ith the exception of Canada, which the United States of America possess. Therefore, are their policy and feelings highly interesting, both in a moral and political point of view, to an American citizen! CONFEDERATION. The United States of Mexico formed their constitution in 1824, upon the plan of the American Federal Union* the devTutions are but trifling. Nineteen States and foui Territories, these last all in the north, compose the con- federation. A President is elected for four years, and cannot be re-elected j with a Senate of two members from each state, and a member of Congress for each 80,000 population. Every inan at eighteen years of age, becomes a voter; no other qualification being required. There is no dis- tinction of property, taxation, or color. Indians and Mes- tizos, negroes and mulattoes, are equally free citizens and voters. Although negroes are but fev/, there is a negro general and other commissioned officers in the army. This is considered a great improvement upon the federal constitution of America, which acknowledges all men as free and equal, yet allows of negro slavery and Indian oppression. POPULATION. The population of the Mexican States is over 9,000,000 It has increased ever since 1794, when it was only 5,200,000; and even during the civil war of the revolu- tion and independence ; since in 1806 it was only 5,500,000, although it is calculated that over 300,000 must have per- ished in these wars and troubles. It is annually increas- ing, independent of those devastating commotions which have filled their country, ever since 1825; as it was then only 6,850,000. The present population may be divided as follows : POWEH. 117 1 . The unmixed Indians, which are about 4,000,000. 2. The Mestizos, or offspring of Spaniards and Indians^ about 2,500,000. 3. The Creoles, or offspring of the Spaniards, about 1,500,000. 4. The Washinangoes, or offspring of Indians and ne- groes, about 1,000,000, including the mulattoes of white and black blood, and many of mixed origin. 5. The Negroes, about 100,000. 6. The Guachupins, or Spaniards born in Spain, nov reduced to 10,000. They were 80,000 before the revc- iution and late expulsion. 7. The Esteros, or strangers of various nations, English. Scots, Irish, French, Italian, German, Americans, &-c. &c., about 30,000. 8. The Texian colonists, independent of those Spaniards, Indians, and negroes who reside among them, 35,000. POWER. This relative population evinces that the Indians and Mestizos form the bulk of the nation, and now having equal rights, are surely to rule it at a future time. The Guachupins v/ere ovlq,g the rulers; the Creoles have suc- ceeded them, and have been compelled to admit the Indians (whom they nicknamed irrational I calling themselves ra- tional!) to equal rights, in order to carry on the struggle of the revolution, which could not have been accomplished without their assistance. But, they foresee that power cannot last long in their hands, and wisely try to amalga- mate the castes. None but the most deluded try to stem the current of irresistible number, pov/er, and future sway. These Indians (remember, not the northeastern Indian of degradation and, often, wrongful oppression, but the southwestern Indian of honor and grcv/ing esteem) are by far better than the Spaniards and Creoles in many re- spects. They are gentle, industrious, Konest, and kind. This applies to the bulk of them, who are nearly all culti- vators. Those who live in the cities, or near them, are more or less tainted by the vices of the Creoles, and ex- ceed them in their thirst for pulque and aguardiente; while 118 HISTORY OF TEXAS. far from the towns they are quite sober. Intoxication, however, has not the same effect on them as on the north- eastern tribes. Pulque, or the beer of Maguey, is not stronger than spruce beer, and merely renders them heavy or stupid. The aguardiente is a bad kind of Spanish brandy; it makes thejn rather sullen, seldom noisy, and never outrageous. Bii it is not in the vicinity of towns that they must be ju/ged; it is only in their villages and fields, that they cqn be seen to advantage, in their genuine simplicity and ^\|brth. /Their physical character is somewhat different from the i^orth and eastern tribes. They are commonly of a ruddy cwnplexion, rather small; the highest men seldom exceed- ing five and a half feet. Many have aquiline noses and large eyes; there is, however, much diversity, according to their tribes. In Zacatecas and the mountains, they are as white as the Creoles, and the women are beautiful; whiter than the Creole ladies, and 'ever with rosy cheeks. The Indians make excellent soldiers, both infantry and cavalry. Before the revolution the Spaniards did not al- low them the use of fire-arms : they who are capable, are now all armed and trained as militia. They feel their strength, and yet do not abuse it: the Creoles at least are the leaders in nearly all the strifes and civil commotions. By the military laws put in operation, during the war with Spain, and which have seldom been interrupted, all citi- zens, the Indians of course included, must serve three years in the army — from eighteen to twenty-one. Each state has an army, from which a rate is sent to the Federal army, now limited to 25,000 men. After these three years of active service, they are enrolled in the militia, and allowed to return home; but liable to be call- ed up again at any emergency. Thus a formidable army and militia is formed, mostly native Indians, who may be called upon to perform important actions in future. God grant that they revenge not the wrongs of the Indian race, upon the posterity of all their oppressors, from the north to the south. Thus the descendants of the ancient Mexi- can and other tribes, subdued by the Spaniards, and either WORSHIP. 119 enslaved or made abject vassels, are become freemen! Every village has an Indian alcalde or chief, now elected every two years. In the villages where hereditary chiefs or caziques were retained, they are commonly re-elected every time, being so much respected by their people. WORSHIP. After the alcalde the cerate or priest is the principal man : he is named by the bishop. Many of them are In- dians also ; but when so, they enter into all the feelings of their flocks, not like the former Spanish, and present Creole priests, who are often tyrants yet, or at least strive to fleece and amass money in any way. For instance, they used to charge twenty dollars as a marriage fee to the poor Indians, M^hose wages were only twentj^-five cents per day : whence arose the practice of cohabiting without leave of the church, and thus compelling the curate to marry them gratis, to avoid the sin and scandal. As yet in many districts, the priest exacts three dollars a year from each Indian, to defray his future burial! But the hold of the church over the Indians has never been com.- plete, and is now fast wearing away. One of the princi- pal reasons for which the Catholic religion was made ex- clusiye, v*as the fear of all, or nearly all the native popu- lation relapsing to their ancient religion ! They all more or less lean tov/ards idola,t.ry. The worship introduced by the Spaniards, was only a different kind of idolatry. The Indians called the Spanish saints the Idols of the Guachu- pins, (a contemptuous name for the Spaniards,) while they call their ancient gods, the Idols or Saints of their Ances- tors. In remote villages they keep both kinds of idols, and crown with flowers their ancient ones in preference; praying to them \i\ secret. Nay in some parts^ the wor- ship of the rising sun is privately preserved; as many In- dians despise their curates, whose life, especially in remote places, i^ seldom without blemish, often indulging in con- cubines, and even polygamy, which the Indians seldom do. Moreover, the curates of Indian blood, have a secret long- ing to substitute the old idols for the Spanish saints : and when a religious freedom shall be proclaimed, which must 120 HISTORY OF TEXAS. happen at some future period, one third pcrnaps of the In- dians will return to the solar worship and idolatry. >Then missionaries of a more rational religion will have an ample scope to enlighten these deluded men. mSTRUCTION. As to instruction, it is very low as yet, but a change is fast approaching". Although the Spanish is become the general language of the Mexicans, yet many Indians re- tain their own languages : many others speak no Spanish, and but few speak it altogether. This will impede for a while the diffusion of knowledge. Though all ought to be taught to read and write by the priests, and Lancasterian schoote which have been established in many places, yet their elementary instruction is often neglected. And as few or no books are printed in the Indian languages, it will even avail little with many till all are taught Spanish. NEGROES. Slavery has been happily abolished, without difficulty. The negro and mulatto slaves either left their masters in the war, or were freed by them. In all the sugar planta tions this was found very advantageous to the owners. One hundred free negroes, though receiving double wages to the Indians, are found to produce as much sugar, as two hundred do in Cuba, without the owner supporting their wives and children; or to produce from 500 to 700 dollars each in sugar, at a mere salary of 150 to 200 dollars. These negroes are, however, overpaid, and are in conse- quence become drunkards, vicious and unruly. Indians, properly taught, would perform the same labor at half price. MIXED RACES. The Indians dislike the negroes, and yet intermarry with them without difficulty. Their offspring, called Washinangoes or Zambos, are very hardy and clever, but rather cowardly. However, they appear to be best calcu- lated to bear the pestiferous climate of the low lands, and are not liable to the black vomit which there attacks the whites, the Indians, and even the negroes. WHITES. 121 The Mestizos (or half-breeds, as called elsewhere,) unite the good qualities of their respective parents. They are handsome, active, industrious, and gentle : while the fe- males are often handsomer than the Creoles. WHITES. Three kinds of v/hites are now found in Mexico. Those not born in the country are politely called Esteros, or strangers, when they are not Spaniards. The bigoted Spaniards and priests, once called all the heretic stran- gers, English and Americans, by the name of Judeos, or Jews ! but the impression is wearing off. The Indians like these strangers, provided they eat, and drink, and act as they do; and have an impression that they are of the an- cient Mexicans, carried oflf by the Spaniards. If they learn their language, they are at once called brothers, and treated as such. In five years they become citizens, and never find any difficulty to marry Creoles, if they are Catholic, or conform to a few observances : and among the Indians, their alliance is deemed an honor at any time. The North Americans were once the most beloved and favored nation; but the English ascendency, and late oc- currences have completely changed the scale 1 The French and Italians, being Catholic, are very soon amalgamated. But the pride and behavior of the English are seldom ac- ceptable; though their money and talents have a great in- fluence in making them respected and feared. Guachupins and Spanish born are synonymous in Mex- ico. This name now implies a bitter foe ; and is equiva- lent to the name of tory and loyalist, in the revolution of North America. Eighty thousand of them monopolized throughout the Mexican states all the offices of trust or profit in the government, army, and church, until the late revolution — or deliverance, as it is called. Their alli- ance was courted by the Creole ladies, who married them for the pride of wealth and power ; but often taught in se- cret to their children to despise their fathers. Now they are openly detested by their own children ! Their wealth gave them great influence during the revolution ; and even after it, they formed a dangerous party in the state; so L 122 HISTORY OF TEXAS. that their late expulsion was neither a cruel nor unjust act, but politic and perhaps indispensable. They had been treated more mildly than the loyalists were in North America. They were only expelled or exiled, until a peace should be proclaimed between the republic of Mexi- co and Old Spain. Their estates have not been confiscated — as those of the loyalists — but given to their wives and children: and they were allowed to take away all their movable property. This was perhaps wrong. They took away 140,000,000 of dollars out of the country, draining it of this immense capital j and employed part of it since, in the last Spanish invasion. This capital ought to have been sequestrated till the peace j or used as a loan to the state. The Creoles have been in power, ever since they drove the Spaniards from their situations. They occupy nearly all the offices; sharing, however, many with the Indians, who are gradually becoming the majority in Congress, and in the State Legislatures. The two classes are merg- ing or blending under the revived national name of Mexi- cans; but the wealth and knowledge of the Creoles will perhaps balance for a long while the numbers and votes of the Indians. The Mestizos, though siding with the In- dians, form a mutual link of some influence between the above two classes. Many qualities and defects, are blended in the Creoles : they are amijible, gay, and active, but vain, fickle, and deceitful. They boast of being as wise as the Greeks, and as brave as the Romans! They are too lazy to work, but very bustling in every thing else : too fond of gambling, smoking, and carousing, but sober, abstemious, and gene- rous ; liable to warm passions and excesses, but prone to friendship and liberal sentiment; seldom revengeful or cruel — often forgiving and magnanimous. The lower and poor sort of Creoles, however, called Le- peros, in the towns, are much worse, vicious, lazy, nig- gards ; too proud to work or beg ; fond of cheating and pilfering; ignorant and quarrelsome. Yet they make good soldiers, and colonists,' when they can hire servants to work for them; or miners when they can get a mine; POLITICS IN MEXICO. 123 or cattle driversj muleteers, &c., when they can own .cat- tle and mules. The female Creoles are rather pretty, captivating, and amiable ; but indolent, ignorant, superstitious, and extrav- agant ; and still addicted to the vice of smoking. Ostenta- tion, vanity, and love of change, are also among their prominent traits. Confessors easily forgive peccadilloes, and are very indulgent for the fair sex! Some, however, become excellent wives and mothers ; and even the worst, after the days of dissipation, return to propriety, decorum, and moderation. POLITICS. Mexican politics and political parties have often changed, during the course of the revolution, and since. They were at first Patriots and Guachupins; next Republicans and Imperialists J latterly Federalists and Centralists, under the nicknames of Scots and Yorkinos. But ever since ' 1830, two great parties have sprung up, much more likely I to divide the whole population,- while formerly Creoles ' and Spaniards were the main partisans. These two new ' (or rather very old) parties are, the Country party and the I Creole party, each subdivided into some factioiis. i To understand properly their views and aim, we must fall back to the time the Mexican states were yet at war I with Spain, their independence not yet acknowledged, and ; their system of self-government as precarious and fluctu- I ating as it was in the United States between 1783 and '89, even after the peace with England. I The Country party, calling themselves patriots and old I Mexicans, are the most numerous, including nearly the i whole Indian and mixed population. They are nicknamed ' Gentes irracionales, or irrational folks, by the Creoles; j whom they c^ll in return Sons of the Guachupins. This party, although comprising the bulk of actual ignorance, I reckon many enlightened men. They hate and detest ; the Spaniards, calling them invaders, despoilers, tyrants; ! denying their ever having been conquered by them under ICortez. They say their ancestors the Mexicans were overthrown by their foes the llascallans and their allies; , among whom were a handful of Spaniards, who spread ter- 124 HISTORY OF TEXAS. ror by fire-arms, and after the destruction of their ancient city Anahuac, (now Mexico,) disarmed all the Indians; slew their nobles, their priests, and their warriors; de- stroyed their temples, saints, and books of all kinds ; took to themselves all the wealth, land, and noble women; re- ducing the people to abject ignorance, cruel vassalage, and imposing upon them new saints or idols. But now these tyrant Guachupins are expelled, the Creoles being Mexicans like themselves, sons of the noble ladies, stolen by the invaders, they form only one nation; and the In- dians being restored to freedom, the use of arms and equal rights, they ought to be allowed freedom of worship, a greater participation in offices and emoluments, with a general education- And they also demand the correction of many abuses ; above all, the reform of the church, army, and finances. Such reasonable requests may be delayed by the Creoles in power; but the Country party idll sooner or later prevail, and rule the country. The factions among the Country party are merely dif- ferences of opinion on some points of policy; and the Cre- oles endeavor to split them into new parties, so as to weaken the whole. Thus some think that peace ought never to be made with the Guachupins or Spain, no money paid for the acknowledgement of independence, and no Guachupins allowed to settle again in the country, after the peace. This feeling was pretty general: their oppo- nents called them Anti-Guachupins ! Another section wishes to confiscate the whole church property, to pay the debts of the state, and abolish all the- exactions of the priests, paying to them a moderate stipend. This sentiment has many partisans in the army, and even among the Creoles; but the priests and the priest-ridden call them all injldels. A third section of these patriots wish to establish a general land tax, so as to form a permanent revenue. But the great land owners, some of whom hold immense estates, and have great influence as yet in the govern* ment, strenuously oppose this salutary measure; which might compel them to parcel and sell many estates, but would provide a fund to pay all the expenses of govern- POLITICS IN MEXICO. 125 ment, interest on loans, arrears of the army, &lc. Thus as yet, while monopolies, stamps, and lotteries are resort- ed to, and the income always falls short, the whole landed estates are untaxed. The second party, of the Creoles, often calling themselves the rational, or wise folks, rule the country, and that too at present by means of the gene- rals and bishops, nobles and land owners, priests and monks, judges and lawyers, monopolists and office holders, who are mostly Creoles. But in the army of the states, legislatures, and professions, the patriots have a majority; nay also among land holders. But the Indians have only small farms and gardens, while the Creoles often own princely estates of 50,000 or 100,000 acres ! They affect to despise and hold in contempt the Indians, accusing them of ignorance, stupidity, and many vices : but they know that these very vices are such as enable them to mislead and govern the Indians, and acquire their aid and support, whenever specious patriotic pretexts are of- fered. Many liberal Creoles are uniting themselves with the Country party; and others will follow when they find that they must jdeld. Thus the Creole party is divided into several factions. First, the Aristocratic, wishing to support the church and land holders in all their immunities. They are also call- ed YorMnos and Anglicans, because under English influ- ence, and leaning towards European connections. Nay, some of them have yet a secret longing for the paternal Spanish sicayl This party ruled the country, after the overthrow of Guerrero by Bustamente. The second fac- tion of this party, called the Centralists, wish to abolish the federal constitution, and form a central government. Many members of the army and church belonged to it, and found it needful to support Bustamente against the patriots. The liberal Creoles, the old Imperialists and the Spanish party (for there are yet some loyal Creoles,) are as many other sections of this party. The two last are of little importance, neither feared nor to be feared; but the liberal Creoles, who are daily increasing at least in number, will soon throw a great weight in the scale of the Patriotic party. l2 126 HISTORY OF TEXAS. The faction which, instead of a party, now govern vnth no little power, are the Aristocrats and Centralists, in opposition to the Country party, or Patriots and Old Mex- icans. The Centralists are supported by the Aristocrats, and headed by Santa Anna, a soldier of fortune, or ra- ther a fortunate soldier! ambitious, cruel, and avaricious — bold, artful, and enterprising; a man who has been as often made use of to pull down an administration, by those who hate and despise him, as by those who love or fear him. He had it in his power, after gaining the confidence of the Republicans (although they remembered he was an Imperialist) to emulate a Washington ! after the fall of the too aristocratic Bastamente's administration. But his six qualities having been crowned by a seventh, talent — supported by circumstances, the pedestal on which stand the fortunes of men! he has chosen to imitate a Bonaparte. And his fall will be different, although equally disastrous. Towards the North Americans, the actual administra- tion under Bustamente, and the present administration un- der Santa Anna, with two thirds of the balance, bear no good will, but rather distrust and dislike. They complain- ed on Poinsett's meddling with the politics of the country, and of his insulting the nation, by offering to buy Texas, a federal territory, unalienable by the constitution, of 160 millions of acres, for ten millions of dollars, or six cents per acre: and that, when he found his offer objectionable, he further insulted the Mexican nation by offering a loan of ten millions, as a pawnbroker would, upon the pawning of Texas until repaid ; which insidious proposal, said they, was meant to fill the country of' Texas exclusively with Americans and slaves, and to hold it afterwards at any event — the United States never meaning to restore it! This was deemed even by the patriotic party, who were great fi-iends of the Americans and Poinsett, an insult sim- ilar to an offer of the Mexicans to buy or pawn Louisiana or Arkansas, if made to the Congress of the United States. They now complain as they did then, that citizens of the United States encourage the excursions of the Coman- ches and other predatory tribes against New Mexico and Texas ; furnishing them with arms, buying their spoils, POLITICS IN MEXICO. 127 fitolen horses ana mules, yea even Mexican freemen, who are bought as slarves, and some mulattos and Indians, held as such in Louisiana. And that the United States, by in- vading gradually all the Indian lands, and removing the Indians on the borders of Mexico, commit a great injustice, and lay a foundation for future troubles and quarrels with Mexico; further evinced, by their perfidy towards Indians in the south and west; breaking solemn treaties with them; leading the Mexican nation to believe, that they will not deem sacred any treaty made with them, whose population are similar to the persecuted Cherokees, Creeks, and Choctaws. Their complaints now, whether just or unjust, are, that American emissaries have been and are still suggesting to the Texasians, to rebel and declare Texas independent of Mexico; or even ask a union with the United States who will allow the bane of slavery ! And that the adopted cit- izens of Mexico will be supported in their turbulent dispo- sition, manifested so unequivocally in 1835, as Barradas was in 1829, whose troops were chiefly carried over from Cuba to Tampico in North American vessels, and some disabled ones allowed to refit in New Orleans, the Span- ish troops well received, recruited and actually sailing from New Orleans to invade Mexico! These subjects of com- plaint have been artfully fomented by the English agents and party. A cry was once raised for war against the United States ; a loan of two millions was offered to carry it on — to invade Louisiana, (Z^cZare all the negroes free — expel all the American settlers from Texas, granting it exclusively to its foreign settlers, &lc. Even the patriotic party and friends of North America were staggered. Nothing is more calculated to alienate them, than the treat- ment of Indian affairs in the United States. These two nations, which ought to be natural allies, were thus on the verge of becoming foes ! However, the prudence of the administration and the unsettled state of internal affairs prevented actual hostilities. The American government at that time hushed up the affair of Texas, recalled Poinsett, and evinced symptoms of conciliation. A treaty of commercial arrangements 128 HISTORY OF TEXAS. was entered into, and happily concluded, to the satisfac- tion of all parties. But the influence of those feelings, aroused in the minds of the Mexicans, has been so great, that the Americans, who were the most favored nation, have ceased to be suchj and their merchants, captains, travelers, settlers, &c., have been often insulted. The English merchants have availed themselves greatly of this, to increase their customers. Formerly, the North Americans were welcome any where. Now their situa- tion is precarious in Texas, and even in the city of Mex- ico ; as they believe every advancement made by an Ameri- can to a Mexican, has some sinister motive under it, pre^ judicial to the advantage of free trade. In any future contest v/ith North America, the Mexi- cans think that they will be quite a match for their north- ern neighbors. It happens, say they, that the nearest states to Mexico have a large slave population, v/hich it will be very easy to rouse by an offer of complete free- dom: also the borders of the two countries are tilled with Indian tribes, driven by the United States, and very un- wisely concentrated in a vulnerable point, which would join the Mexican soldiers, who are nearly all Indians. The Mexican population will soon equal that of the freemen of North America. They are becoming war- like, and the table land population has no dread of a cold- er climate. This does not imply that the Mexicans ever mean to make conquests; but they can and will retaliate if attacked or deeply injured! It is an important fact, that the whole population of Mexico is free, and increasing, notwithstanding all the checks from civil war and struggles, domestic quarrels, and local difficulties. There is no slavery to weaken the social system; and nearly all the Indians are cultivators, except a few straggling tribes in the north and northeast. The various ancient nations of different speech, have all blended under the proud name of Mexicans, and possess unanimity of national feeling. Thus the Mexicans start into the rank of independent nations with double the population, at least, of the United States in 1783, and with thrice as many freemen. These MEXICAN FINANCES. 129 freemen have increased Iavo millions between 1825 and 1835, or one in seven every five years. This would dou- ble the population in thirty -five years ; and how much less, when peace and security shall be established. A striking fact to prove this may be found in the state of Michoacan, (the cradle of revolutions, and which has most suffered) having increased, by actual returns made, from 365,000 in 1822, to 450,000 in 1827, or 85,000 in five years,- at the rate of nearly 25 per cent, which would double the population in 20 years. Thus it is not unrea- sonable to suppose that, in 1850. the Mexicans may be fif- teen or sixteen millions; and in 1870 perhaps thirty mil- lions, which the North Americans can scarcely exceed then, even with their slaves. FINANCES. We must acknowledge that the finances of the Mexican people, were in a wretched state for many years, and are not much improved yet; but the same was the case in North America, between 1784 and 1789. It may even be asserted that there is hardly any system of finances ; and yet the country offers the most ample means to build one, if able hands could manage them, and a Hamilton be found. The Ministers of Finances have all been unskill- ful or greedy, and during the revolution every thing was dis- organized: the mines and mint almost suspended: collec- tions became difficult; the capitation tax of the Indians, which produced about 1,500,000 dollars, was very properly abolished; and every thing was thrown into a confusion, from which it has not yet recovered as it ought. Before the revolution, the revenue of Mexico was about twenty millions of dollars ; of which half was sent to Spain, and half spent in the internal administration. In 1828 the fed- eral income was only about fourteen millions, all spent in the country; and yet the army, interest of loans, and every thing else were in arrears. The state taxes and revenue were independent of this. This federal revenue arises from customs and the mint; monopolies of tobacco, salt, pulque, and gunpowder; lotteries and privileges, the post office, stamps, and tolls, &/C. 130 HISTORY OF TEXAS. These are the ordinary means. The extraordinary ones are loans, contributions, donations, confiscations of the property of exiled Spaniards who have taken arms again ; and lastly repartitions, or the contingent of each state to make up deficiences, which is seldom paid in time. The state taxes are light, chiefly raised by local monopolies and excises or tolls, in the towns. All the monopolies are farmed to insure collections. That of tobacco and snuff has lately been granted to Eng- lish capitalists, who give annually two millions for it. Many other branches of revenue are al&o farmed, and even the custom house is nearly so, or at least so com- pletely in the hands of the officers that they control it, taking good care to pay themselves first. Exactions, bri- beries and compromises for smuggling, are by no means un- common: nay, they have a very absurd and vexatious privilege, to buy up any imported goods at cost, which are invoiced too cheap. Monopolies, although deemed obnox- ious, are preserved, because they form the only certain revenue, all the other branches being liable to great fluc- tuations. Loans have been precarious, and afforded only a mo- mentary relief. The two English loans united were £6,400,000 sterling; yet they produced only twelve mil- lions of dollars in Mexico, while interest is to be paid on nearly thirty millions. Thus interest being suspended, no other loans on better terms can be obtained. Thus the Mexicans have lost their credit abroad; while they could easily raise a revenue of twenty-four millions, which would be only three dollars upon each individual on an average. Land, property, persons, and the whole church are un- taxed; while a general land tax, or a general capitation, might save the country : but the rich oppose the first, and the poor the second plan. A judicious medium is yet to be found. The holy church, owning one-fourth of the wealth, is not yet to be touched. High duties on imports, (which lessen their consumption and customs,) are the only available and popular incomes; because they are little felt by the poor, who consuixic few luxuries, or by the MEXICAN LANDS— AGRICULTURE. 131 rich, who get every thing so much under the Spanish prices. No country has more need of one or more banks than Mexico, where so many metallic transactions take place; but the idea of a bank is yet unpopular, because the parties distrust each other, and fear the abuse made of them in the United States. The people are afraid of paper mone}^; from which they have happily been preser- ved, notwithstanding the attempt of Iturbide : and thus they are so far better off than the United States in 1783. Many other financial resources could be stated or found, but the sale of public lands is beginning to draw peculiar attention. PUBLIC LANDS. The Mexicans have one thousand millions of acres of good land, besides as many of barren land, to sell, inde- pendent of Texas; which, at the assumed rate of forty cents per acre, may produce in future from three to four hundred millions of dollars. Thus they will sell land cheaper than the United States, and at a longer credit of six years. The one-half of this land is suitable for sugar and cotton, and all useful staples may be cultivated by freemen. And any poor man, white, red, or black, can buy it wUhout a cent in his pocket, and raise enough on it before the price is due to pay the small cost, and be wealthy to boot! This leads me to take a survey of Mexican agriculture. AGRICULTURE. No country is more favored by nature in this respect. Low-lands and table-lands, from Texas to Yucatan, can produce every production of the globe — sugar, coffee, and cocoa, as well as cotton, wheat, and wool ; besides the pe- culiar staples of vanilla, jalap, cochineal, &lc^ A farmer or settler has only to choose and consult his own conveni- ence, or abilities; and if industrious he is sure of wealth and comfort. In the settled parts, Indian laborers are easily procurable : twenty-five cents per day, are the aver- age wages of their free labor. 'But there the land is all in the hands of the aristocracy. Some of them own es- tates as large as a county in the United States. If they 132 HISTORY OF TEXAS. could be induced to parcel them on long leases or ground rents, they would become richer still, and as many wealthy patrons, like the Rensselaers of Albany, in New York: while the land would be filled with farms and gardens, as it is in Oaxaca, the ancient estate of Cortez, and other places, whose Indians are land holders upon a moderate quit rent, such as the fue rents in Scotland. These estates are va- riously appropriated: some are mere cattle farms of vast extent, while others are immense sugar plantations. Sugar, coffee, and cotton can be raised cheaper than in the United States, or in the West Indies, and that by free labor too; but owing to the civil troubles, not enough is now raised for the home consumption; and some is still imported from Cuba, Jamaica, and Louisiana. The bad system of fallows is yet universal: three-fourths of the large estates are thus kept, and one-fourth planted by turns in the annual staples. Plantations of coffee trees, olive trees, grape vines, and other permanent cultures, are but few as yet: oil and wine are, however, made. Cocoa, maguey, vanilla, and cochi- neal are also perennial staples, well cultivated by the In- dians in some districts. The other agricultural products are indigo, pimento, tobacco, aloes, maize, wheat, pulse, &c.; besides the great animal staples of cattle, mules, horses, sheep, goats, wool, hides, wax, honey, &c. &.c. nice, silk, and a few other productions, are little known, but might be very easily introduced. Irrigation is well practised, even by Indians, but manures are unknown. Maize, or Indian corn, is the chief food of the Indians, (with chocolate, and fruits,) and eaten in the shape of tor- tillas, or flat cakes — pronounced tortees, A Mexican laborer or soldier, can live upon the daily value of two cents! The produce of maize, is wonderful: an acre has been known to yield two hundred bushels; and some stems are twenty feet high, with five or six large ears on them. Wheat only grows well on the table land, but there com- monly yields twenty-five for one; while in Europe only twelve on an average ; and in Kentucky, on the best of land, only twenty-two for one. In the irrigated lands of Mexico it has been known to yield from forty to eighty MEXICAN COMMERCE — MINES. 133 for one! To produce one million pounds of sugar, only- one hundred and fifty laborers are required — one hundred men and fifty boys — while three hundred are required in Culja and Louisiana. The production of Mexican coffee is still easier: twenty men can attend to 200,000 trees, which produce an average of 300,000 pounds weight. Women and boys do the picking, cleaning, and preparing. This free labor will sooner or later supersede the need of colonial slave labor; and slavery may cease by becoming useless and unprofitable. COMMERCE. Although the Mexicans v/ill chiefly become a great ag- ricultural nation, commerce will follow as usual in the train. Between two great oceans, they will turn their attention, after police and tranquillity shall be restored, to greater intercourse with Europe, North America, China, and the East Indies. At present the whole trade, as one may say, is in the hands of strangers, chiefly English and North Americans. Of the vessels that entered Vera Cruz in 1826, onl}^ six hundred and twenty-six were Mexican; and all coasting vessels; four hundred Americans, ninety- five English, and fifty French. The English have now more vessels in the trade, than all the rest put together. Several ports are open in the east and west shores; yet it is said that the imports and exports have fallen in amount since the revolution. This may be ascribed to the cheaper value of the imports, and the less bullion exported. MINES. Mexican mines are indeed much fallen off, and no longer the same source of wealth as formerly; though three great impediments were removed at the revolution: first, the duty on silver and gold was reduced to three per cent. — it w^as ten per cent, before ; secondly, quicksilver for amal- gamation has been made duty free ; thirdly, several local mints have been established. Formerly all the bullion was to be coined in Mexico alone. Besides, foreign capi- tal and machinery were introduced, but could not compen- sate for the Spanish capital withdrawn, (which was one M 134 HISTORY OF TEXAS. hundred and forty millions,) and the local difficulties of in- security, prejudice, inexperience, want of fuel, &:.c. &c. In 1823 was established the first English mining com- pany. They are now ten: English seven — North Amer- ican two — German one. They have spent 12,000,000 of dollars, or more, in draining old or exhausted mines, instead of seeking for new ones; introducing useless and expensive maehinery; and importing miners from England, who are of less use than the Indians. The result has been, that all these companies (except perhaps the German, which was more judiciously conducted,) have failed in their ex- pectations of great wealth, and sunk a vast capital. Some mines were not drained, after five years' labor from the commencement of their attempting them; producing then but little silver. Of course they became discouraged. But the mineral treasures of Mexico are not exhausted. Three thousand millions of silver have been drawn from them in three hundred years, or an average of ten million dollars per annum. As much remains, if not more; but it must be sought for, and the practical mode of the Indians resorted to again. In the single smaller mint of the pat- riots, in Zacatecas, they coined fifty-four million of dollars between 1810 and 1827, in the midst of a cruel civil war. It is expected that in 1836, if peace and quietness should prevail, twenty-four millions of bullion may be produced in all metals, as before the revolution. It has lately been ascertained, that the great mineral v/ealth extends far to the northwest, beyond the supposed limits of latitude 24, and much beyond Sonera; and there the ores are richer, yielding six per cent, of silver, while in the south they hardly give two per cent. MANUFACTURES. Mining has been considered as a lottery, but in Mexico it is rather a manufacture of bullion. A great deal depends on a good location. In old mines the working is always half of the amount or more. The baneful system of the Mita, or compulsory labor of the Indians, at the mines of Peru, was never introduced. The usual mode latterly, was to work on shares, the owner allowing half the silver to MEXICAN MANUFACTURES. 135 the Indian miners : this they liked well, because it gave them a chance of great profit. The mining companies will be compelled to return to this plan. Sugar making is also a complicated manufacture, in which the Indians are likely to supersede negroes. Brown sugar can be produced by them at the low rate of one cent a.nd a quarter per pound. In Cuba the lowest rate is two cents, and in Louisiana three and a half cents per pound. There a negro slave only raises 4,000 pounds of sugar: in the fertile soil of Mexico an Indian can actually produce 8,000 pounds yearly. The manufactures in which the Indians excel, are jew- elry, sculpture, carving, and all the ornamental arts ; they are also good painters, musicians, masons, ^c. They make beautiful and wonderful vases, similar to the admired Etruscan vases of antiquity; toys of all kinds, wax figures, feather mantles and mosaics, masks, ornaments, saddles, cotton cloth, ornamented cloaks of great value, &c. They are susceptible of being taught any other art, being skillful and industrious in all their pursuits. All kinds of European manufactures were discouraged or forbidden by the Spaniards, and the late struggles have not allowed yet of their turning much attention that way. The English and foreigners have also supplied all their wants at so cheap a rate, compared with former prices, that "they have not felt the need of a change. But a change must happen when trade, commerce, good roads, and man- ufactures will be attended to: every thing almost, is yet to be created in that way. Planters and manufacturers will realize in Mexico greater wealth than the miners! The Creoles disda.in ail kinds of handicraft: they apply -themselves merely to agriculture, trade, and professions. Foreign mechanics have therefore ample scope. Even tailors, shoemakers, carpenters, and smiths, can realize two to four dollars per day, while Indians are content with twenty-five cents. Clothing of all kinds is very dear. Hats, coats, shoes, shirts, &c. are the best articles to import: the next are iron, hardware, hosiery, glass, paper, silk goods, dry goods, woolens, &c. The French wines have superseded the 136 HISTORY OF TEXAS. Spanish wines. The first manufactures needed in the country are paper, gunpowder, hats, glass, arms, wool- ens, &c. LAWS. The laws of the country are mild. All crimes are judged by the Federal Courts; the State Courts having only cognizance of civil suits. A Federal attorney watches in each State over the local laws, so as to prevent any unconstitutional infringement : this may be deemed an improvement upon the federal system of the United States. Trial by jury has not yet been established, because the people are not quite prepared for it. But there is no im- prisonment for debt — the shame, in so many states, of the Federal northern Union! Credit is low, because the country is so unsettled, and because payment may be postponed a long while by lawyers, and by bribing the of- ficers of the law. Indeed, bribery is a glaring evil in the whole system of government, borrowed from Spanish pre- cedents and practice; something like what the United States borrowed of England, to put debtors in jail and keep them there, for simple debts only. ARMY. The standing army is another evil; but it was needful while the war with Spain lasted. It is now a tool in the hands of the ambitious and turbulent. In 1827 the whole army was 35,000 men, with 30,000 reserve; besides 10,000 militia in. activity, and 25,000 in reserve. But these 100,000 men were scattered through such an extent of territory, that it was not easy to collect at once a large force to oppose the invasion of Barradas. In 1835, the actual army and active militia was 200,000 men, of which 50,000 formed the federal army, and 150,000 belonged to the states, being supported by them. They are independent of the enrolled militia, which is calculated at 800,000 men. Thus the Mexican confede- ration have a disposable force of 1,000,000 of men, inured to the use of arms ! This calculation is made independent of their adopted citizens the Texasians. The federal army is furnished by rates from each state : mm MEXICAN CHURCH. 137 the pay is enormous, and a great source of expense. Each soldier of infantry has $1 25 per day, and in the cavalry $2; the officers have proportionate large salaries. This makes every one anxious to enter the army. But the soldiers have no rations; they must clothe and feed themselves : the states furnish nothing but arms and am- munition. The horsemen must even provide their own horses 5 but a horse can be had for fifteen to twenty-five dollars, and a Mexican soldier can live upon four tortillas (or johnny-cakes) a day ! However, this high pay is alwa5's in arrears, being dif ficult to collect; and soldiers seldom receive any thing, but new clothes when they are in rags, and these charged to them at an extravagant rate. As to their food, they are often compelled to borrow, beg, or levy it, by military contributions. They are cheered, however, by the love of country and liberty, with the a^ctual privileges which they possess over the peasantry; such as not being amen- able to any tribunal but court-martials — promises of land, plunder, &c. The army is altogether liberal, but very turbulent; there are too many officers and generals who want to cut a dash, and strive to acquire wealth and fame, CHURCH. The Mexican church vtnd clergy may be deemed another evil indeed, because they monopolize in a few hands so much wealth and land. One archbishop, nine bishops, and about 5,000 churchmen, form the secular clergy, in-' eluding the Indian curates; besides mc-nks and nuns, in one hundred and ^fty convents and nunneries, chiefly Do- minicans, Franciscans, Carmelites, and Augustinians. These leeches, as many call them, possess estates, pro- perty, and income, to an immense amoifnt, all untaxed. They have also the management of all the ohras pias, or pious legacies for benevolent purposes, said to amount to 25,000,000 of dollars, mostly lent on mortgages; besides nearly 30,000,000 lent to Spain before the revolution — which became a claim at the peace. The whole army is against the church, and claim their useless property to pay their arrears. The leaders alone, who fear without loving m2 138 HISTORY OF TEXAS. the clergy, have heretofore restrained this feeling; more particularly since their idol general, Lopeas de Santa An- na, has glutted them with plunder from another source! The Spanish monks and priests, who were the most dstn- gerous to the state, have all been expelled: the Creoles have taken their place. There had always been a jealousy between them, and now they triumph; but the old monks having taken hold of all the lucrative possessions, wallow in wealth, while they try to keep under the young moijks, by allowing them merely three dollars per month for their pocket mGne3\ Nans are diminishing: very few have become so of late years, and no young ones ; only a few old women tired of the world — or rather dissipation. Young monks are more common. The sons of Creoles embro.ce the profession, as a wealth}'-, indolent mode of life : for monks have few re- straints. They go out any where, frequenting even gam- bling houses, theatres, and places of amusement. Their morals are very low: thus they are despised. The Cre- oles and Indians are wavering in their former respect, and even in their religious belief. Nothing can better show the state of the public mind on this score, than the fact, that books against the Catho- lic religion are openly printed and read even by the monks. Yea, the Citateur of Le Brun, a work ridiculing in the most open manner the whole national belief, was transla- ted, during the ascendency of the Liberals, and printed at the government press. Every body laughed with it, and the monks joined in the laugh: therefore, it was evident that the government wished to pave thj^ way to a gradual religious reform and liberty of conscience. These things are sinking deeper and deeper into the hearts of the peo- ple, and will prevail. The church property, if taken or borrowed by the nation, might lay a foundation for credit and prosperity; but if it is wasted by the military, it may as well be let alone. All the clergy are, like the army, subject to their own peculiar tribunals only, and enjoy many other immunities: there is then a kind of tacit union of church and state. The army and church, although secret foes, find it conve- MEXICAN STATES AND TRIBES. 139 nient to support each other. The first attack has begun with the States,- and in all probabihty, — nay proofability, will before a great while succeed in toto ccelo. STATES AND TRIBES. Although those states forming the Federal Union are very various in climate, soil, productions, population, and views, the most populous is the central one of Mexico, which has 1,500,000 citizens: it was only about 1,000,000 in 1828, The capital is Tezcuco, the city of Mexico it- self being the federal city only. The smallest state and least populous is Tabasco, having only 60,000: it may be compared to Rhode Island in the United States. The state of Durango is the only one which has a population nearly all white, of 200,000. - The different Indian nations are scattered in all the other states: they only differ in speech, and are mostly cultivators, one-tenth part only being miners, mechanics, fishermen, shepherds, and soldiers. The Aztecas are the most numerous; next the bi-ave Tarascas of Michoacan, who began the revolution; the handsome Miztecas of Oaxace, who are called the Circassians of Mexico; be- sides the Otomis, Zacatecas, Huastecas, and many more: while in the north are the Mayos, who have a population of 75,000, Their chief town has 15,000 in it. The Opatas have thirteen large towns in Sonora, and form two-thirds of the population. The Yaquis made war on the Spaniards till 1825, and now their king is become a federal chieftain. General Cienfuegos. General Salvador was also once king of the Opatas. All these are very clever, docile, industrious, and warlike tribes. There are also, the Guicholas of Xalisco, the Yumas, the Nabajos, the Seres and Apaches of New Mexico and California, more or less civilized, commonly dwelling in towns or missions; except the wandering Apaches and Comanches, formerly formidable robbers, but now mostly conciliated, or in some degree friendly. Thus the Mexican nation, enjoying a fine climate and soil, much wealth, and many elements of prosperity, can- not fail to become powerful and respected. 140 HISTORY OF TEXAS. HEALTH. it is a mistake to suppose the country unhealthy becausig there are some narrow strips of land along the shores which are subject to local diseases in the summer. These low-land strips extend from Tampico to Anahuac in the east: but a stranger, by coming there between November and April, or by removing at once from thirty to sixty piiles inland, if he comes in summer, will be perfectly safe. The Vomito j)rieto, of this zone, is a kind of yellow fe- ver, modified by the climate, and not much worse than the disease of New Orleans. Others say it is a kind of gas- tronymic fever, which assails at once the liver, spinal marrow, and brain. One of the most simple remedies in use, and which is often effectual, consists in speedy and repeated doses of a mixture of castor oil, lime juice, and sea salt. Nine-tenths of the country, are healthier than the most healthy parts of the United States, not being so often liable to consumptions, rheumatisms and chronic diseases. ENCOURAGEMENT TO FOREIGNERS. 1 proceed to notrce the encouragements given from time to time by the Mexican nation to foreigners, in order that they m.ight become denizens of their polity; secured to them by the unalienable laws of citizenship; offered and granted upon such principles as shall be respected and protected, throughout all sivay.s, amendments or alterations in their governments, while the grantee shall remain within the bounds of their constitutional jurisdiction. The Spanish government, so long as it maintained its sovereignty in America, not only absolutely prohibited the settlement of foreigners upon the frontier provinces of its possessions, but even discouraged its own subjects from occupying the lands which now present such great temp- tations to the planters and farmers, mechanics, and manu- facturers. Mexico, immediately after its dissolution with Spain, began to follow the example set by their northern neigh- bors, the United States, who, by their policy on public lands, had erected in the short space of twenty years, sev.- ENCOURAGEMENT TO FOREIGNERS. 141 eral states and territories, of the most industrious popula- tion, out of the region which would still have been called the wilderness of Louisiana^ if it had remained under the Spanish yoke. It was not, however, until the general prevalence of those republican principles, which led to the establish- ment of the Federal Constitution of Mexico in 1824, that the proverbial jealousy of foreigners, for which the Span- ish nation has always been celebrated^ gave way to the liberal policy of the free governments of modern times; which teaches that the freemen of all countries are patriots, wherever their destinies fix, or their interest calls them. Seeing, therefore, the advantage which the United States of the north had derived, both in agriculture and the arts, from the admission of the subjects of all the nations of the earth among them, and the great accession of national strength, which their rapid emigration had made, the na- tional Congress of Mexico wisely followed the same course, and passed laws for the distribution of its uninhabited tracts, among such citizens and foreigners as should choose to occupy them. By so doing, many advantageous settlements have been made in their country; but none have grown with such rapidity to strength and consequence, as that part called Texas, (formerly a portion of Louisiana's wilderness,) which was first made an object of public attention, by the discussions relating to the purchase of Florida. It was by the treaty of cession of that country, that the bounda- ries of Louisiana were fixed: and, by many acquainted with its advantages, it was thought that the most healthy and fertile tract of land in North America, was sacrificed to the acquisition of Florida — the great political object of Mr. Monroe's administration- In 1819, however, tiie relinquishment of Texas, con- sidered at that time as an integral part of Louisiana, was comparatively no loss, to those who had already possess- ed rnore land than they could settle; and who had then but little knowledge of its intrinsic and local advantages, which have only been laid open by the Republican Government of Mexico, since its emancipation from the enthralling 142 HISTORY OF TEXAS. yoke of Spanish despotism. The influence of free consti- tutions, and of wise laws, has seldom been more perfectly illustrated, than in the sudden development of the re- sources and advantages which this fertile country now ex- hibits,- not only through the principles of the permanent national colonization laws of 1824, but by their having been fully met by the Legislature of Coahuila and Texas in 1825, in such a manner as was thought would not only have the effect of inducing the immediate emigration of foreigners into its territories, but of insuring their con- tent and prosperity afterwards, through the following en- couraging provision. " During the Jirst ten years, counting from tlie day on ivhick a grant of a new settlement has been made, settlers shall not only he free from all taxes and duties upon a?'ticles imported for their own use, hut free from all contributions, of whatever denomination, with the exception of those luhich, in case of invasion hy an enemy, or to prevent it, are gen- erally imposed; and all the produce of agriculture or indus- try of the settlers shall he free from excise duty, (Alcahala) or other duties, throughout every part of the state, (^with the exception of the duties for ivorhing the mines.) After the termination of that time, the new settlements shall he on the same footing as to taxes, with the old ones; and the colonists shall also, in thi^. particular, b^ on the sarae standing with the other inhabitants of the state, and of the government,'''^ COLONIZATION LAWS. We shall now look into those particular colonization laws, which have been passed from time to time, for the benefit of the emigrant ; after which, we shall conclude our treatise on the government, by referring to the Constitution of the Mexican United States, and the Constitution of Coa^ huila and Texas : reserving the balance of those needful observations which may bo omitted, to our essay on the Americans settled in the province of Texas, as the adopt- ed citizens of the Mexican confederation. Protection hy Government. Art. 1. The government of the Mexican nation v/ill protect the liberty, property, and civil rights of all foreigners, who profess the Roman Cath- MEXICAN COLONIZATION LAWS. 145 oHc religion — the established religion of the empire.—- Law of the 4th January, 1823. Art. 1 and 2, of the law of the 4th August, 1824, scnne. Art. 1, of the Colonization law of Coahuila and Texas, 24th March, 1825, same. Art. 1 and 2, of Instructions to Commissioners, of 4th September, 1827, requires of foreigners, certificates of their religious character, &c. from the local authority, without which they cannot be admitted; and the Empre- sario must give his opinion of the sufficiency of said certifi- cates, their genuineness, &lq,. &c. Distribution of Lands. Art. 2. The Executive will dis- tribute lands to settlers, under the terms and conditions herein expressed. — Laws of Mexico, 4th January, 1823.- See also. Law of the 18th August, 1824, same. Art. 4, of the laws of Coahuila and Texas, passed 24th March, 1825, provides, that after a foreigner has made a declaration of his wish^to become a settler in due form, as directed in section 3, and taken an oath to support the Constitution of the General and State Governments, &c. he is at liberty to designate any vacant land; and the Po- litical Authority will grant it to him, in the same manner as a native of the country, to be approved by the Govern- ment. Quantity of Land, i^^c. Art. 16. Families or unmarried men, who entirely of their own accord have emigrated, and may wish to umte themselves to any new towns, can [ at all times do so, and shall receive, provided that their sole ' occupation is cultiva;tion of land, one labor. Should they I also be stock raisers, grazing land shall be added to com- I plete a sitio. And, should their only occupation be raising I of stock, they shall receive a superficies of land, equal to I twenty-four million square bars. By Art. 15, of same act, j unmanned men shall receive the same quantity, when they enter the matrimonial state; and foreigners who marry J native Mexicans, shall receive one-fourth more. Those who are entirely single, can receive only one-fourth as much, until they marry. The government can augment the quantity of land, in proportion to family, industry, and activity of the colonists. And, by Art. 18, families who emigrate in conformity to the 16th Art. shall immediately 144 HISTORY OF TEXAS. present themselves to the Political Autliority of the place, which they have chosen for their residence, who, finding the legal requisites, shall admit them, and put them in possession of the corresponding lands; and, by means of themselves or a commissioner, will issue them a title. — Art. 3, 16, and 18, of the Law of Coahuila and Texas, of the act of the 24th March, 1825, the same. Also, Art. 4, of the Law of Mexico of the 4th January, 1823, same. Mechanics are entitled to town lots gratis, by Art. 15, of the law 27th September, 1827. Sale hy Goviernment. By Art. 24, of the Law of Coa- huila and Texas, passed 24th March, 1825, Government will sell to Mexicans, and to them only, such lands as they may wish to purchase, not more than eleven sitios, and under condition that the purchaser cultivate what he ac- quires by this title, within six years from its acquisition, under the penalty of losing them. The price of each sitio, subject to the foregoing condition, shall be one hundred dollars, if it be pasture land; one hundred and fifty dollars, if it be farming land, without the facility of irrigation ; and two hundred and fifty dollars, if it can be irrigated. Art. 36. Building lots in new towns shall be gi^en gratis to the contractors of them, and also to artists of every class, as many as are necessary for the establishment of their tro.de. And to other settlers, they shall be sold at public auction, to be paid for in six, twelve, and eighteen months : but all owners of lots shall annually pay one dollar for each lot, which, together with the produce of the sales, is to be ap- plied to building churches in said town, &c. — And by the instruction to the commissioners of the 4th of September, 1827. Section 15. An artist is to receive in a new town, one lot, subject to draft, and the Empresario two, without draft. Should there be a number of a,pplicants for the same lot, it shall be decided by draft. Colonization Laws. Art. 8, of the act of the Mexican Congress of the 18th of August, 1824, declares that the Legislatures of all the States, will, as soon as possible, form Colonization Laws, or regulations for their respective States, conforming themselves, in all things, to the con- MEXICAN COLONIZATION LAWS. U^ stitutional act, genenl constitution and regulations, estab- lished by law. Section 18. The Mexican Congress decree, that the government shall form a sj^stem for the regulation of the new Colonies, and shall, within one year, lay before Con- gress an account of the colonists established under this law. The Congress of Coahuila and Texas, formed their Colonization Laws, 24th March, 1825. Empresarios and Contractors, Art. 3, of the Mexican Congress, of the 4th of January, 1823, provides, that Em- presarios who shall introduce at least two hundred families,- shall previously contract w^th the Executive, inform him of their resources, and business to be pursued, to enable the Executive to designate the province, the different na- tions of which its inhabitants shall be composed, ^c. ^c. Art. 19. To each Empresario, who introduces and es- tablishes two hundred families, shall be granted at the rate of three haciendas, and two labors^ (equal to about 66,775 acres,) but he will lose the right of property over said land, unless populated and cultivated in twelve years from the date of concession. The premium cannot exceed nine haciendas and six labors, whatever may be the num- ber offamilies he introduces, (equal to 200,324 acres.) By Art. 20, the proprietors of said lands at the end of twenty years must alienate two-thirds of the same by sale^ or in any other manner they please. And by Art. 21, the provisions contained in Arts. 19 and 20, are understood as governing contracts made in six months from the 4th Jan- i uary, 1823. After that time the Executive can diminish I the premiujUj as he may deem proper. I Art. 8, of the Law of Coahuila and Texas, passed 24th . March, 1825, provides, that in projects for new settlements, 1 in which one or more persons offer to bring at their own 1 expense, one hundred or more families, they shall be pre- sented to the gavernment: and if found conformable to this law, they shall be admitted ; and the government will im- mediately designate to the contractors, the land where they are to establish themselves; and the term, of six 3earSy within which they must present the number of families j they contracted for, under the penalty of losing the right? N 146 HISTORY OF TEXAS. and privileges ofiered in their fiivor, in proporlion to the number of families, which they fail to introduce : and the contract totally annulled, if they do not bring at least one hundred families : those settlers introduced, holding their own rights and privileges notwithstanding. By Art. 12, of the same law, the contractor or contractors, for the es- tablishment of a nev/ settlemiCnt, are entitled to five sitios of grazing land, and five labors (equal to 23,025 acres,) at least for each hundred families, which he or they may in- troduce j the one half of which shall be without the facility of irrigation : and they can only receive this premium for eight hundred families, (equal to 184,200 acres.) Fantilics and Individuals favored. By a provision of law annexed to all grants given, those who bear their own expenses to the country, shall have one labor extra, of such as are brought by empresarics or contractors. And, Empresarics or contractors arc forbid introducing, or permitting to remain, people of loose haijits, or those guilty of crimes; or penxiitting persons to trade with hostile In- dians, in arms or ammunition, or to trespass on the rights and acknowledged privileges of such Indians as are peace- fully disposed. State rights. The state retains the right of property over all vacant lands, after laying off to the empresarics or contractors, and the families or individuals settled, or to be settled, according to law, for the purpose of rewarding the military, selling to Mexicans, and settling others, ac- cording to the laws. Mexican Measure of Land. Art. 5, of the Law of Mex- ico by its Congress, on the 4th of January, 1S23, estab- lishes the measure of land as follovvT. The vara at three geometrical feet — equal to Sol inches. A straight line of five thousand varas, sliall be a league, (square varas, equal to 4,629 yards, I foot, 1G|. inches, or 2yy-?^, or 2 miles, 201 "rods, 12 ^ee\, 4 inches.) A square, each of w^hose sides shall be one league, shall be called a sitio, (twenty-five million square varas is a sitio, equal to 4,428-j-lJ^ acres.) Five sitios shall compose one hacienda -^ equal ,to 22,140^^^^ acres. Aii:. 7. A labor iz cne million cquare t'ara-s cr one MEXICAN COLONIZATION LAWS. M7 thousand varas on each side. See, also, Art. 11, cf the act of the Congress of Coahuila and Texas, passed 24lh March, 1825, same. Establishments under Former Governments. By Art. 10, of the Law of the*Mexican Congress of the 4th of January, 1828, establishments made under the former governments, which are now pending, shall be regulated by this law, in all matters that may occur; but those that are finished, shall remain in that state. And by Art. 31, of the same law, all foreigners who mn.j have established themselves in any of the provinces of the em- pire, under the permission of the former government, will remain on the lands which they may have occupied, being governed b)" the tenor of this law, in the distribution of eaid lands. Government ivill cause lands to be Alienated. By Art. 11, of the law of the 4th of January, 1823, of the Mexican Republic, government will adopt measures for dividing out- the lands, which have accumulated in large portions, in the hands of individuals or corporations, and Vviiich are not cultivated, indemnifying the proprietors for the just price of such lands, to be affixed by appraisers. And by Art. 20, of the same law, proprietors who have acquired their lands as u, premium for the introduction -of settlers, must alienate two-thirds of their land by sale or otherwise, as they please, at the end of twenty years from the concession Vid. title Empresarios and Contractors. Provisions. In all grants there is a provision made, that as soon as there is a sufficient number of men, the National Militia shall be organized, and regulated by law : and that all official communications shall b^ made in the Spanish language, when corresponding v.'ith the govern- ment. Villages, Towns, and Cities. Art. 12, of the law of the 4th of January, 1823. The union of many families at one place, shall be called a village, town, or city, agreeably to the number of its inhabitants, its extension, locality, &c., and the same regulations for its government and Police shall be observed, as in others of the same class in the empire. By H8 HISTOR\r OF TEXAS. Art. 34, of the Laws of Coahuila and Texas, of the24tli March, 1825, towns shall be founded on the sites deemed most suitable by the government, or the person commis- sioned for that effect, and for each one there shall be designated four square leagues, whose area may be in a regular or an irregular form, agreeably to the situation. And by Art. 35. If any of the said sites should be the property of an individual, and the establishment of new towns on them should notoriously be of general utility, they can, not- withstanding, be appropriated to this object, previously in- demnifying the owner for its just value, to be determined by appraisers. In Coahuila and Texas, by a law of the 4th of September, 1827, appointing a Commissioner, it be- comes his duty to select all sites for towns in the aforesaid states. Streets. By Art. 13, of the Law of the Mexican Re- public of the 23d January, 1823, streets are to be laid straight, running east and west, north and south; and by Art. 14, the streets must be twenty varas wide. See, also. Art. 37 and 38, of Colonization Law of Coahuila and Texas, of the 24th March, 1825, to the same effect. Public Squares. By Art. 12, of instruction to the Com- missioners by act of the Legislature of Coahuila and Tex- as, of the 4th of September, 1827, in all new towns, there shall be designated a public square, which shall be one hundred and twenty varas on each side, exclusive of streets, which shall be called principal or constitutional square, and this shall be the central point from which the streets shall run for the formation of squares and blocks. Art. 13. The block situated on the east side of the principal square, shall be destined for the church, curate's house, and other ecclesiastical buildings : the block on the west side of said square, for public buildings of the muni- cipality. In some other suitable situation a block shall be designated for a market square; another for a jail and house of correction; and another for a school, and other edifices for public instruction : with another beyond the limits of the town for a burial ground. Provinces. By Art. 14, of the Law of the Mexican MEXICAN COLONIZATION LAWS. 149 Republic, of the 4th January, 1823, provinces shall be formed, whose superficies shall be six thousand square leagues. Government will colonize agreeably to the €ict of the 18th August, 1824. When Towns are formed, lioio regulated, &c. By Art. 15, of the Law of the Republic of Mexico of the 4th Jan- uary, 1823, as soon as a sufficient number of families may be united to form one or more towns, the local government shall be regulated, and the constitutional Ayuntamientos, and other local establishments, formed in conformity with the laws. Art. 40, of the Law of Coahuila and Te.':'*^; passed 24tli March, 1625. As soon as forty families are united in one place, they shall proceed to the formal es- tablishmont of the new towns, and all of them shall take an oath to support the general and state constitutions, which oath shall be administered by the Commissioner: they shall th^, in his presence, proceed to the election of their municipal authority. When to elect an Ayuntamiento. By Art. 41, of the Law of Coahuila and Texas, of the 24th March, 1825, a new town, whose inhabitants shall not be less than t-.vo hundred, shall elect an Ayuntamiento, provided there is not another one established within eight leagues, in which case, it shall be added to it. By Art. 42, foreigners are eligible, subject to the provisions which the constitution of the state prescribes, to elect the members of their munici- pal authorities, and to be elected to the same. Municipal o^ces, how filed, &c. By a law .promulga- ted in March, 1834, from the Constitutional Congress of Coahuila and Texas, for the better regulating of municipal authority, it is decreed as follows: Art. 1. Those Ayuntamientos of the towns that of themselves, or with a population that does not exceed uve thousand souls, shall consist of one Alcalde, who shall be President, two Corregidors and one Procurador. Those towns that possess the aforesaid number, let the popula- tion be what it may, shall have two Corregidors more, ob- • serving for their election and renewal the provisions of the constitution, and the regulations for the economical political government of the towns. n2 150 HISTORY OF TEXAS. Art. 2. In those towns where, agreeably to the consti- tution and laws, there is an Ayuntamicnto established, although the number of inhabitants does not extend to a thousand souls, and in those towns that have from that number up to five thousand souls, there shall be 5 Judge of the first instance; and in those towns that have a popu- lation of from five thousand to ten thousand souls, there shall be two Judges appointed: and in the other towns, let the population extend to what it may over and above the ten thousand, there shall be three Judges. Art. 3. The obligations of these Judges of the first in- stance, shall be the same required by the law regulating justices, and the otherJaws that are in concordance with it, which were committed to the Alcaldes: the same for the verbal demands, as for written obligations or business. And they will receive in civil cases alone t]\p fees that are established by law. Art. 4. These officers will use for distinction of their office, a cane with a black cord or rib- and with black knots ; and when they visit acts of solemn- ity, they will join with the Ayuntamientos, after the Al- jcaldes — observing for their nomination the provision of the following articles. Art. 5. The second Sunday in October, the Ayuntami- entos being met, they shall proceed to form a list of four individuals for each Justice's court, that may be establish- ed in their towns, agreeable to the regulations in the sec- ond article of this law, which shall be by mail remitted immediately to the Political chief of the department. Art. 6. The Political chief of the department can change the order of the individuals contained in the list, and it will be understood that the first person named by the Po- litical chief, out of those on the list, is for the time being primary Judge. Art. 7. The Chief of department will send to the re- spective Ayuntamientos the list that they may have form- ed, authorised under their signature, and a copy of which will immediately be set up on the door of the office of the Ayuntamicnto, which will be officially signed by the Al- calde ; and the original signed by the Corregidors, will re- /nain in the Archives of the Ayuntamicnto, MEXICAN COLONIZATION LAWS 151 Art. 8. The President of the Ayuntamiento will official- ly communicate the appointment, to the individuals ap- pointed, for the purpose that they present themselves, on the first day of January, of the ensuing year, to take pos- session of their destine, and take the necessary oaths re- quired, agreeable to the article 220 of the Constitution, which cannot be dispensed with. Art. 9. Those appointed will be renewed each year; and those of one year are eligible for the next year, but cannot be compelled to serve without having two years respite, as in that and the other offices of responsibility. Art. 10. In case of the death of any of those judges or a legal embarrassment, or from any other cause the office becoming vacant, the next on the list out of the first three appointed, shall officiate, and'fill the places agreeable to the notice given by the President of the Ayuntamiento. Art. 11. Those Judges cannot separate themselves from their obligations, on account of particular business, in the discharge of their duties; nor for the same reason, can they leave the town in which they reside, without leave from the Chief of department; who can grant leave of ab- sence, agreeable to the term of time asked for by the in- terested person, provided it does not exceed three months in the term of one year. The political chiefs, are first one for the department of Bexar, and one for the department of Brazos, with one for the department of Nacogdoches. They are nominated by the respective Ayuntamientos of the departments, and the list sent to the assembled Congress of the state; and if agreed upon, the appointments are confirmed by the Gov- ernor's signature. The salary of the Chiefs respectively, is eight hundred dollars annually. Each department sends delegates, or representatives to Congress, according to their population ; elected as the members of the Ayunta- miento by the people once a year. Preference to Colonists who first arrive. By Art. 17, of the Law of the 4th January, 1823, of the Mexican Re- public, as a general rule, colonists who arrive first shall have the preference; but by Art. 18, of the same act, Mex- icans shall have the preference to the distribution of land, 152 HISTORY OF TEXAS. and particularly the military of the three guarantees, in con- furmity with the decree of the 27th March, 1821 — and also those who served in the first epoch of the insurrection. By Art. 9, of the act of the Mexican Congress of the 18th August, 1821, Mexican citizens have a preference in the distribution of land; but no distinction shall be made among them, except that which is founded on individual merit, or services rendered the country; or under equal circum- stances, a residence in the place, where the lands to be distributed are situated. Military. By Art. 10, of the Mexican Congress of the 18th August, 1824, the military, who in virtue of the offer made on the 27th March, 1821, have a right to lands, shall be attended to by the states, in conformity with the diplomas which are issued to that effect by the supreme executive power. And Art. 10, of the Law of Coahuila and Texas, gives pre- ference to Military and Mexicans. Date of concession determines the right to Property. By Art. 22, of the Law of the 4th January, 1823, of the Mexican Congress, the date of the concession furnishes and constitutes an inviolable law for the right of property, and the legal ownership. Should any one through error, or by subsequent concession, occupy land belonging to an- other, he shall have no right to it, further than a preference in case of sale, at the current price. But by Art. 21, of the Law of Coahuila and Texas, of the 24th March, 1825, if by error of concession, any land shall be granted, be- longing to another, on proof being made of that fact, an equal quantity shall be ^ granted elsewhere, to the person who may thus have obtained it through error; and he shall be indemnified by the ov^^ner of such land, for any improve- ments he may have made: the jast value of such improve- ments to be ascertained by appraisers. Cultivation. By Art. 23, of the law of the Mexican Republic of the 4th January, 1823, if after two years from the date of concession, the colonist should not have culti- vated his lands, the right of property shall be considered as renounced: in which case the respective Ayuntamiento can gra»3t it to another. MEXICAN COLONIZATION LAWS. 163 By Art. 24, of the Law of Coahuila and Texas, of the 24th March, 1825, lands sold to Mexicans must be culti- vated in six years under the penalty of losing them. And by Art. 26, of the same act, the new settlers, who, within six j^ears from the date of the concession, have not culti- vated or occupied the lands granted them, according to their quality, shall be considered to have renounced them; and the respective political authorities shall proceed to take possession of them, and recall the titles. Same manner, for nonpayment of the instalments; or being at any one time, nine months absent from the government, during the six first years from date of concession. Citizenship and Naturalization. By Art. 27, of the Law of the Mexican Republic, of the 4th January, 1823, all foreigners, who come to establish themselves within the empire, shall be considered as naturalized, should they exercise any useful profession or industry, by which at the end of three years, they have a capital to support them- selves with decency^ and are marned. Those with the foregoing qualifications, marrying Mexicans, will acquire particular merit for the obtaining letters of citizenship. Art. 28. Congress will grant letters of citizenship to those who may solicit them in conformity with the Consti- tion of the empire. Art. 31. Foreigners who established themselves under a former government, are entitled to the same privilege, and will remain on their lands ; being governed by the ten- ox of this law in the distribution of lands. And by Art. 21, of the law of Coahuila and Texas, having ob- tained land and established themselves, they are from that moment, considered in the country as eligible to vote and fill offices. Contracts with settlers guaranteed. By Art. 14, of the Law of the Republic of Mexico, of the 18th August, 1824, contracts which the Empresarios make with the families which they bring at their own expense, this law guar- antees. And Art. 9, of the Law of Coahuila and Texas, of the 24th March, 1825, guarantees all contracts made by contractors, undertakers, or empresarios, with fam- ilies, or settlers, brought at their own expense or 154 HISTORY OF TEXAS. otherwise, so far as they are conformable with its provi- sions. Alienation of Lands. By Art. 20, of the Law of the 4th January, 1823, of the Mexican Republic, every indi- vidual shall be free to leave the empire, and can alienate the lands over which he may have acquired the right of property, agreeably to the tenor of the law of the 4th Jan- uary, 1823; and he can likewise take away from the coun- try all his property by paying the duties established by law. By Art. 27, of the Law of Coahuila and Texas, passed 24th March, 1825, the contractors and military, heretofore spoken of, and those v/ho by purchase have acquired lands, can alienate them at any time ; but the successor is obliged to cultivate them, in the same time that the original pro- prietor was bound to do. And the other settlers can alienate theirs when they have totally cultivated them, but not before. By Art. 28, of the same law, by testamentary will, in con formity with the existing laws, or those which may govern in future, any new colonist, from the day of his settlement, may dispose of his land, although he may not have culti- vated it, and if he dies intestate, his property shall be in- herited by the person or- persons entitled by the laws to it; the heirs being subject to the same obligations and condi- tions imposed on the original grantee. And by Art. 30, of the same law, the new settler who, wishing to establish himself in a foreign country, resolves to leave the territory of the state, can do so freely, with all Ids pro- perty; but after leaving the state, he shall not any longer hold his land: and if he had not previously sold it, or the sale should not be in conformity with the 27th Article, it shall become entirely vacant. Lands shall not pass into Mortmain. By Art. 29, of the act of Coahuila and Texas, of the 24th March, 1824, lands acquired by virtue of this law, shall not by any title what- ever, pass into mortmain. And by Art. 13, of the act of the Mexican Republic, of the 18th August, 1824, the new colonists shall not transfer their property in mortmain. Articles not Dutiable. By Art. 26, of the Mexican Re- public of the 4th January, 1824, all the instruments of MEXICAN COLONIZATION LAWS. 155 husbandry, machinery, and other utensils that are intro- duced by the colonists for their use, at the time of their coming to the empire, shall he free, as also the merchan- dize introduced by each family, to the am.ount of 2,000 dollars. And by Art. 12, of the Law of the Mexican Republic, of the 6th April, 1830, for and during the term of six years, the coasting trade shall be free to foreign vessels for trans- portation of produce of the colonists, to the ports of Mata- raorcg, Tampico, and Vera Cruz. By the same act, Art. 13, for and during the term of four years the introduction enframe houses, lumber, &.c., and of every kind of provi- sions, shall be admitted into the ports of Galveston and Matagorda, free of duty. No Slavery. By Art. 30, of the Law of the Mexican Government, of the 4th January, 1623, after the publica tion of said law, there can be no sale or purchase of slaves, which may be introduced into the empire ; and the children of slaves, born in the Republic, shall he free at the age of fourteen years. By the Laws of Coahuila and Texas, passed 24th March, 1824, Art. 46, new settlers, as regards the introduction of slaves, shall subject themselves to the existing laws, and those vrhich may hereafter be established ; at the risk of all rights and privileges, which they may possess, as citizens, under that constitution, and those laws, v.hich govern the Mexican Republic. And by a Law of the Congress of Coahuila and Texas, passed 23d March, 1831, there shall be formed in each town a Register of the slaves, with a statement of their ages, names, and sexes. Art. 2. A Register shall be kept of the birth of children of slave parents, since the publication of the constitution, giving an account thereof to the government every three months ; and in like manner an account of the death of slaves. Art. 4. Importers of slaves, after the time mentioned iu the 13th Article of the constitution — which see (11th Sep- tember, 1827,) will be subject to the penalties established by the General Law of the 13th July, 1824. mimimsin> 156 HISTORY OF TEXAS. Art. 5. Slaves are free at the death of their owner, who has no Imeal heirs, (except owners are poisoned or assas- sinated by one of the slaves.) And in case of descent by lineal heirs, one-tenth are free — to be determined by lot. By Art. 9, the free children of slaves shall receive a good education, and be bound out to trades by the Ayun- tamiento. And by Art. 10, a fine of 500 dollars is imposed on the Ayuntamiento, who neglects to see the law en- forced. By Art. 10, of the General Law of the Mexican Re- public, of the 6th April, 1830, no change can be made with respect to the colonies already established, nor slaves they already contain; but the prevention of the further admis- sion of slaves shall be exacted under the strictest responsi' bilities. These responsibilities shall be acted upon by the government authorities, whenever it can be proved, that the bondsman has been involuntarily inveigled into servi- tude. And if he was formerly a slave, his present master must be able to produce written testimony, from under the hands of an authorized notary public, that his servant had been duly manumitted ; and that, before he entered into his indentureship — if he could neither read nor write — the case had been clearly, audibly, and three times delib- erately explained to him, before two disinterested wit- nesses, whose names are placed on the covenantal docu- ment, along ^^ith the voluntary mark made by B.free man, and not by a slave ! Settlers not to hold more than eleven leagues. By Art. 12, of the Law of the Mexican Republic, of the 18th Au- gust, 1824, 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. Indians. By Art. 19, of the Law of Coahuila and Tex- as, of the 24th March, 1825, Indians of all nations, border- ing on the state, as well as wandering tribes within its limits, shall be received in the market, without paying any duties on the products of the country. And if they de- MEXICAN COLONIZATION LAWS. 157 clare in favor of our religion and institutions, they shall be entitled to the same quantity of land, as spoken of in the 14th and 15th Articles — pregnated earth, as will produce by filtration, the one half of its own weight in pure salt! But at this time (a sin- gular circumstance) every one of those places which con- tained this precious deposit, were in possession of the hostile Indians, — Cranquhuas, Tonquewas, Wacos, Caddos, &c. &>c. Even those beautiful salt lakes, sixty miles west by 177 178 HISTORY OF TEXAS. north of San Patrichia, (river Nueces) where the salt crys- lalizes in the bottom of those shallow waters, in pure transparent stratas of from four to six inches thick, and affording large quantities to be annually taken away with- out producing any scarcity, were in the hands of these truly exasperated and ferocious foes! But where were all those flocks of deer, buffalo, and bear, which at that time so plentifully abounded in the country? Either destroyed by so many depredating upon them for a living, or driven by a continual pursuit to the upper parts of the province, where it was as much as a man's life was worth to follow them! For similar reasons, about seven years ago in the northwest settlement (espe- cially in the settling of De Witt's colony,) some families were very glad to receive from the lower sections of the country a little corn for bread, at the exorbitant rate of ■Hve dollars per bushel. But mark the change, it has been frequently had these four years past, in the same colony, at twenty-five cents per bushel! Again, while smoke-dried horse flesh was in such repute among the whites, where were the poor blacks, in these days of privation and suffering? They were ranging and ransacking every creek and pond, for fish, frogs, and even alligators. Yea, Colonel Groce of the Brazos lost many a good negro, who might have been living yet, had they always been successful in their alligator hunts. But, equal to the change in bread stuffs, has been (long ago) that of meat; beef and pork bringing not more in the home mar- ket, than from two to three cents per pound, CHARACTER OF EMIGRANTS. Now while the physical condition of the people is thus improving, they are at the same time establishing for them- selves a moral character; which may at this time bid de- fiance (^and that too with confidence,) to any state or pro- vince, within the boundaries of either republic, to produce a less number of state crimes, to the same number of in- habitants ; reckoning from the time the first American set- tled in Texas, up to the present day. True indeed, while many a poor man with a young and INNOVATORS. I79 numerous tamily, looked to the large grants of land given in the country, as a security against future want and de- pendency, many an unfortunate debtor looked to it also as a land of refuge from his importunate creditors, until he could by the foundation he would receive in land, be en- abled to pay at least the principal, if not the interest. We must also acknowledge, at the same time that not a few single men had an eye to the inducements held forth by the government for tiieir benefit. There were several of the lazy and careless, who had their indolent eye turned upon it also, as a country wherein they could live easy; and where they could always -command hospitality, with no little respect from families, if not for their industry, at least for their company in solitariness, and their assist- ance in time of danger. Moreover as it lay on the confines of, as it were, two governments, and that to which it belonged being as it still is in its jurisprudential system very defective; there- fore did they who had inadvertently or otherwise, become obnoxious to the laws of their own country, find it in no little degree adapted for their better security: but who, in accordance with the opinion expressed in the Programme of this work, as soon as they were rid (whether justifia- bly or not) of those ti-ammels with which they had been surrounded, let their better judgements reign; and are, as to their present moral conduct, generally speaking, what would be termed good citizens, in any state or territory be- tween the Mississippi and the Rio Grande. INNOVATORS. In addition to these four characters, actuated by as ma- ny motives, to become subjects of the Mexican confedera- tion, there has been a fifth, as odd in their principle as in their number, selfishly interested and meanly deceitful; who, as the saying is, without rhyme or reason, want to receive the property of one government, while they were determined if possible, pugnis et caldhus, to belong to another. At the same time unable to bring forth one idea border- ing upon moral honesty, or even political expediency for 180 HISTORY OF TEXAS. their Utopian views ever to be carried into effect; either by the agency of amicable negotiation, or unfriendly rela- tions between the two governments, which have so lately been cemented together in the bonds of national recipro- city. What inducement, in the name of common sense, (put- ting common law aside,) is there for the United Slates to perplex herself about the province of Texas 1 Is it because her own citizens are, or likely soon to be, too confined within their present limits? Or is it, because the arable lands of her extensive territories, are to the amount of one sixth part under cultivation ? Or, that any thing can be produced in Texas, which will not be found in some part of the southern union? Or, that there is with the exception of Galveston Bay, a single harbor to be coveted by her na- vy? Or is it, because the sale of those waste lands and public woods, still undeededy would justify the purchase? Or is it, because the inhabitants, no%v voluntarily (to say nothing further) the adopted citizens of Mexico, have a claim on that Government which they abandoned? Or, that the constitution of the northern republic, can ever justify an aggressive war? Or, that the members of its Legislation will ever have a majority, in favor of such an acquisition to the southern interest? Or if they did, that the repub- lican part of the Mexican government, will majorically agree to such a proposition? But again, if the inhabitants of the province, without the sanction of their federal constitution, were to find a sufficiency of individual volunteers, to assist them in any unlawful undertaking, how are they to be paid ? For paid they must be ! no matter how sweetly they may at the com- mencement blow the trumpet of patriotism; remember the notes are different in one's own country, and even some- what difierent under any constitution; but at the end of the struggle, (at least of their exertions,) if disappointed of a remuneration from their past enemies, their quon- dam friends will hear the clarion of plunder (as the patri- otic San Antonians did, in 1812 after the defeat of Tole- do,) sound throughout their devoted land! So that th® de- luded inhabitants, in they- poverty, and their cause in dis- 1 INNOVATORS. 181 grace, would sink into dishonor under the execrations of their former wellwishers, and become the justifiable scorn of their opposers. ' There are, therefore, but two plausible arguments which can be brought forward by such unprincipled speculators, in order to justify their schemes of aggrandizement, at the expense of their present benefactors: (Keep in mind, the Republicans of Mexico, not the unlav/ful usurpers of that government.) The Jirst which may happen, though it is not very likely, is in finding out that the true line of de- markation, between the tiDO governments, can be laid with any degree of right, west of the present supposed and ac- knowledged boundary. And the second which may take place, with a greater degree of certainty, is, in the Mexi- can Government, being tempted by the waywardness of their American Texasians, to dispose of the province, ra- ther than be at the trouble of controling them. But to whom would they offer it? to the Republican government of the north ? No indeed ! not in that case, but to the Gov- ernment of England, who have for just such a purpose stu- died to keep a pecuniary claim hanging over the Mexi- cans, which their own folly has as yet disenabled them from liquidating. So that it may. be the means, (which may hea- ven avert) of much war and bloodshed in this our peace- ful land; as the American Government would not only be bound by the demands of future tranquility, but by that of self-preservation to interfere, and that too with energy and effect, in order to avoid being as it were surrounded, and hemmed in by that ambitious, over-reaching, and ava- ricious nation! The pretensions of this fifth class of Texasians, have of late years been very much supported, by those uncon- scionable land speculators, who have wormed themselves into the country and its citizens' property, contrary to the expressed laws of the Mexican confederation. Therefore do they dread, and that with propriety too, the ordeal of Governmental inspection. One hundred per-cent has teen added to the strength of this party, since 1832, by the unjustifiable slave holders, who have had two vessel loads of negroes distributed among them, by the Africaff Q 182 HISTORY OF TEXAS. kidnappers ; while they well knew, that their former acta in that branch of business would not stand the test of their government's scrutiny — far less that, which had been transacted contrary Jo the combined laws of every Chris- tian nation ! The reader will perceive by the explanations given, that the actual property holders in Texas are divided into two classes, or parties; the Federal state right party, and the Independent state party, as the United States Unionists see the necessity of joining this last party, not only by their first expectations in entering the country being so hopelessly deferred, but that they may at least, in some small degree, by such a measure be realized. These two grand parties are strenuously upheld againsi the Government of their country, (no matter what that government may be, whether constitutional or anticonsti- tutional, so it deny the privilege of a separation from Coahuila,) by the ambitious office seekers, who micst re- ceive from the industry of the people that support which they stand, so much in need of, to maintain their pride and ostentatious display; which, without a state government of some kind, would inevitably as common citizens, bring them with all their warlike bravery p^nd rhapsodical elo- quence as far below the standard of industrious farmers and mechanics, as they would wish to be considered above them in the scale of society. Again, the people of Texas as an unsettled body, are supported by the unprincipled merchants both in and out of their country, who have been receiving for years duty Jree, or at the worst nearly so, one hundred per-cent above their prices on the same kind of goods sold in Matamoros, where all importing charges Jiad to be paid, and where they had made their profit calculations accordingly. There- fore, they are willing and (well may they be so,) to back any measure or set of measures, that may in the least de- gree be calculated to continue their fleecing and unhal- lowed Texian traffic! Now this Independent party, or those who wish themselves free from all responsibility to any Government, except their own, naturally through the uncontrolable force of circumstances fall into the views POLITICAL EVENTS. 183 of the Constitutional state party- persuading themselves, that if that can be obtained, they will not only be enabled to build up and erect a sufficient screen of darkness be- tween them and their own Federal government, but in a great measure avoid coming in contact with that Govern- ment and its citizens to which so many of the Texasians are indebted. These many factions through well timed policy are thus amalgamated into one party; as the few dissenters who either live in or out of the country, neither add to nor impair the present dignity of that resistance made, nor the justice or injustice of those rights required by its influential inhabitants; who are enabled to have their op- posing strength strengthened, by enlisting the idle and the vicious, whose minds are as troubled as the w^aters they love to fish in, no matter who sinks or who swims, so that they wallow in the midst of that redundancy which, nolens volens, must be found in every political agitation. POLITICAL EVENTS. As a proper understanding of past occurrences will enable us with more certainty to judge of the result of passing events, I shall fall back, if not exactly to the time when the Texian Independents, already described, first committed themselves, yet to that period when the Con- stitutional party, always the most numerous of the two, brought the affairs of Texas, in and through those propi- tious circumstances of 1832, which transpired so oppor- tunely in the interior of the republic, to a favorable issue. On the 16tli of July 1832, ColonelJose Antonio Mexia, second officer of the second division of the liberating army (as it was then called) of General Montezuma, anchored off the mouth of the Brazos, with his fleet and forces, com- posed of five sail and 400 men. Colonel Mexia sailed from Tampico to attack the ministerial forces, at that time in possession of Matamoros, by the intercepted correspon- dence from Fort Velasco at the mouth of the Brazor, and other places of Texas, about the movements there — v/hich were attributed by the military commandants of these parts, to have for their object the separation of Texas from Mexico ! 184 HISTORY OF TEXAS. He had agreed to a cessation of. arms with Colonel Guerra, of the ministerial forces, [which speaks vohimes in the cause of Mexican national integrity,] and sailed from the Braso Santiago for Texas. Immediately on his arrival Colonel Mexia addressed an official letter to the second Alcalde of the second department of Austin's Col^ ony (at that time in Brazoria,) which was worded as follows : " Sir, I have the honor to inclose you a copy of the convention entered into by the Commandant-in-Chief of Matamoros, and myself, on the sixth of the present month. The Document will inform you of the motives which brought me to Texas ; and what would have been my course, had the late movements here been directed against the integrity of the national territory — God and Liberty. "Mouth of the Brazos river, on board the brig of war General Santa Anna." In the answer returned by the Alcalde, the succeeding expressions were couched. "The enemies of Texas — the enemies of the enterpri sing men who have devoted their time and labor to improve a country that was never before trod by civilized man — have taken pains, and are continually doing so, to attribute to us a disposition to separate from the Mexican confederation, We are Mexicans by adoption, we are the same in heart — and ivill so remain. If the laws have granted to us the honorable title of Citizens, we ^vish that title should be respected, and that the authorities established by the constitution of the State should govern us! "We are farmers and not soldiers — therefore desire that the military Commandants shall not interfere with us at all. Since 1830, we have been pretty much governed militarily, and in such a despotic manner, that we were finally driven to arms to resist within their limits, thq military subalterns of the general Government, " We have not insulted the flag of our adopted country, as had been surmised from our first movements ; but on the contrary, we have sustained its true dignity, and attacked those who have outraged it by using it as a pretext foy POLITICAL EVENTS. 185 their encroachments upon the Constitution and sovereignty of the state of Coahuila and Texas, and as a cover for their baseness and personal crimes. " The commandant of Fort Velasco, acted under the or- ders of the commandant of Anahuac, Colonel Juan Davis Bradburn, who was his superior. An investigation of the conduct of this officer at Anahuac, will inform you fully of the details of many despotic and arbitrary acts. He was sustained by the commandant of Nacogdoches, Col- onel Piedras, and by that of Fort Velasco, Lieutenant Colonel Ugartechia; and consequently we were compelled to oppose them all! " Therefore, we attacked Fort Velasco, on the 27th of last montli, with 112 farmers hastily collected, without discipline and badly armed; and after an obstinate and bloody engagement of eleven hours, it capitulated on the terms expressed in the enclosed copy of the capitulaticn; every article of which has been strictly complied with en our part, — besides furnishing him with the provisions he needed for his troops." So courageously did the Americans fight, and so hu- manely did they treat their prisoners afterwards, that the Mexican officer Dominic Ugartechia, expressed his aston- ishment, by saying (no doubt a little -through flattering policy,) ^That such people were unconquerable! as they would by their humanity gain as many hearts, as they could heads by their valor! And, that if he had a thou- sand of such men as had attacked him, properly disciplined, he could march even in a hostile manner to the city of Mexico ! !' By a deputation of Brazorian citizens. Colonel Mexia, in company with Colonel F. Austin, (the first founder of these Colonies) was conducted to Brazoria. 'On their arrival they were received by the committee of vigilance, and by two of the Turtle Bayou deputation, bearing in their hand those resolutions which had been adopted at the beginning of the contest in Anahuac' Which were presented to Colonel Mexia in the following dress. " The colonists of Texas have long since been convinced q2 186 HISTORY OF TEXAS. of the arbitrary and unconstitutional measures of the ad- ministration of Bustamente J as evinced- • 1st. By their repeated violations of the Constitution and Laws, and the total disregard to the civil and political rights of the people, 2d. By their fixing and establishing among us in the time of peace, military posts, the officers of which, totally disregarding the local civil authorities of the State, have committed various acts evincing opposition to the true in- terest of the people, in the enjoyment of civil liberty. 3d. By arresting the Commissioners, especially Juan Francisco Madero, who on the part of the State govern- ment, was to put the inhabitants east of the river Trinity, in possession of their lands, in conformity with the laws of Colonization. 4th. By the interposition of military force, preventing the Alcalde of the jurisdiction of Liberty, from the exer- cise of his constitutional functions. 5th. By appointing to the revenue department, men whose principles are avowedly inimical to the true interests of the people of Texas ; and that too, when their character for infamy had been repeatedly established. 6th. By the military commandant of Anahuac, advising and procuring servants (mark, not slaves) to quit the ser- vice of their masters, and offering them protection ; causing tbem to labor for his own benefit, and refusing to compen- sate for the same. 7th. By imprisonment of our citizens without lawful cause; and claiming the right of trying said citizens by a Military court, for offences of a character cognizable by the civil authority alone." In consideration of the above mentioned Grievances, a large meeting of the people was held near to Anahuac, where the following resolutions were drafted out by their leaders, and of course adopted. ^^ Resolved— That we view with feelings of the deepest regret, the manner in which the government of the Re- public of Mexico is administered by the present dynasty. The repeated violations of the Constitution; the total dis- regard cf the laws; the entire prostration of the civil POLITICAL EVENTS. 187 powers; are grievances of such a character, as to arouse the feelings of every freeman, and impel him to resis- tance ! Resolved — -That we view with feelings of the deepest interest, and solicitude, the firm and manly resistance which is made by those Patriots under the highly talented and distinguished chieftain Santa Anna, to the numerous encroachments and infractions which have been made, by the present Administration, upon the Laws and Constitu- tion of our beloved and adopted country. Resolved — That as freemen devoted to a correct in- terpretation and enforcement of the constitution and laws, according to their true spirit, we pledge our lives and for- tunes, in support of the same, and of those distinguished leaders who are now so gallantfy fighting in defence of civil Liberty. Resolved- — That all the people of Texas, be invited to co-operate with us, in support of the principles incorpora- ted in the foregoing resolutions." As soon as the business with Colonel Mexia was con- cluded, he was invited to a public dinner and ball given on the occasion, and at which the following toasts were drank and cheered with lively interest: 'The republic of Mexico, and the States of the North — They are the same in principle and object, and need only know each other, to be united in feelings, and warm friendship 1' 'Coahuila and Texas — They are dissimilar in soil, climate and productions; therefore they ought to be dis- solved !' There were many more political sentiments expressed, relative to the course of freedom and equality; but as they were either congratulatory, or of less moment in a politic- cal point of view, it may well be deemed unnecessary to rehearse them; as these alone will enable the reader to dravv^ the right kind of conclusion, on the public manifes- tations of feeling displayed by the Texasians, as soon as possible, after the necessary Mutatis mutandis has been made suitable to their ostensible purpose. And at that time, it was peculiarly necessary for them; as they had by one precipitate movement thrown their po- 188 HISTORY OF TEXAS. litical existence Ipso facto, upon the cast of a single die' For as soon as the people who were movb immediately under the iron grasp of oppression, made an open resist- ance, they were joined by the proud and uncontrollable spirits of the other districts; who were determined, let the consequences be as they might, to assist their brethren in arms on the present emergency ; considering their cause as the cause of the whole American community!! In order then to consolidate the exertions of the people, who had gone too far to recede, and make their exertions as efficient as possible, — did the Ayimtamiento of Austin call on all the subordinate officers of the Colonies, to con- vene and take the sentiments of the citizens officially and judiciously; sending them without delay to the Alcalde, that he might lay them' before the Political Chief from Bexar, — who was at that time sitting in San Felipe de Austin, on an investigation of those causes which had led to such agitating results; and who should as he had come for that special purpose, be made acquainted with the Ulti- matum of the Americans' determinations. From which it was soon known, however modified by localities, princi- ples, or circumstances, that oppressive measures by means of Military power, luould not be suffered to exist, where civil authority had been guaranteed by the Constitution and Laws, alone in peace to reign. Then did the Ayun- tamiento see meet to make an expose of the whole matter, from the beginning of the Ji?'st dispute, between the stat3 of Coahuila and Texas, and the general Government, up to the present day : showing the measures which had been pursued, in order to avoid the present difficulties; which difficulties had been accelerated by the uncompromising spirit of General Manuel Mier y Teran, the Commandant General of the eastern States; and which obstinacy on the part of government and its officers, had led to the present disagreeable posture of affairs ; which affiiirs had been car- ried on heretofore, without any regularly organized plan of physical resistance. ^But now,' said they, ^when public opinion becomes so manifest as to leave no doubt of the feelings and desires of the mass of tlie community^ it is the duty of the local I POLITICAL EVENTS. 189 Authorities, so to consult that opinion, as to prevent a dis- turbance of public tranquility — as they felt the peculiarly delicate situation of the settlers of these Colonies, owing to their being of foreign birth. 'It was well known that every species of calumny had been heaped upon them, by the enemies of Texas, and a republican and enlightened emigration; with a design of reviving among the Mexicans the old Spanish prejudices against persons born in another country. It was feared that these enemies would take advantage of any disturb- ance here to pervert the -truth, and attribute to them hos- tile views against the Mexican territory and federal Con^ stitution ! < This body was under the immediate eye and direction of the Political Chief of the Bexarian department, who was then in the town, and who was equally anxious to preserve the public tranquility; and who, we are assured, is as much opposed to military encroachments as any man in the community. 'Under past circumstances, this body used every effort to preserve good order, and keep the settlers from partici^ pating in the present war; and it is probable, that these efforts would have been successful, had not events been precipitated in the manner they had been, by the tyranni- cal and illegal acts of Col. Bradburn. 'But now, as public opinion has expressed itself in the most decided and unequivocal manner, in favor of thatpar» ty whose proclamations profess their intentions to be, the restoration of the Government to its true Constitutional basis, and to make it in practice, what it professes to be in theory, — a free Republican constitutional confedera- tion, of sovereign states! 'We therefore, the Ayuntamientos as a body, freely unite with the people, in the several jurisdictions of the Brazos Department, in the following resolutions. ' 1st. That we solemnly adhere to the principles of the republican party headed at present by General Antonio Lopez De Santa Anna. '2d. That the inhabitants of this Colony have no other object in view, than to contribute their feeble voice and 190 HISTORY OF TEXAS. aid in sustaining tlje Constitution and the true dignity and decorum of the National flag. '3d. That they tvill support the rights and privileges of the state of Coahuila and Texas, which have been in- sulted by military encroachments in these colonies since 1830; and that they will at all times be ready to take up arms, in defence of the independency and constitution of their adopted country, and the integrity of its territory! *4th. That the General and State constitutions ought to be religiously observed, as the only guarantee for public tranquility and national freedom. '5th. That a large standing army in time of peace with all nations, is a burden to the people, and consumes the re- venue of the nation, without any benefits; and is contin ually disturbing the public peace, by affording the means of committing and defending despotic acts ! and of produ- cing revolutions!! '6th. That the acts of the present Administration, have been directed to embarrass and retard, rather than to pro- mote and encourage emigration, to cultivate its uninhabi- ted and wild lands; to the evident injury of the national advancement and prosper] t}-. <7th. That a copy of this act shall be delivered to Col. Jose Antonio Mexia, with a request that he will transmit the same to his Excellency the Commander-in-Chief, Gen. Santa Anna, with the assurance of the respect and hearty co-operation of the inhabitants of this Colony, in the glo- rious work of political regeneration in which he is engaged! '8th. That a copy of this act be tendered to his Honor Ramon Musquez, Political Chief of all Texas, to be for- warded by him to the Adelantado, in order that his Excel- lency may be pleased to use his influence with the Legis- lature, — whom we respectfully petition to take under con- sidei-ation the principles of this act, and to adopt such mea- sures as in their judgements will tend to the security and protection of the State's sovereignty.' — 27th July, 1832. The citizens of Colonel Green De Witt's Colony having fulfilled the law, so as to be entitled to an Ayuntamiento of their own — had applied, and received from the Gov- ernment an order for that especial purpose : therefore, not 1>0LITICAL EVEJNTS. )91 being under the immediate influence of the Austinian court, Ramon Musquez, their Political Chief, called on them to be convened, in order to have their sentiments transmitted to him by the hands of their Commissario — *.For peradventure,' said he, 'they may assist in restoring order!' Having been thus called upon in the most criti- cal period of the Austinian contest with the soldiers of Government, they considered it as a duty incumbent on them to act with energy and promptitude, and to couch their official document in terms of sincerity and truth ; for as frontier Colonists of government, they had as yet nothing to complain of, except the wilhdrawing of those troops which had been among them for their protection. And, however they might feel interested in the cause wherein the Colonists of Austin had been engaged, they were careful in respect of committing themselves, as they were still depending on the friendship of Navarro their land Commissioner, and had never been officially called upon by either of the contending parties to espouse their cause; but, above all, they felt and knew by dear bought .experience, that they still stood upon debatable ground with the Indians! They thought it proper therefore, under the influence of these considerations, not only to transmit their documen- tary communication through the medium of a respectable committee, duly appointed by the suffrages of the people; but to present it in that dress and form, necessary from an inferior, in order that it should be favorably received by a Mexican Superior. As in England the wax seal is a mark of respect, so in Mexico the vacant left hand side of the sheet is a mark of dependency. Thus : To . His Excellency Ramon MrsatTEz, By the inhabitants of Green De Witt's colony in accordance to in- struction. Sire — As we -have never been officially informed, either by the pre- sent reigning GoveTnment; headed 192 HISTORY OF TEXAS. by the A^ice President Bustamente, or by their opponents, headed by Gen. Santa Anna, of the nature of these differences which exist between them ; and as Citizens of a pohty amenable only to our Federal head^ we are as yet perfectly satisfied with measures heretofore pursued by that head in relation to us ; and, were it otherwise, we feel our insufficiency to step between them and their ex^ planations of the Constitution and laws of our adopted country ! More- over, having never had laid before us in a tangible shape, the difficul- ties existing between the Colonists of Austin and the Commandants of the Forts Anahuac and Velasco : we are therefore, at this time, equally unable to decide as to the merits or demerits of either of the contending belligerents ! Therefore, to you. Sir, as our or- gan of Governmental correspond- ence, we would have it made fnlli/ known, and by them perfectly un- derstood, that we, the colonists of Colonel Green De Witt, are by our present unprotected situation, liable to be cut off by the savage foe ! consequently, unable to render any physical assistance, if so required, to our brethren of Mexico, of Vera Cruz, or of Texas. Humbly trusting, that our preca- rious condition will be a sufficient excuse for our neutrality — not only to you. Sir, who know our state ex- perimentally, and who have more than once expressed a fatherly solici- tude for our preservation — but to that Government you represent, on whose paternal care and munificent generosity we implicitly rely !! Signed, sealed and attested in pro- per form, &c. On the proceedings of Austin's Colonists, having been made known at Nacogdoches, the people of the District expressed their approbation, by joining heartily in the POLITICAL EVENTS. 193 Vera Cruzian plan of liberty and justice; so much so, that when Colonel Piedras, Commandant of Fort Nacogdoches*, had been checked in his desire of assisting Bradburn, and had refused at Colonel Mexia's request to join the libe- rating army, they arose, en masse, to dislodge him from his position, or bring him and his men over to that cause^ which their brother Americans had adopted, and to which they also were determined to belong. Not that Colonel Piedras had ever been their enemy or oppressor: by no means, for he had at all times been the Americans' firm friend and generous benefactor. Al- though he had such claims on their sympathetic feelings, — and although the citizens of Nacogdoches would, in their pecuniary affairs suffer severely by losing the emoluments derived from that specie payment, given for those neces- saries the troops required — yet the spirit of cJiivalry was afloat, and resistance of quantum sitfficit was not enough ! As it was generally supposed by the Nacogdochesians, that Piedras would try to induce the Cherokees and Shaw- nees, at that time in the neighborhood, to assist him against the Americans, they therefore requested of the Indians to remain neutral, which they did, although the, Shawnees were still in a state of exasperation against the Mexican Waehinangoes ; having as they supposed, in the summer of 1832, been scurvily treated by the sol- diers of Bexar, making a feint in favor of the Comanches, when the Shawnees had attacked one of their encampments in the vicinity of that place, — and would (had the Mexi- cans staid at home,) have carried off a hundred horses, af- ter killing 114 of their Comanche enemies, with a loss only of 7 men out of the 28 Shawnees who had been so daring and fearless as to throw themselves at the break of day into the midst of 300 warriors I The Mexican and American contest was long and se- vere, as the former fired from behind their quartel, and the latter from under the cover of their houses. And al- though there was a continual skirmish kept up from early noon to dark, by upwards of 300 men on each side, yet by their being so protected, there were only 3 Americans E 194 HISTORY OF TEXAS. killed and seven wounded ; and of the Mexicans 18 killed and 22 wounded. The Mexican troops evacuated their fort during the night, and retreated towards the interior; but they were met in the morning of the ensuing day by a party of 18 horsemen, who shot the leader of their advance guard, as he was in the act of crossing the Laco, and drove his men back upon the mam body, who were advancing through the adjoining swamp. They were ordered to surrender immediately! as the woods were filled with armed men. The information had the effect desired; but not until the only remaining lieutenant of the Mexicans had walked up with his sword by his side, and a loaded pistol in each hand to his colonel, threatening him with instant death! Mf their lives should any more be so wantonly exposed by his orders.' He yielded his sword with regret, and his men returned prisoners to their plundered Quartel in Nacogdo- ches, where the victors sat down to a sumptuous dinner, prepared out of their former benefactor's bountifully suppli- ed larder, and where Col. Piedras sat a corner supplicant, until a private citizen took pity on him, for which he re- turned him his grateful thanks, and on the empty plate a Mexican dollar! It being a prevalent opinion among the American colonists, that the Mexicans of Bexar would not give up, without a physical struggle, the volunteers began to gather from all parts of the province, to Gonzales, in order not only to bring the Bexarians, the Galiodians, and the De Leonites, but the oppidans of every other town in the State, into subjection, or into the measures of the Ve- ra Cruzian liberalists. At this particular crisis of assumptive power, the Gon- zalesians received an express from Leona Vicario, inform- ing them that their Adelantado had declared for the Consti- tution and the patriotic cause. At the same time a special messenger from San Antonio de Bexar, stated, that they had agreed also to this work of political reformation. Upon hearing such agreeable news, the volunteers re- turned to their respective homes, as the Bexarian de- claration embraced all the other Spanish settlers in the department; for they always look to the citizens' move- POLITICAL EVENTS. 195 ments of that place, for their criterion of political expe- diency ! Thus ended the warlike commotions of these Colonies on the 2d September, 1832, just as the inhabitants were informed that their (at that time) greatest arch enemy General Teran and his troops, on their way to Mexico from Matamoros, had been surrounded by the liberal forces of General Montezuma, and that too on the identical plain where the injudicious Iturbide lost his life! Teran, hav- ing determined within himself neither to unite with the Liberals, nor to submit to them as a prisoner, retired to a private place, and fell on his own sword! appearing to those who found him, while still alive, as inexorable in the agonies of death, as he was uncompromising in political life!! Now at the conclusion of this rather premature affair, the Texasians had to congratulate themselves, that by their movements throughout, they had displayed to the world an energy in action and a promptness in coalition, which did them honor; and showed that the determinations of the ma- ny were completely matured on the principles of loyalty to their adopted country; and that their utmost wish and earnest desires were, that those persons should always reign and govern, who are actually directed by the Con- stitution and laws of their Federal Union. And that they thoroughly believed in every genuinely impressed republi- can, sacrificing upon the altar of his country every thing extraneous to the real honor and true glory of that coun- try! studying to convince one another, more by the force of mental reasoning than by any thing in the shape of phy- sical power, that it is only by unanimity of sentiment and consistency of action, that there can be national wealth, individual prosperity, and republican safety!! Such motives as these, governing the mass, would finally triumph. But alas! there has been — now is — and I fear will be, such men in Texas as are governed by very im- proper motives, and who have, by their headlong conduct, brought on serious consequences, besides prejudicing the minds of many a Mexican, which time and the best of con^ duct can hardly eradicate. If it were only the insignifi- cantly ignorant who were thus impressed, the matter would 190 HISTORY OF TEXAS. be light; but there are knowing, and influential characters too, who look on the inhabitants of Texas as being so much under the control of these individuals, that nothing can debar them from fulfilling Esop's fable of * the frozen viper and the good natured country man!' believing that the ex- perience their nation received from the American Freedo- nians of Nacogdoches, in 1827, and by that knowledge which they possess (however it was glossed over,) of the motives whereby the people were at ^rsi actuated, when they commenced the past political commotions in these colonies, that the American citizens thereof only wanted the ingredient strength to declare themselves independent of the Mexican confederation; or, at least, to make their country a troublesome and unprofitable appendage ! SECESSIONAL CONSTITUTION. Form of the proposed Constitution of Texas, dratvn up by the Texas convention q/" 1833 and 1833. In the name of God, Omnipotent Author and Supreme Legislator of the Universe — We, the people of Texas, being capable of figuring as a state, (1) in the manner contemplated in the second article of the decree of the gen- eral Congress of the nation, of the 7th of May, 1824, — do ordain the following Constitution ; and do mutually agree with each other, to form ourselves into a full and independent state of the Mexican Confederacy, by the name of the ' State of Texas.' General Provisions. Art. 1. All power is inherent in the people, and dWfree governments are formed upon their authority, and established for their peace, safety, and happiness. For the advancement of those ends, they have an in- violable right to alter, reform, and abolish the government in such a manner, as they may think proper. Art. 2, Government being instituted, for the protection and common interest of all persons, the slavish doctrine of non-resistance against ar- rogant power and oppression, is discarded, as destructive to the happi- ness of mankind, and as insulting to the rights, and subversive to the wants of any people. Art. 3. All elections shall be free and equal. Art. 4. The right of trial by jury, and the privilege of the writ of habeas-corpus, shall be established by law, and shall remain inviolable. Art. 5. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures : and general warrants, whereby an officer may be commanded to search suspected places, without evidence of the facts committed, or to seize any person or persons not named, whose offences are not particularly described and SECESSIONAL CONSTITUTION. 197 SBpported by evidence — are dangerous to liberty, and shall not be al- lowed. Art. G. No citizen shall be taken or imprisoned, or dispossessed of his freeholds, liberties, or privileges — or exiled, or in any manner dis- trained — or deprived of his life, liberties or property — but by the law of the land. Art. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall be con- fronted by his accusers and the witnesses ; he shall have compulsory process for obtaining witnesses in his favor ; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the municipality or district, in which the crime shall have been com- mitted ; and shall not be compelled to give evidence against himself. Art. 8. No person, for the same ofTence shall be twice put in jeopardy of his life or limb. Art. 9. No retrospective law or laws impairing the obligations of con- tract shall be made. Art. 10. No conviction shall work corruption of blood, or forfeiture of estate. Art. 11. No person confined in jail shall be treated with unnecessary rigor. Art. 12. No person shall be compelled to answer any criminal charge but by presentment, indictment, or by a concurrent vote of both houses of the legislature, as provided by this constitution. Art. 13. All persons shall be bailable by sufHcient sureties, unless for capital crimes, without the proof is evident, or the presuCiption strong; and the privilege of the writ of habeas-corpus, shall not be suspended, except in cases of rebellion or invasion the public safety may re- quire it. Art. 14. Excessive bail shall not be required, nor excessive fines in> posed, nor cruel or unusual punishments inflicted. All courts shall be open, and every man, for an injury done him in his land, goods, or reputation, shall have remedy by due course of law; and rights and justice administered, without sale, denial, or delay. Art. 15. The person of a debtor, when there are not strong presump- tions of fraud, shall not be continued in prison, after delivering up his estate to the benefit of his creditors ; in such a manner as shall be pre- scribed by law. Art. 16. The fi-ee communication of thoughts and opinions, is one of the inviolable rights of men ; and every man may fully speak, write, print, and publish, on any subject ; being responsible for the abuse of that liberty. But, in prosecutions for the publication of papers — in investigating the official accounts of men in public capacity, the truth thereof may be given in evidence — as well as in personal actions of slan- der ; and in all indictments for libels, the jury shall have a right to de- termine the law and the facts, under the direction of the court, as in other cases. Art. 17. No man's particular services shall be demanded, nor property taken and applied to public use, without the consent of himself or his r2 198 HISTORY OF TEXAS. representatives, or without just compensaiion being made therefor, ac- coiding to law. Art. 18. The people have a right to assemble in a public name, for the common good — to instruct their representatives, and to apply to those invested with the power of governiiicnt, for the redress of grievr ances, and for other purposes, by address or remonstrances. Art. 19. Perpetuities and monopolies are contrary to the genius of a free government, and shall not be allowed. Art. 20. The sure and certain defence of a free people, is a well regulated miUtia; and it shall be the duty of the Legislature to enact such laws as may be necessary to the aggrandizement of the militia of this state. Art. 21. No soldier shall in time of peace be quartered in the house or within the enclosure of any individual, without the consent of the owner ; nor in time of war, but in manner prescribed by law. Art. 22. All persons residing in Texas, at the center of this constitu- tion — except bond servants, and other yjersons not liable to taxation, by virtue of the laws enacted under this constitution, shall be recognized as Citizens, and entitled to all the benefits of persons who emigrated to this country under the colonization law of 18'25 — and shall be ac- knowledged as entitled to all the rights and privileges of such emigrants. Art. 23. No property qualifications shall be required, to entitle a citizen to vote or value any oliice in the gift of the people of this state. Art. 24. All contracts or transfers of property, by will or otherwise, as well in relation to real, as personal estates, which have been made in Texas heretofore, or which hereafter may be made in good faith by the parties, shall not be void for any want of form, but shall be construed and confirmed according to the intentions of the parties. Art. 25. All elections in this stiirte, shall be by ballot, and the man- ner thereof shall be prescr bed by law. Art. 26. Treason against the State, shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No porson shall be convicted of treason, unless on the testimony of two witnesses to the overt act. Art. 27. The benefit of education and of useful knowledge, gene- rally diffused through a community, are essential to the preservation of a free government : the protection and advancement of these two great objects are given in solemn charge to the Legislature. It shall be the particular duty of the government to patronise and cherish the in- terest of literature, of science and the arts ; and as soon as practicable, to establish schools, where the poor shall be taught gratis. Ijegislative Department. Art. 1. The Legislative authority of this State shall be vested in a Legislature, which shall consist of a Senate and House of Representa- tives, both dependent on the people. Art. 2. The members of the Legislature shall be chosen by the quali- fied electors, and serve for the term of two years, from the day of com- mencement of the general election, and no longer. Art. 3. The Senators and Representative? shall be chosen every two years ; on the first Monday in August, and Uie day following. SECESSIONAL CONSTITUTION. 199 Art. 4. Within three years from the meeting of the first Legiskture, under this constitution, an enumeration of the population of this state, shall be made agreeable to the mode which shall be prescribed by the Legislature ; and the appointment and representation shall be regulated by law. Art. 5. The number of Senators shall, at the several periods of ma- king the enumeration before mentioned, be fixed by the Legislature, and apportioned among the several precincts, formed as hereinafter di- rected, according to the number of taxable inhabitants in each ; nor shall ever be less than one third, nor more than one half of the whole number of Representatives. Art. 6. Elections for Representatives for the several precincts entitled to representation, shall be held at the places of holding their respective courts, and at such other places as the Legislature may prescribe. Art. 7. The Senators shill be chosen by districts, to be formed by the Legislature, according to the number of taxable inhabitants in each ; provided no precinct shall be divided in forming a central district. Art. 8. For the first three years after the adoption of this constitu- tion, the Legislature shall meet annually, on the first Monday in No- vember ; and thereafter it shall meet biennially, on the same day — be held at the same place as the Ijcgislature shall prescribe. Art. 9. No person shall be eligible to a seat in the Senate, until he has arrived at the age of twenty -five years ; nor in the House of Rep- resentatives, until he has arrived at the age of twenty-one years. He shall be a citizen of the state, and shall have resided in the same twelve months, and six months within the precinct, or district, for which he is elect, immediately preceding his election. Art, 10. Every male inhalDitant of the age of twenty-one years, who shall be a citizen of the state, and have resided for the last six months immediately preceding the day of the election within the pre- cinct, or district, shall enjoy the right of an elector. Art. 11. The Senate at its meeting shall elect a President, pro tem. and the House of Representatives shall elect its Speaker. Each House shall elect its own officers — be judges of the qualifications of, and elec- tions of its members. Alt. 12. Efch House may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and with the concurrence of two-thitds expel a member, but not a second time for the same offence; and shall have all other powers necessary for the Legislature of the state. Art. 13. Senators and Representatives shall in all cases, except trea- son, felony, and breach of the peace, be privileged from arrest during the session of the Legislature, and going to and returning from the same. Art. 14. Each House may punish by imprisonment any person not a member, who shall be guilty of any disrespect to the House, by any disorderly or contentious behavior in their presence ; provided that such imprisonment shall not be for a longer time than thirty days. Art. 15. Bills may originate in either House, but may be altered, amended and rejected by the other. 200 HISTORY OF TEXAS. Art. 16. Every Bill shall be read on three different days, and signed by the President of the Senate and Speaker of the House of Repre- sentatives, befcre it becomes a law, except the public safety shall be in danger by delay. Art. 17. After a Bill has been rejected, no bill containing the same substance, shall be passed into a law during that session. Art. 18. The st>le of the laws of this state shall be — ' Be it enacted by the Senate and House of Representatives of the State of Texas.' Art. 19. Each House shall keep a journal of its proceedings, and publish them, except such parts as the welfare of the state may require to be kept secret : and the yeas and nays of the members in any ques- tion, shall, at the request of one-fourth of the members present, be en- tered on the journal. Art. 20. The Legislature shall have power to establish, from time to time, the salaries of all the officers of the state, and to regulate the compensation of its own members. Art. 21. The doors of each House, and Committee of the Whole, shall be kept open, unless the business before them requires secrecy. Art. 22. No money shall be drawn from the treasury, but in pursu- ance of appropriations made by law. Art. 23. No person who hath been, or hereafter may be, a collector or holder of public money, shall have a seat in either House of the Legislature of the State, until such person shall have accounted for, and paid into the treasury all sums for which he may be liable. Art. 24. No Judge of any Court of Law or Equity, Secretary of State, Attorney General, Register Clerk of any Court of Record, or person holding any office under the authority of the Mexican United States, shall have a seat in the Legislature of this State — hold more than one lucrative office at one and the same time ; provided that no appointment in the militia, or to the office of .Justice of the peace so long as no salary is attached thereto, shall be considered as a lucrative office. Art. 25. If any member of the legislature is appointed and elected to, and accept any other office than that of Justice of the Peace. Trustee of a literary society, or commission in the militia, such appointment and acceptance shall be a vacation of his seat in the Legislature : and no member thereof shall be eligible to hold any office created by the Legis- lature, during the term of his service as a member. Art. 26. Any member of either house of the Legislature, shall have liberty to dissent from, and protest against any act or resolution, which he may think injurious to the public, or to any individual; and have the reasons of his dissent entered on the journal. Art. 27. All lands in this state, liable to taxation, held by any grant, concession, colonization law, or settlement rights, shall be taxed accord- ing to their valuation. Art. 28. The right of suffrage shall not be exercised, by any person of insane mind, or who shall be a pauper or supported by public charity ; nor by any non-commissioned officer, soldier, seaman or marine, in the service of the United Mexican States ; nor by any person convicted of an infamous offence. SECESSIONAL CONSTITUTION. 201 Art. 29. The Legislature shall have power, to establish such a sys- tem of internal improvements, as they may think proper. Art. 30. No bank, nor banking institution, nor office of discount and deposit, nor any otlier moneyed corporation nor banking establishment, shall ever exist during the continuance of the present constitution. Art. 31. All lands within the Umits of Texas, at this date vacant, or not held agreeable to law, or to be located under genuine and bona-fide grants, now issued and received by the grantee or grantees, or otherwise provided for by this Constitution, shall belong to and constitute a fund for the state, and be subject to the disposal of the Legislature; provided that nothing contained in this article, shall be so construed as to prejudice the rights of the citizens, colonists, or settlers, who hold, or are entitled to acquire under this constitution, lands by deed, grant, concession or settlement right. Art. 37. The Legislature shall have power to enact laws, to impose taxes and collect moneys for the use of the state : but no currency shall ever be made lawful tender, except gold, silver, and copper coin. Judicial Department. Art. 1. The judicial power shall be vested in a Supreme and Superior Court. Art. 2. The state of Texas shall be divided in three judicial districts, in each of which there shall be appointed a district Judge. Art. 3. The said district Judges shall compose the Supreme Court — a majority of whom shall form a quorum. The said Judges shall hold their Courts as district Judges — of the Supreme Court at the time and place prescribed by law. Art. 4. The Legislature shall create and establish such Superior Courts, as may be convenient for the administration of justice. Art. 5. The Judges of the Districts and Superior Courts, who shall be elected at the first session of the Legislature, shall hold their offices for the term of three years, eligible to re-election, and their successors in office, shall hold their office for the term of six years — eligible to re- election by the Legislature every six years. Art. 6. The Judges, by virtue of their office, shall be conservators of the peace. Throughout the state of Texas, all prosecutions shall be car- ried on, in the name and by the authority of the state of Texas, and con- clude against the peace and dignity of the state. Art. 7 There shall be an Attorney General for the state ; and as many prosecuting Attorneys as shall hereafter be found necessary. Their duties, salaries, perquisities and terms of service, shall be deter- mined by law. Art. 8. The Clerks of the District and Superior Courts shall be ap- pointed by the Judge of the respective Courts. Art. 9. The existing laws of the state of Coahuila and Texas, when this Constitution goes into effect, shall continue in force, until altered or abolished by the Legislature ; provided, however, that the Legisla- ture shall never adopt any system or code of laws, by general reference to said system or code — but in all cases shall specify the several provi- sions of the laws it njay enact. 202 HISTORY OF TEXAS. Art. 10. The Judges of the District and Superior Courts, shall receive fixed and adequate salaries, which shall be established by law. Art. 11. The Judges may be removed from office, by the concurrent vote of both Houses of the Legislature ; but two-thirds of the members present must concur in such vote, and the causes of such removal. Whoever the Legislature may be about to prosecute, shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, thirty days before the day on which either House of the Legislature shall sit therefor. Art 12. The Judges may also be removed by impeachmenf. Art. 13. The power of impeachment shall be vested in the House of Representatives. Art. 14. All impeachments shall be tried in the Senate, when sitting for that purpose. The members shall be upon oath ; and no person shall be convicted, without two-thirds of the members present. Art. 15. The Governor and all civil officers shall be Uable to impeach- ment for all misdemeanors in office ; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit in this state. But the party, never- theless, shall be liable and subject to indictment, trial, and punishment, according to law. Art. 1 6. The Judges of the District and Superior Courts, and the Attorney General, shall be at least seventy-five years of age, and shall be learned in the law. Art. 17. The interpretation of this Constitution and the laws of this state, shall belong exclusively to the judiciary. Art. 18. Alcaldes, Commissaries, and Syndicks, shall be elected by the people. Their duties, jurisdictions, and numbers, shall be deter- mined by law. Art. 19. The Legislature is authorized to increase the number of the judicial districts and district Judges, whenever the necessities of the country may require it. Executive Department, Art. 1. The executive power shall be vested in a Chief Magistrate, who shall be styled ' The Governor of Texas.' Art. 2. The Governor shall be elected by the qualifiod electors, at the time of choosing Representatives for the Legislature. He shall hold his office for the term of two years, from the time of his installation, and until a successor be duly appointed and qualified ; but he shall not be eligible to office for more than four years, in any time of six years. He shall be a citizen of the United States of Mexico ; shall be at least twenty-seven years of age ; and shall have resided in Texas at least three years next preceding his election. Art. 3. The returns of every election for Governor and Lieutenant Governor, shall be sealed and transmitted to the President of the Senate pro tern., who shall open and publish them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Governor. Should two, or more, have been candidates for the office, and two or more persons be equal — and highest in number-— one of those who are equal and highest, shall be chosen GQvernor, by SECESSTONAL CONSTITUTION. 203 joint ballot of both Houses : and in like manner shall the Lieutenant Governor be chosen. x\rt. 4. The Governor shall at stated times receive for his services a compensation, which shall neither be increased nor reduced during the time for which he shall have been elected. Art. 5. The Governor shall be Commander-in-Chief of the militia of this State — except when they shall be called into thcservice of the Mexi- can United States ; but he shall not command personally in the lield, ex- cept he shall be advised so to do by a resolution of the Legislature : shall take care that the constitution of this state, the constitution acts, and the constitution of the Mexican United States, and laws are faithfully exe- cuted ; shall have power to convene the Legislature every session, when in his opinion the interests of the State may require it ; to grant re- prieves and pardons, except in cases of impeachment ; to conduct all correspondence with other states, and with the General Government — and during the recess of the Legislature, to fill pro tempore until the end of the next succeeding session — or of the Executive and Senate to fill permanently. Art. 6. Every Bill which shall have passed both Houses of the Le- gislature, shall be presented to the Governor. If he approve, he shall sign it ; but if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon the Journal, and proceed to reconsider it. If, after such recon- sideration, a majority of the whole number elected to that House shall agree to pass the bill, it shall with the objections be sent to the other House, by whom it shall likewise be reconsidered : if approved by a majority of the whole number elected to that House, it shall become a law : but in such cases the votes of both Houses shall be determined by 3^eas and noes, and the names of the members voting for or against the bill shall be entered upon the Journal of each House respectively, if any bill shall not be returned by the Governor within five days, Sun- days excepted, after it shall have been presented to him, the same shall •become a law, in like manner as if he had signed it ; unless the Legis- lature by its adjournment, prevent it return, in which case it shall not become a law. Art. 7. Every order, resolution or vote to which the concurrence of lioth Houses may be necessary, except on questions of adjournment, shall be presented to the Governor — and before it shall take effect, be af^roved by him ; or being disapproved, shall be repassed by both Houses, according to tlie rules and limitations prescribed in case of a hili Art 8. Tliere shall be a Lieutenant Governor, who shall be elected at the same time, and shall possess the same qualifications as the Gov- ernor, The electors shall designate for whom they vote as Governor, and for whom as Lieutenant Governor. Art. 9. The Lieutenant Governor, shall Ex-Officio be President of the Senate, and when there is an equal division in the Senate, shall give the casting vote, and also in joint voting in both Houses. Art. 10. When the office of Governor shall become vacant by death, resignation, absence from the state, removal from office, refusal to 204 HISTORY OF TEXAS. qualify, impeachment o/ otherwise, the Lieutenant Governor — or in case of like disability on his part — the President of the Senate, pro tem. — or if there be no President of the Senate pro tem. the Speaker of the House of Representatives shall possess all the powers, and dis- charge all the duties of Governor; and shall receive for his services the like compensation to the end of the term, or until the disability of the Gov- ernor be removed : provided, that should the office of Governor be vacant within ten months from the beginning of the term, the person exercising the powersof Governor for the time being, shall as soon a smay be,cause an election to be held, to fill such vacancy, giving three months notice thereof. Art. 11. There shall be a Secretary of State appointed by the Gov- ernor, with the advice and consent of the Senate. He shall hold his office three years, and shall keep a register of all official acts and pro- ceedings of the Governor, and perform such duties as may be enjoined on him by law. He shall as soon as may be, procure and keep a seal of State, with such emblems and devices as shall be directed by law. Art. 12. A State Treasurer shall be elected by joint vote of both Houses ; who shall also discharge the duties of Auditors, until otherwise provided by law. Art. 13. There shall be an Ayuntamiento in each municipality. The power and duties of the Ayuntamientos — the number of mem- bers who are to compose them — and the mode of their elections shall be prescribed by law. Art. 14. All commissions shall be in the name of the State of Texas ; be sealed with the State Seal, and signed by the Governor ; and attested by the Secretary of State. Sheriffs and Coroners, shall be elected every two years by the qualified electors at the time and place of choosing Representatives. Their duties shall be regulated by law, and they shall hold their offices for two years, and until a successor be duly appointed and quaUfied, unless sooner removed for misconduct in office. Art. 15. The Governor shall nominate and appoint, with the advice and consent of the Senate, all officers whose offices are established by this constitution, and whose appointments are not herein otherwise pro- vided for. provided, however, that the Legislature shall have a right to prescribe the mode of appointment of all officers to be established by law. Schedule. Art. 1. The State of Texas, shall include all the country formerly known as the Province of Texas. Art. 2. That no inconvenience may arise in our separation from Coa- huila, it is declared that all rights, actions, prosecutions and contracts, shall continue as if no change had taken place ; except cases provided for in the body of this constitution. Art. 3. All dues, fines, penalties, escheats and forfeitures accruing io the State of Coabuila and Texas, shall be collected in the name, and for the use of the State of Texas. All bonds for the performance of duties, shall be passed over to the first Governor of the State of Texas, and his successor in office, for the use and benefit of the parties interested. Art. 4. The authorities of the State of Coahuila and Texas, that fill their offices within the limits of Texas, shall continue in the execution of their respective duties, until superseded under this constitution. SECESSIONAL CONSTITUTION. 206 Art. 5. The Governor shall make use of his private seal, until a Seal of State shall be provided. Art. 6. Until the first enumeration as provided for by this constitu- tion, the appointment of Representatives to the Legislature, shall be regulated by a resolution adopted by this Convention. Art. 7. AUofficers, or persons elected or appointed to any office, or place of trust, profit, or honor in this State, before entering upon the duties of their office, or station, shall take the following oath : I, A. B., do solemnly swear, that I will support the Constitution of the United Mexican States — the Constitution act, and the Constitution of this State ; and that I will faithfully discharge the duties of accor- ding to the best of my abilities : — so help 7ne God! Art. S. The election of Senators and Representatives to the General Corfgress, shall take place agreeably to the provisions of the Federal Constitution of the United Mexican Statefs ; and laws to that effect shall be passed by the Legislature. Art. 9. Whenever a majority of both Houses of the Legislature may deem it necessary to amend this constitution, they shall recommend to the electors, at the next election of members of the Legislature, to vote for, or against a convention : and if it shall appear that a majority of all the electors of the State, voting for the members of the Legisla- ture, shall have voted for a Convention, the Legislature shall at the next session call a Convention, to consist of at least as many members as there may be in the Legislature, to be elected in the same place and in like manner as prescribed by law for the election of members of that body. Art. 10. Until the first enumeration shall be made, as directed by this constitution, the Senatorial Districts shall be composed of the following precincts : Bexar, one Senator ; San Patricia, Refugio, Galiod, and Victoria, one Senator ; Gonzales, Bastrop, and Alfred, one Senator; Lo- vicia, Matagorda, and Santianna, one Senator ; Victoria, and Bolivar, one Senator ; San Phillippe, one Senator ; Magnolia, and San Jacinto, west side, and precincts of San Jacinto, east side, one Senator; Liberty, and Laa Bayou, one Senator ; Ayish, and Snow, one Senator ; Tina- haw, and Sabine, one Senator. Art. 11. The number of Representatives, that each of the precincts above enumerated shall have in the first Legislature, shall be deter- mined by the votes given in at the first election ; on the basis of one Representative for every hundred voters, without counting fractions un- der one hundred ; provided, that each precinct shall have one Represen- tative, whatever may be the number of its voters. After the votes are all taken, and the polls closed, the Judge of the election shall declare the person who has received the highest number of votes for Repre- sentative, to be duly elected, agreeably to the basis above mentioned ; and shall issue certificates to such person accordingly. In case of a tie between two or more, it shall be decided by lot by the Judges. Art. 13. All powers or grants of powers, rights, privileges and immu- nities, not expressly given or granted by this Constitution, are reserved to, and shall remain with the people of the State ; and can only he dis- solved or delegated, by amendment to this Constitution. S 206 HISTORY OF TEXAS^ PETITIONS. To make way for this constitution, a petition was pre- pared by the Convention, in which they assigned many reasons why it should be granted. A few of the leading ones noticed by us, will be sufficient at this time, to con- nect our chain of circumstances; always leaving the reader the freedom of his own conclusions, and upon republican principles to make just such use of them as he shall think proper. To the Sovereign General Congress of the Republic oj Mexico. The inhabitants of aZZ Texas, met in General Convention, at the Town of San Felipe de Austin, by means of dele- gates, for the purpose of maldng known their wants to the government, most respectfully represent, that they desire the separation of Texas from Coahuila; believing such separation indispensable to their mutual happiness and prosperity; and that ultimately, such division would pro- duce the most happy results to the Mexican Republic. Coahuila being so far distant from the population of Texas, and so widely variant from it in interests, the rights and wants of the people of Texas cannot be properly pro- tected and provided for, under the present organization, — admitting the several Departments of the Government of the State to be prompted by the utmost purity of intention, in their efforts for the administration of justice. Coahuila and Texas are dissimilar in soil, climate and productions, in common interests, and partly in population. The representatives of the former are numerous, and those of the latter few; in consequence ofwhich, any law passed peculiarly adapted for the benefit of Texas, has only to he the effect of a generous courtesy. Laws happily construc- ted for the benefit of Coahuila, and conducive to its best interests, might be ruinous to Texas; such are the conflict- ing interests of the two countries : for instance, the uncon- stitutional law, prohibiting any but native Mexicans from retailing merchandize, in those places not inhabited by American colonists — to the exclusion of naturalized citi- zens from participation in that employment. PETITIONS. 207 Another reason, which should interest the sympathies of the Republic, and enlist the aid of government, in favor of Texas, is its locality, being adjoining the territory of a powerful nation, whose established policy towards the aborigines has a tendency to flood Texas with Indian emi- grants of a character dangerous in the extreme. The wide extent of wilderness, forming a natural boundary between Texas. and Coahuila, places an indispensable barrier in the way of Coahuila's extending the efficient means of defence she might wish. This circumstance alone demands that all the energies of Texas should be embodied, to prevent that calamity which threatens this favored country; and which nothing short of a well regulated government of a free, unshackled, and independent State can provide against. Be it known, therefore, that we, the people of Texas, view with regret and concern, the present unfortunate situation of the North American Tribes of Indians residing in Texas, and much deplore the transactions which have oc- casioned it. It is a well known fact, that the Cherokees claim by way of grant, a tract»of land situated about thirty miles to the northwest of Nacogdoches ; which claim they have been told, is worth about as much as the paper.it is written on. The Shawnees also: — to say nothing of those other tribes, which have settled in the country — and have been prom- ised possessions. The promise is still protracted. When the Indian (inclined as he is to believe that a promise made, eventually must be fuliilled,) becomes too frequently the dupe of craftiness and oppression, he natu- rally becomes discontented, unfriendly and hostile; and in the present instance might be made more troublesome to us, than those tribes which no concessions will mollify! The Indians' repeated req-west to obtain their rights, are unattended to; because an accredited agent of the govern- ment has been illegally suspended, by a military officer of the last dynasty, who, in continuance of his system of de- ception and conciliation, and with a view to enlist their aid, declared to the Cherokees, (at the time we began to evince a disposition of throwing from our necks the insup^ 208 HISTORY OF TEXAS. portable weight of military oppression,) — 'The Americans grasping for land, intend making the attempt of driving all my countrymen from this State ; and an extirpation of you all will soon follow.' But the conflict at an end — we explained to them the true causes which impelled us to arms^ and they, seeing a large number of our native Mexican fellow citizens had taken up arms in our behalf, seemingly became convinced, that we fought for justice to ourselves, and with respect for the rights of every Indian. However, unfortunately — just at this time, and while they wore being told, the Government would put them in possession of their lands, — some of our fellow citizens, without autJiority, ran off, and concluded in a survey, part of the Cherokee claim or grant; consequently creating, by such an act, a distrustful disposition on the part of those Indians — in conjunction with all those unlawful acts, so re- peatedly committed on the poor confiding Indians of Texas, who are thus made to believe that we are actuated by the same spirit as their former oppressors. Therefore, do they credit any gross misrepresentation made to them, giving to former apprehensions the guise of truth; and they are now losing past confidence, in all individual protestations or advice: like the wrecked bark, which having crossed a v/ide expanse of ocean, is in sight of her destined port, but without the friendly sails that propelled her, and with- out any visible aid or probable chance of assistance! Un- der these Indian circumstances alone, we most respectfully solicit and entreat your most Honorable Body, to consider that as a state, we would be enabled to take such active measures in their behalf, as would convince them, that they could not with impunity be unlawfully or unjustly intruded upon; humbly trusting, that we could do such justice to their wishes in relation to lantls, as could not fail to assure them of our friendship and protection; — besides, enlisting those North American Tribes of Indians among us, in fa- vor of the state and general Government, by securing to them a permanence of situation, and enrolling them as brother-citizens of that confederacy, which they so much respect and regard! For ihe above reasons and many PETITIONS. 209 others, which the General Congress will readily conceive, and in viewof the decree of the 7th of May, 1824, allow- ing the people of Texas, so soon as their situation would permit, to appear as a distinct state, to report to Congress for their resolution, — also, in connexion with the 11th section of the Federal Constitution, guarantying them a representative in Congress, whatever may be their popu- lation; and considering duly, the benefits that would result, both to Texas and to the nation, we entertain no doubts of the favorable reception of this petition. The people of Texas present the strongest assurances of their patriotic attachment to the Constitution, and to the Republic — pledging all and every interest in life, for the support of their declaration ! Therefore, they most respectfully petition, — that that part of the Mexican Republic, known by the name of Tcx- as, shall become a separate state of the confederacy — to be placed upon an equal footing with any of the states of the Union. Among the TWfXT??/ petitions which accompanied the above, there was one which deserves particular attention, con- cerning the Tariff; as partly by the General Government's neglect on that head, and particularly by the mercantile speculations on that subject, the Texasians' difRculties with the officers of General Government have ever taken their rise; until the land peculation of March 1835, which shall be noticed by us presently. To the General Congress, &lc. — The inhabitants of Texas, and so forth, — respectfully represent, that the du- ties on articles of necessity to the inhabitants, which are not and cannot be manufactured in Texas for several years to come, are so high as to be equivalent to a total prohibi- tion : that many other articles which are prohibited by the Tariff, are of the first necessity to the settlers of Texas. And as the people, of this section of the Republic, are yet almost without resources, and are generally farmers who make their support by cultivating the land, and have no manufacturing establishments yet erected within the limits of Texas; they respectfully petition the General Govern- ment, to grant for three years the privilege of introducing, s2 210 HISTORY OF TEXAS. free of duty, such articles as are indispensable to the pros- perity of Texas. Among which, this Convention beg leave to enumerate the following, to wit: Provisions, Iron and Steel, Machinery, Farming Utensils, Tools of the various Mechanic Arts, Hard-ware and Hollow-ware, Nails, Wag- gons and Carts, Cotton Bagging and Bale rope, coarse Cotton Goods and Clothing, Shoes and Hats, Household and Kitchen Furniture, Tobacco for chewing in small quantities, Powder, Lead and Shot, Medicines, Books and Stationery. The foregoing articles include the principal imports made use of, and wanted by the inhabitants of Texas. Many of them are prohibited, and on those which are allov/ed to be introduced, the duties are so high that they amount to a prohibition. The trade to Texas is small, afnd the resources limited ; but, if fostered by a liberal poli- cy on the part of the General Government, it will, in a few years, yield a revenue of no small importance.— Signed, &c. AUSTIN'S CORRESPONDENCE. Colonel Stephen F. Austin, who had been for many years the Colonists' representative in the General Con- gress, was chosen in the spring of 1833, by a large ma- jority, to represent the country again on this momentoufj occasion ; although there had been no little opposition mad<5 to his election, by the same forty or fifty would-be great men in Texas — and who are so, — though upon a scale some- what different from that greatness they acquired in the United States of the North, before their names became so well known in Mexico. That the reader may be made acquainted with Colonel Austin's character in a few words, — he was a man, take him all in all, (politically speaking) for the well-being of Texas, that but few new countries, in their annals of set tling, can produce a parallel! No matter for the accusation of this Texian Optimacy, who said, « that he was too much of a Mexican, to enforce the demands of the colonists at this time with that energy they required.' But his own words verbatim transmitted from the prison of the Ocordado, city of Mexico, August 25, 1834, will, it AUSTIN'S CORRESPONDENCE. 211 is supposed, be the best comment on those general matters necessary to be known, by those who feel interested in the whys and wherefores of a Texas commotion. " Dear Sir: — I write this more for the purpose of inform- ing you, that I am in the land of the living, than to com- municate any thing agreeable as to my situation. I pre- sume you are already informed that I arrived in this city on the 13th of February last, and was shut up in one of the dungeons of the inquisition,- where I remained three months in close confinement — Incommunicado — that is, locked up day and night, with very little light except can- dles, and not allowed to speak, or communicate with any one, nor to have books, pen, ink, or paper. The President General Santa Anna put me in communication soon after he resumed the Government in May. , The treatment I received from the Vice President, Gomez Farias, was in the highest degree rigid, and marked throughout by strong personal feeling; which I attribute in part to an interview which I had with him on the first of October, in which he was highly offended with me, because I stated that the affairs of Texas required the prompt attention of Government; for the people there had taken the position, that if the evils which threatened that country with ruin, were not reme- died by the Government, the 'people of Texas would reme- dy them of themselves, without waiting any longer, on the ground that self-preservation rendered such a step neces- sary — and would justify it! The Vice President constru- ed this into a threat — and personal insult* I wrote the letter of 2d October (which I regret) to the Ayuntamien- to, — persevered in getting the remedies reconciled to the Vice President, and I parted with him on the tenth of De- cember in harmony, and with the best of feelings and the most sincere respect. The Ayuntamiento of Bexar chan- ged the face of things, and revived the passions of the Vice President, by sending to him my unfortunate letter of 2d. October, which said for the worst prepare .^" "Individuals who were unfriendly to me, because I op- posed a territory for Texas, — and others who were un- friendly to all foreigners, improved the opportunity to in- flame the mind of the Vice President and his ministers 213 HISTORY OF TEXAS. against me ; so that on my return to the city of Mexico, as a prisoner, he was the most violent and bitter enemy I had. I believe him to be an honest man, and a true fede- ral democratic republican, in principle; but he believed, or was misled by others to believe, that the political situa- tion of Mexico required something like a Robespierre's sys- tem, or reign of terror. No one was executed, but hun- dreds were banished and imprisoned. Whether this sys- tem was the result of the Vice President's own inclinations, or whether he was led into it by his counsellors and friends, I cannot say. Some think that it was all his own policy, and ethers that he was forced into it contrary to his wish, by tlie power of circumstances, and the excitement of the day. At any rate his administration was unfortunate for the na- tion, and for the federal party; for no one who has any sense of justice or of common humanity, can approve of an illegal, unconstitutional and arbitrary system of ban- ishment and imprisonment. "The religious prejudices of the people were alarmed by the measures of that administration to a great degree: hence the reaction which is now operating all over the na- tion, and which some think will shake the Federal system; though I am not of this opinion, for I do not believe that the President Santa Anna has designed' to change the sys- tem, or to do any thing more than to get together a con- gress in January next, with tlie character and power of a national convention, freely elected by the people, in or- der to re-establish or review the constitution, which has teen so dreadfully outraged by all parties, that none res- pect it. " But to return to my own affairs, which I presume are m.uch more interesting to you, than the political quarrels of this Republic. I remained in the inquisition until the 12th of June, when the military tribunal to whom my case was referred, decided that they had no jurisdiction over it; and I was removed to this prison, and my case delivered over to a civil tribunal, or jour de litras, in whose hands II slept until the 12th of August — when he also decided that he had no jurisdiction over it: and it was then sent to the federal district Judge, who soon despatched it, by AUSTIN'S CORRESPONDENCE. 213 deciding that he had no jurisdiction over it, as I did not reside in his district. The matter was then sent to the Supreme Court of the United Mexican States, in order for them to decide what court or tribunal ought to try me ; and there the case rests at present. So that after eight months, I do not know as yet, what court is to investigate my case. I have long since requested to be delivered to the authori- ties of the State of Coahuila and Texas^; and I presume I shall finally be sent to the district court (federal Judge) of that state. The President Santa Anna is friendly to Tex- as, and to me, — of this I have no doubt — would have set me at liberty long since, and in fact issued an order to that effect in June, had not some statements arrived about that time, from the State Government of Coahuila and Texas against me, which I understand have contributed mainly to keep me in prison so long. It is said, the report of the State Government on the subject, is founded solely on the statements of some influential persons who live in Texas- Who those persons are I know not. It is affirm- ed that they are North Americans by birth ; and I am told that if I am not imprisoned for life, and totally ruined in property and reputation, it will not be for the want of^ ex- ertions and industry on the part of some of my country- men, who. live in Texas. Whether all this be true or not, I know I am unwilling to believe it. I am also told, that no efforts were left untried during the last winter and spring, to prejudice the members of the legislature and state gov- ernment against me at Monclova. I cannot believe these things. I wish you to inquire of Oliver Jones, (then re- presentative for the Texasians in the state legislature;) he is an honorable man, — and I shall rely fully on what he says about them. ^^ Can it be possible that any of those men who were opposed to my appointment, as the public agent to come to Mexico, on the ground that I would be too passive and humble, and not display independence, firmness, and so forth — and also that I was opposed to a State, therefore, would not obey the instructions, or regard the wishes of the people, as expressed by the Convention &c.', &c. — I repeat it, ean it he possible that such men can be so politi- 214 HISTORY OF TEXAS. cally blind, as not to foresee without the interposition of a miracle in their favor, equal at least to that which I had the honor to conduct from Matamoros in 1832, their coun- try will be ruined by those omnifarious measures of reck- lessness pursued? If so, I ask in the name of God, how are they to be benefited by its destruction? "Now what I cannot understand, is, that these same men should attack me, who at that time were very violent political fanatics in favor of a State, and of high minded measures with the government, and who abused and op- posed rae, because I was too mild, too passive, too lukew^arm — the same men who w^ere the first, as they themselves say, to create an excitement in favor of separating Texas from Coahuil|i, and who contributed very much to involve me, and my friends — simple farmers, in all this difficulty, and the labyrinth I am now entangled in, by compelling me, as it were, to yield to public opinion of that time, and which public opinion was jirst excited by these men. " The fact is, excitement in the Colony, at that time in favor of the state, placed me in the alternative of yielding to them, — or of opposing them by force, by means of party divisions, — or of leaving the country. I was dis- posed to adopt the first or the last of these alternatives, rather than the other, — of organizing a party, or creating party divisions in the colonies. "That these same men should now attack me, as it is said they have done, because I faithfully, fearlessly and firmly, represented the wishes of the convention and of my constituents — as these same men said those wishes were, when I left there, — r-instead of concealing or counteracting those washes, as these same men said I would do — ^That these same men should now try to ruin me, and perpetuate my imprisonment, — and should rejoice and exult at my sufferings, is what I cannot understand, and am unwilling to believe. For it would be the same as to belive, that all their show and display of zeal for the public good — their pretended patriotism, had no other definite object, but to create confusion, out of which they hoped to derive some hcncjit, or nt least to involve me in difficulty and total ruin ; (by nnd by wo will shov/ that object, and the benefits they AUSTIN'S CORRESPONDENCE. 215 derived from it.) This I cannot believe : allliough such a thi«g was told me before I left the Colony, < that no mat- ter what I did, or how I acted, some persons there, whom I had too much befriended, would seek my ruin if they could.' I am unwilling to believe that such baseness ex- ists in human nf.turel <' That men shouid err in politics, become convinced of their error, and change their opinion is a common and natural thing, and amounts to nothing at all except a mere error in judgment; which v/e are all liable to, and have committed during our lives. But there is a vast difference between an honest error in Judgment or opinion — an honest change of opinion -^and a secret or malicious de- sign lo plot or ruin another, by weaving a political net around him for that express purpose. Neither public good nor patriotism can have any influence in such a design: nought but a corrupt heart would or could have any hand in such a base plot. Again I say, I am unwilling to believe that any j^erson, or pei"sons in Texas, vvith the talents, and with the knowledge, of their situation, either in a moral or po- Jilical point of view, can be influenced by such impolitic, f Texian citizens, presented themselves before Anahuac, and compelled that garrison to surrender; thereby trampling on the rights of the Mexican flag, and treating the Mexicans residing among us, as hostile for- eigners, whereas we are Mexican Citizens!! residing on Mexican Territory! and with oaths of allegiance still fresh upon our memories. Correspondence from some of the Mexican Military authorities, addressed to the Com- mandant at Anahuac, was forcibly taken possession of; and some Mexicans have unfortunately been shot amongst us as spies; whose crimes, if any, have been thus cruelly punished! before they were properly known, or investiga- ted — or proved!! " That such outrages, on the government we live under, should have been committed by some individuals is much, very much indeed to be lamented ! But it is still more to be lamentedj that Texas, whose interests lie in peace, and the majority of whose citizens are peaceful, should be dragged into collision with their own government, by the precipitate, and unjustifiable acts of ^few. In this case it is not that government, which has committed on us aggression; it is a certain part of the Texas inhabitants, who have proved to be the unprovoked and unnecessary aggressors. If we had just cause for taking up arms, — if we were indeed invaded, it would be that I, even I an old pioneer, should say, let us resist like Americans! in whom resistance to oppression and invasion is character- istic, and to whom in a correct cause fear is unknown — (but, a word to the wise about invasion, let them see to it.) "I deprecate those acts, because they were uncalled for, and unnecessary. And I earnestly advise my fellow-citi- OFFICIAL COMMUNICATIONS. 241 zens to remain peaceable, and to obey only those orders which may lawfully emanate from their Constitutional au- thorities. The official communications (which have alrea- dy been published) from Genei^al de Cos, to the Political Chief, breathe throughout — as you will also perceive by the one annexed — peace and harmony, inculcating obe- dience to the laws, and more recently (as you will see) Colonel Ugartechea, the principal commandant residing at Bexar, has addressed the same authority (Political Chief) and assures him ' that the Colonists have riothing to fear from the introduction of troops,'' and that they (the Mex ican authorities) have never thought of trampling on the rights lawfully acquired by the settlers, who ought not to doubt, that the Supreme Government will attend to their representations, and will at the same time omit no means, for accomplishing the grand object — the welfare of all and each one of the inhabitants of this interesting part of the Republic !' , ;"I,have also the pleasure of communicating the agree able, inforrjiation, contained in the last letter received by your servant from Colonel Austin, dated < Mexico, March 10th, 1835,' in which he says — <■ The territorial question is dead. The advocates of that measure are now strong ly in favor of a State Government; and that subject is now before Congress. A ca,ll has been mad^ upon the Presi- dent for information on the^ subject; and I am assured, the President will make, his. communication in a few days, and that it will be decidedly in favor oi Texas and the State? « From a full and arduous examination of all the evi- dence, and knowing by the resolutions and sentiments of the many people, that there is no wish to come to a rup- ture with Mexico, and that peace is their prayer; knowing therefore, that peace is the desire of their constituents, your respective committees have deemed it fit not to with- draw, until they had done every thing in their power to restore that boon to Texas, and that union which ought to subsist with our Mexican brethren. They have provided for a personal interview by proxy with General Cos, — they have nourished, cherished, and assjLsted the former Commandant of Anahuac, (as he could not be prevail- 242 HISTORY OF TEXAS. ed on to return to his post,) and his men, to land according to their request in San Antonio de Bexar. "May every success attend their endeavors. May tran- quility and prosperity exist, and be permanent in Texas : and whilst it satisfies the ends of justice, may its dignity at the same time remain uncompromised, is the fervent pray- er of your Political Chief and fellow citizen, Wyly Martin, who has the honor of laying before you the proceedings of your Committees, and the other documents necessary for your instruction and comfort." — August 15th, 1835. " We the representatives of the people duly elected and appointed by them, to learn, try, weigh, and resolve, upon the cause and effect, which have produced evils unbear- able and fears unmeasurable, in the breast of every citi- zen, who wishes his own welfare and his country's to be inseparable. "Our constituents learning that the Congress of the State had, during its session of March present year, acted improperly — contrary to the rights of States, and in di- rect opposition to the Constitution of the Mexican confed- eration, — being corrupted from their line of Legislative duties, by the undue influence of a few foreigners and others, they became amenable to the laws made and pro- vided — Therefore were they treated by the government of the nation according to their deserts. "Those who had escaped, for the time being, just cor- rection and punishment, — threw themselves into the midst of our tranquil community; disorganized the system by overthrowing confidence and hope — like the scorching blasts of the sirocco winds, carrying destruction, grief and dismay, into the peaceful dwellings of every loyal, virtu- ous and contented family. If checked in their designs of compromising the people, or detected in their falsehoods resorted to, in order to cover the guilt of their proceedings — perseverance was their motto, and fertility of invention their characteristic : so that by the flexible nature of their sinuosity, they were enabled to give to the country of Tex- as, an unparalleled shock throughout all its members, "To give this shock consistency and name, the Govern- or called upon each Department of the State, for one hun- OFFICIAL COMMUNICATIONS. 243 dred men, armed and equipped, to sustain him and a vile Congress, that have bartered our public lands, for a mere song; — but he found that in calling upon us, 'he had reckoned without his host.' It was too much for us to risk, (if it was not too much for him to ask) our blood to sus- tain those who had wantonly squandered our lands. It will be recollected that the advocates of a state govern- ment have ever contended that the public lands would sus- tain for the first ten years t\\e expenses of a state govern- ment. What vdll be our situation when deprived of this land? There will be found but one set of men in all Tex- as, who would support such measures, and those are the very men who purchased the land. " The law of the 14th of March past, is looked upon by the people with horror and indignation: it is looked upon as the death blow to this rising country. In violation of the General Constitution and laws of the Nation — in vio- lation of good faith, and the most sacred guarantees, — Congress has trampled upon the rights of the people and the Government, in selling jfot^r hundred and eleven leagues of land at private sale, and at a shameful sacrifice ; there- by creating a monopoly, — thereby entirely ruining the fu- ture prospects of our country, contrary to law, and contrary to the true interests of every citizen in Texas! Therefore — Resolved — That we protest against the late sale of our lands, in the late Congress of Coahuila and Texas, and view it as an act of corruption in all parties concerned ; and that we will not sustain such men nor measures — But on the contrary, aid the General Government in maintain- ing the integrity of the Constitution and Laws of the Mexican Nation. Resolved — ^Jhat we recommend and promote by every means, a general union of sentiment among ourselves, moderation, organization, and a strict adherence to the laws and constitution of the land ; meanwhile, protesting against the conduct and acts of any set of individuals (less than a majority,) calculated to involve the citizens of Texas in a conflict with the Federal Goy^rnment. Resolved— That we shall, if required, assist the Gov- 244 HISTORY OF TEXAS. ernment of our country against those persons who will not obey the Revenue laws of Mexico ; and that we will particularly assist in bringing to condign punishment those individuals who have with malice afore-thought, and with rebellious intentions, insulted the National flag of the Confederatit)n at Anahiiac-— denouncing said individuals or' persons, as foreigners, and disclaiming all participa- tion in their acts whatsoever. Resolved — That we sincerely invite the Supreme Ex- ecutive, to carry the Revenue laws into effect ; suggesting at the same time a modification of these laws, in order that the duties shall all be collected. We believe that reason- able duties, collected by Collectors understanding both iang^aagies without favor or collusive management, would be cheerfully subinitted to by the Merchants : but in a contrary case, wie pMg«*.ourselves to aid the Federal Au- thorities in their collections. Resolved — That we furthermore suggest to our Fede ral Executive, that a Court of Admiralty Jurisdiction, to hold its sittings in Texas, would greatly facilitate the ob * ject q£ collecting those duties ; while at the same time it would relieve Texas from ike embarrassment of tedious and foreign suits. Resolved — That we wish to be considered, as the faithful and legal citizens of Mexico, and that we are dis- posed and desirous to discharge our duties as such ; and ' that it is our wish and interest tbrewiaiw attached to the Federal compact ; humbly sustaining our position until the Federal Congress shall legally admit us to the rights of a separate state — or till the loyalty and patriotism of th.e inhabitants of Texas shall challenge this comfort at their hands I Resolved --"-That every act or deed, tendihg to inter- rupt the h^rrhony and good understanding of the Federal Government^ and Texas, by whomsoever made, deserves the marked disapprobation and contempt of every friend of good order and constitutional regularity in the country — therefore, we pledge ourselves, our property, our hon- or, and our lives, to abide, stand by, and fulfil, as becomes the determined resolves of freemen, all and every duty OFFICIAL COMMUNICATIONS. 245 required of them, as such, by their > own free will and consent !!" — Signed &c. TBI: BRIGABIER GENERAL MARTIN PERFECTO DE COS, Commanding General a^d Inspector of the Eastern Internal States. IN THE NAME =0F THE PBESIDENT OF THE REPUBLIC : I MAKE it khidwn to all and every one of the inhabit- ants of the three departments of Texas, that whenever-, under any pretext whatsoever, or through a badly con- ceived zeal in favor of the individuals who have acted as authorities in the state, and have been deposed by the resolution of the Sovereign General Congress, any should attempt to disturb the public order and peace, that the inevitable consequences of the war will bear upon them and their property, inasmuch as they do not wish to im- prove the advantages afforded them by their situation, which places them beyond the uncertainties that have agi- tated the people of the centre of the Republic If the Mexican Government has cheerfully lavished upon the new settlers all its worthiness of regard, it will likewise know how to repress with strong arm all those who, forgetting their duties to the nation which has adopted them as her children, are pushing forward with a desire to live at their own option without any subjection to the laws. Wishing, therefore, to avoid the confusion which would result from the excitement of some bad citi^ zens, I make the present declaration, with the resolution of sustaining it.* Matamoros, July 5, 1835. Martin Periecto de Cos. * As a rarity of its kind, we subjoin a copy of this document in the original language and form, with a fac-simile of General Cos's signature, which, according to the Spanish custom, consists simply of a flourish of the pen under the printed or written name : This custom in Mexico, learned at fiist by the child with a stick in his hand, saves the feelings of the unlettered man, and his flourish stands side by side equally proud, and recognizable in a court of justice with that of th^ most learned scribe ! v2 246 HISTORY OF TEXAS. Principal Commandancy of Coahuila and Texas. " Charged by the Commandant General, with the preser- vation in the State, of public tranquility and fulfilment of my duty — I can do no less than address you as interested in sp important an object, upon >vhich depends the happi- ness of the inhabitants of the Department; in order that you may make every effort, for dissipating the alarms occ casioned by false information, communicated by unquiet and revolutionary characters, who, resentful at not being able to carry into effect their depraved intentions of di- lapidating the lands of Texas, wish to make the inhabi- tants believe the jSupreme Government is going to send forces to tZispeZ .proprietors of the possessions, which they have acquired by a title ; without any other object on the part of those perverse men, than to prosper by means of a revolution." El General de Brigada Martiit Perfecto de Cos, Comandante Generale Inspectoi^ de los Estados Internos de Oriente. A i^ombue DEL PRESIDENTE DE lA REPUBLICA. Hago saber a todos y a cada uno de los habitantes de los tres Departa- mentos de Texas, que siempre que bajo cualquiera pretesto o por el de un zelo mal entendido en favor de las personas que fungieron de autori- dades en el Estado, y han sido depuestas por la determinacion del Sober- ano Congreso General, intentasen trastornar la quietud y el orden publi- co, pesaran sobre ellos y sus intereses las consecuencias inevitables de la guerra, ya que no quieren sacar las ventajas que les proporciona su situacion, que los pone fueria de las oscilaciones que han agitado a los pueblos del centro de la Republica. , ■'■• Si el Gobierno Mexicano gustosamente ha dispensado toda su consid- eracion a los nuevos pobladores de Texas, sabra tambien reprimir con mano firrae a los que olvidados de lo que dfeben a la JVacion que los adopto por hijos, se avancen hasta querer vivir a su vbluhtad, sin sujecion ninguna a las leyes. Deseando pues evitar los trastornos que resultarian de la ecsaltacion de algunos malos Ciudadanos, hago la presente manifes- tacion, con protesta de sostenerla. Matamoros, J ulio 5 de 1 835. Martin Perfect© de Cos. WAR FACTION, . .247 • « In order, therefore, that you may succeed in tranquil- izing the mind, and dissipating the falsehoods which have been spread for the purpose of compromitting the colo- nists, you can show them this communication, and also manifest to them, that they have nothing to fear from the introduction of troops ; as this measure would have no other object^ than thett of placing them as detachments at the Ports, to prevent the smuggling trade — which is car- ried on with impunity by adventurers — and likewise to pre- vent the incursions of the Indians, who, when they are not cliastised, become every day more insolent, and too frequently commit hostilities. "fVorhave we ever thought of trampling upon the rights lawfully acquired by the colonists, who ought not to doubt that the Supreme Government will attend to their repre- sentations ; and will, at the same time, omit no means of accomplishing the grand object, of the welfare of all and each one of the inhabitants of that interesting part of the Republic. . " At the same time I do no less than expect, that you will by the virtue of your office, prevent the enemwjs of order from circulating reports, forged for the purpose of compromitting the incautious : a,nd if th^re be any person or persons in the Department, whose minds of pernicious counsel are occupied in disturbing tranquility, and whose actions are conducted to the injury of their country, you will forthwith proceed to restrain and con-ect, by the pow- er which your office creates ; bringing them to just punish- ment, according to the Constitution and laws of your country. On this occasion I have to offer you the protes- tations of my particular consideration and regard. God and Liberty." Domingo de Ugaetechea. Bexar, July 15th, 1835. WAR FACTION. As soon as the above facts were promulgated by the Po- litical Chief, the members of the war faction found their situations in the upper parts of the country very danger- ous : therefore did they congregate thems slves in Brazo- ria and other places near the sea board o the Province ; 248 HISTORY OF TEXAS. where they wore joined by their best friends the slave holders, who said, 'their negroes, G- — d — 'em, were on the tip-toe of expectation, and rejoicing that the Mexi- cans were coming to make them free I' Samuel Williams (already mentioned) who had been the shadow of Austin in the Colonies, ever since he departed for Mexico in 1832 — and who -was blamed by those opposed to the land speculation, as the leader of the monopolists, took his de- parture for the United States of the North, with all expe- dition ; but not before he had been rather roughly handled in Colombia. He was accompanied by some of the most talented of the faction, who were thought the hcsi quali- fied to make a diversion in their favor, among tl^e citizens of the United States. Others were despatched to Na- cogdoches, where Colonel Durst, who had been the Legis- lative member for that District — and who had received by contract some of the land for his assistance in this Yazoo affair, had just published an exculpation of his conduct, wherein he said, ' If the Texian citizens had not purchased the land, somebody else, not so intimately connected with the country, would have receive4 ^^•' When General Cos heard of the Anahuac affair, he despatched one Captain - Thompson — an adopted citizen of Mexico, (formerly of England) with his small sloop of war, to make obse;-vations, and find out whether the Col- lector and his men had been massacred by the Americans, as had been reported, or not — and return to Matamoros as soon as possible, with his information. But in th^.per- son of Thompson, the old proverb was verified, ' sqI a beg- gar, &c.,' for as soon as he arrived at Anahuac, he acted with so much insolence, (the fact is, there was too much bantering bravado on both sides,) and tarried so long on the coast, that his opponents had time to collect their strength, by uniting together such lumber vessels as could be got at, and loading them with such destructive materi- als as could be found, best adapted to attack him with success. But they were disappointed in the pleasure of hanging him! by the expeditious measures made use of in New Orleans, to fit out the regular trading schooner San Phe» WAR FACTION. 249 lepe, with hollow-ware and other necessaries, supposed by the agents of the Gulf Party, to be best adapted for their welfare. Thompson hailed this vessel of hard-ware, with the authority of a Revenue officer; and the Americans not hearing him distinctly, imagined he must be hungry; there- Tore, with the best feielirigs of human nature in such cases, ^ent him a hollow tube full of iheiv most substantial pro- visions. The compliment was returned with gentleman- like courtesy, until Thompson saw some of his men over- gorged with American politeness. Therefore, to save the balance^ he yielded the contest of such reciprocal ur- banity. But as he could show no document in support of the character which he had assumed, they sent him to New Orleans as a pirate, who had been caught interrupt- ing the trade of both republics. At this time the public press in Brazoria, (the only one then in Texas,) had been taken possession of by the united company of Whigs, as they termed themselves ; but, ac- cording to the opposition majority still, land-jobbers, law- less merchants, slave-holders, office-seekers, and vain grog- drinking boasters. However, be that as it may — it was deemexl an a;ct of prudence in the d — d Tories, as the would-be peaceable party were called, not to visit the lower couatry too much, nor to interrupt them in their high handed proceedings. Resolutions and addresses were distributed in every quarter, by a committee of men ap- pointed for that express purpose; as they were determined ito provide in the best manner they could, for that resist- ance they were sure the Mexican government must now malie, or be unwdrthy of the name ! They now saw, or thought they saw, that not only would their application to the American citizens of the United States of the North be successful, but that their own strength laow was by no means contemptible. Be- sides, the oppositionists would pro tempore be so involved, that they will be obliged to fight or lose their property; — for we have in the first place Resolved — That no person or persons whatsoever, un der the control or in the name of Santa Anna, shall be suffered to enter Texas, whatever may be his credentials, 250 HISTORY OF TEXAS. or upon whatever principle he may assume the privilege. Secondly, we have Resolved — That if any citizen or citizens whatevei', shall leave the country on, or before the contest — or shall assist the enemy in any shape whatsoever, , during the conflict, their property shall be confiscated for and in be- half of the war. And thirdly, we have Resolved — That the property of those inhabitants, who may pretend neutrality or otherwise, so as not to assist their brother Americans in this war, shall be the fi'st sacrificed to its welfare and prosecution I Now as Providence would have it, once mare Colonel Stephen F. Austin appeared among them. Of course he became the rallying point to all parties in this political contest. ' Committed ! — once more committed, my friends,,' he cried, «in thei sight of heaven and of menll Down with those rag liberty poles, more like sc^re-crows in a potato-patch, than flags of honorable resistance. Have you forgot the Freedonian pin-pole of Nacogdoches, which was danced round by the facetiou^ liberty-men, until its bark flew off, and with the last peeling they had to fly themselves.' At this time the people of the northwestern Texas were occupied day and night with the hostile Indians, or in mourning over the infatuation of more civilized men. And the inhabitants of the southeastern parts of the coun- try were engaged night and day with frolicsome parties, or were rejoicing over the prospects of their ascendency among men. As the rulers and people of the Mexican republic were divided in their explanations of the Federal Constitution, it was thought best, by taking all things as they now stood, for the Texasians to raise in full concert the standard of state rights, being that which the Liberals of Mexico had adopted, in opposition to the present reigning government. By their taking this step, sometliing like rule and order again prevailed in the country. And those who were the best adapted, for the purpose of creating an excitement in the United States, were sent to those places where the merchants and land speculators resided, so that they migh^ War faction. 251 b6 supplied in the first place, with that which was the most needed, a larger quantity of funds than men. Now if it is the duty of a Representative to do all he can for his constituents, and for a lawyer to say all he can in favor of his client, in like manner it should be allowed — and more so, for the Texian deputies to work on the passions of the people, as they are in one respect neither like the representative nor the lawyer, asking for a right that should be acknowledged, nor for a fee which should be paid, but for an offering of free will, always given with the most sympathy when the petitioner has the tact of coloring the question in his favor, and holding the picture of distress in the proper degree of light and shade. Therefore, in this case the following method has been and must be pursued: Tell the Americans of the United States, that the Texian Americans claim their sympathetic assistance as brothers! But, tell them not, that many of these brothers injured them all they could in pecuniary matters, before they forsook the paternal roof, and that another set of them, especially those who have been the only cause of the Texian trou- bles, left them because their now feeling relations would at that time, had they not gone without a good-by, sent them to a far different world! Again, tell them, that the Mexicans are not only cruel, but treacherous and cowardly; — but tell them not that they have been cruelly deceived and treacherously dealt by — nor that their cowardliness is not exactly to be esti- mated by the poor zambo soldiers the Americans have been heretofore accustomed to. Tell them also, that the Mexican government, instead of nourishing and cherish- ing the people of Texas to the best of their abilities, has been their robber and oppressor; — but tell them not that the greatest robbers and oppressors of the Texian settler, have been their fellow-citizens, and those who pretended to supply their wants; and that the Mexicans have never in one solitary instance called on a Texasian for any assis- tance whatever, in their troubles with government. Tell them, that the favor of settling Texas has been all on the side of the Americans; — but tell them not, that every Ter- ritory in North America was all to settle in the same man- 252 HISTORY OF TEXAS. ner, and the land to be purchased besides, at twenty times the cash amount. Then tell them, that the Mexicans are hiring the hostile savages against the poor Americans; — but tell them not that the Americans have as much con- trol over the Indian barbarians as the Mexicans have ; and that the Americans may thank themselves for a great deal of the savage animosity! And forget not to tell them a pitiful and exaggerated story about the privations which had to be endured, of hunger and thirst— dpjigers innu- merable, and woes too horrible to relate; — but tell them not, that there have been but few instances of starvation; and not so many woes — nor yet more dangers, than are to be met vvith in every new country. Above all tell them, that the Mexican government was the^r^^ aggres- sor, in this cruel, barbarous, and unjust war; but beware! tell them not, that a* government ought to be believed — especially by its own subjects, until it acts contrary to pro- mises made. Now had the government of Mexico been al- lowed to send those Washinangoes necessary, to collect the revenue and assist the people against the murder- ous savage — then it would have been proved by their conduct whether the promises of government were false or not. If false, such cowards by a united people, would have been soon whipped or starved out of the country. Then it would have saved much wrangling, much division and much sorrow, with a great deal of heart-burning animos- ity against one another among the Texasians, which will never be completely eradicated; to say nothing about those lives lost on the occasion, among the Americans themr. selves, that can never be recalled ! Now when all these things have been told, and all those matters have been left untold, finish the subject as syste- matically as it was begun, by telling them (and fear not the corpus juris civilis, for the law was never made that could not be evaded,) not only of these lands set apart for the spe- cial benefit of those patriotic volunteers who shall assist their brethren in distress, but of the many privileges they shall receive and enjoy at the hands of the grateful Tex- asians; — but as before, tell them not, that the lands of Tex- as now unclaimed, are of little, if of any account whatever, WAR FACTION. 253 fof the purpose of agriculture ,• and those persons who shall give up a part of what they now possess to such men, will be sure to keep the cream of the pot, in the land as in the office for their own use^ and probably throwing with the begrudged moi*sel a bitter taunt, such as, < the Oppidans of the United States rejoiced over that occasion, which took from their cities, so many unruly disturbers of the public peace!' The Mexican Government had always had a small body <3f troops stationed in Bexar and Galiod (the two only Spa- nish towns in Texas,) but, by the new order of affairs which had taken place in the country after the arrival of Austin, these troops must either join the cause of the Mex- ican Liberals, (now the ostensible cause of the Texasians,) or leave the Province^ At this time General Cos was still relying upon the many promises heretofore made by the peace party — still confiding in the loyalty of his soldiers to the government cause — still believing that the war party might be deterred from high handed measures — and still concentrating his disposable forces in San Antonio de Bexar, as their most eligible point of reasonable security, in case of his friendly negotiations proving of no avail, be- tween the people and their government. But he leaned upon a three-pointed broken reed, and by it he was transfixed! for the Texasians now in power, had but one answer to all his overtures of compromise, < Con- stitutional republicanism' — < accede thereto as our friends, if not you must soon meet us as our foe !' And sure enough they lost no time in calling upon him as their enemy, to whom they had the pleasure of introducing a goodly number ot American volunteers* The one half of his soldiers were to the government disaffected, and the other half soon gave up the unequal contest; but not before many a valuable life was lost, especially on the side of the conquered. The prisoners (some of them noble ones too,) were sent to Na- cogdoches for better security, while the government stores were taken possession of as a God-send, by their needy conqueroi's. ' Now,' said Stephen F. Austin, the commander-in-chief of the Texian army,