Travis Document by Seidner_MayJune 2000

8/8/2019 Travis Document by Seidner_MayJune 2000

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INTERNATIONALAUTOGRAPH

COLLECTORS CLUB &

DEALERS ALLIANCE


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Overview:

An Early Texas Document:Travis,Johnson, and Others

By

Dr: Stan Seidner

The name of William Barret Travis (1809-1836) evokes the romance and

legends of early Western history when adventurers and empresariosforged the independent Republic of Texas. Two legal documents writtenon two sides of a single sheet, as was the custom, acquired at an auctiondirectly relate. to a number of personalities who were intimately involvedin this early Texas history.1 What adds to the remarkable document is thatit was penned on both sides by Travis in February, 1831 during the periodhe had served as a lawyer in Anahuac and San Felipe de Austin on theBrazos river. The Decree of April 6, 1830 and new restrictions put intoplace by the Mexican government to restrict Anglo-American immigrationinto Texas posed significant barriers for new arriving lawyers. Andmerchants. Most of these individuals, including Travis who had arrived in1831 from Alabama had no legal right to work. 2 As the cauldron of

insurrection simmered, the document shows that Travis practiced hisprofession in San Felipe de Austin where he would resettle the followingyear. The first side of the document is a settlement claim (see Figure 1) byJohn Aust in (1801-1833) brought against Joshua Parker (1790-1838).

Figure 1: Excerpt from John Austin vs Joshua Parker(Travis' Handwriting)

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.. ; ~. ,/ ~ ; > : U f o..~ . c . L:/ . ;) r : . " ' L ~ / : " "~ . , /

h ~ rd ~ ~ ~ + ,. n ' ~ . -

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Distantly related to Stephen Austin, John Austin aided him in settling theoriginal colonists and became constable of the district of San Felipe deAustin in 1824. He would become alcalde of Brazoria Municipality in1832 and participated in the Anahuac Disturbances during the same year.It was John Austin who commanded at the battle of Velasco (see Figure 2).

Launching a successful two pronged attack from a ship and from land,Johnson received Col. Domingo deUgartechea's surrender of the fort. Helater signed the Turtle Bayou Resolutions, and would be elected BrigadierGeneral of militia. It is not known what further military or politicalstature he would have attained with the outbreak of revolution. JohnAustin died the next year in a cholera epidemic which also took the livesof his two children. 3

Figure 2: Contemporary Artist's depiction of the Battle of Velasco

Parker was one of Stephen Austin's original "Old Three Hundred. An aquaintance of William B. Travis, Parker was a farmer and

n V, " ' l U ' ' ' U I with a record of quarrels. He was listed in 1830 as one of thewho had to comply with the conditions of their grants or have their

sold by the ayuntamiento of San Felipe. 4

first side of the document is signed by three other prominent andpersonalities (see Figure 3). Francis White Johnson (1799-1884)

the document as alcalde, a position he had held for the year 1831.following year, he became a company captain during the battle of

In 1835, Johnson (later photo in Figure 4) was appointedand Inspector General under Stephen Austin and Edward

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Burleson. In 1835, he led a column in the battle for San Antonio, and atBen Milam's death, essentially accepted the Mexican surrender (althoughBurleson would return to assume control again), and became the firstactual Texas-American revolutionary in command of the Alamo. Inspite of opposition from Sam Houston and Governor Henry Smith,Johnson made plans in January, 1836 to invade Mexico at Matamoros. Theill-fated expedition resulted in the capture or death of all but Johnson andfour others. From 1873 to the end of his life, Johnson became the founding

president of the Texas Veterans Association.5

Fignre 3: The Three Signatures Figure 4: Johnson in Later Years

A second signature is that of Nathaniel Townsend (1804-1864), merchantand diplomat for the Republic of Texas. Townsend established a thrivingbusiness in San Felipe de Austin which was burned with the arrival of theMexican anny in March, 1836. After independence, Townsend was namedin 1837 as consul for the Republic of Texas in New Orleans by SamHouston. During the Civil War, he returned to his native New York wherehe died from illness. 6 The last signature is that of Shubael Marsh (?

1868), who was also oneof

Stephen Austin's "Old Three Hundred"colonists. Marsh took the oath of loyalty to the Mexican governmentduring April, 1824 and acquired land in what is now Brazoria County. In1830, he was appointed to collect money to supply an anny to deal with athreat of any Spanish invasion. The same year, he presided as sindicoprocurador over an election at Bolivar. During the era of the Republic, hebecame a Trustee of Independence Female Academy.7

The second legal case, a claim on the other side of the document, is alsowritten in the hand of Travis although not signed by him. It involves a

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claim by a Jabez Barney against Marcelina Mailinar. As with the first case,the document outlines particular amounts claimed and fees(see Figure 5).Once again at the bottom of the document we find Johnson's signature asAlcalde of San Felipe de Austin (Figure 6).

Figure 5: Excerpt from Jabez Barney vs Marcelina Mailina r(Travis' Handwriting)

Figure 6: Johnson's Signature

What Else Does the Document Show?

The document reflects the local governing system in place on the eve ofthe Texas Revolution. Texas had been governed as a department of theMexican State of Coahuila since 1825. A representative of the Governorresided in Bexar, and the major unit of local government in the Mexicancolony became the municipality. The municipality itself might have beennothing more than a conglomerate of a few settlements and thousands of

square miles. It was the main town, such as San Felipe de Austin thatruled the wide areas. The governing council, or ayuntamiento utilized by

Anglo-American settlers combined the functions of city council and

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county commissioners. Presiding over the governing council at San Felipede Austin was the alcalde, in this instance Francis White Johnson, whowielded the authority of mayor, judge, and sheriff in the position.Members of the council, or rigadores, probably included Shubael Marsh,selected as arbitrator by the alcalde, and Nathaniel Townsend., to carryout, the verdict that judgement be rendered up against the defendant ....The sindico, or attorney for the court may have been practiced at a time byMarsh, Townsend and! or Travis. Johnson had the power as alcalde toappoint an alguacil, or law enforcement officer. This position as well, mayhave been held by Marsh at some time. Technically, the alcalde could hearcases, but a Mexican magistrate, called an asesor general, usually locatedat Saltillo, rendered final judgments. Here the the document actually refersthrough terminology, "in favor of', to the judgment as actually havingbeen made. As years went on, the American colonists showed a propensityto render their own decisions and dispense their own justice. Did thesecond case perhaps suggest a on-sided ruling that foreshadowed the manyinstances of bias to come? I t is not known in the the second case to whatdegree were reflected, if any, the potential prejudices, jealousy, orresentments by Anglo-Americans which would come in to fuller play withthe onset of the republic. Of additional historic significance, the documentplaces Townsend in Texas, and particularly San Felipe de Austin during1831. He must have established some degree of prominence to have hadhis name on the document. This early date goes counter to the narrative inThe New Handbook of Texas, which suggests an arrival date forTownsend in Texas around 1834. 8

After Note:

During the difficult times that were emerging, the document supports themaintenance by the colonists of a legal system in the colonies which wasdominated and run by Anglo-Americans who brought their traditions fromtheir homeland. These traditions would run at odds with those of thechanging Mexican political arena, especially as army garrisons became thereal power structure everywhere in Mexico. 9 It was only a matter of timewhen the cauldron boiled over and became unstoppable with the seizure ofSan Antonio and the aforementioned taking o f the Alamo from the

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Mexican General Martin Perfecto de Cos by Francis White Johnson (whowas in command) on December 10, 1835. The Texas revolutionary forcesnow held the two fortresses at Goliad and the Alamo. Mexican soldiers forthe moment were swept from Texas.

Figure 7: Several Depictions of William Barret Travis

moved swiftly as the Mexican forces under the virtual dictator,v " ....w ~ .Antonio Lopez de Santa Anna, moved with a force of over 6000

northern Mexico to put down the rebellion. Travis (Figure 7) would findin the center of these events, and emerged as a Lt. Colonel of

, eventually in command of the Alamo. The second commander ofAlamo, Col. James Neill, had left for family-related reasons. Travis'

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tenuous existence to be affinned the next month at the battle of SanJacinto. 10

NOTES:

1 The document was purchased by Dr. Stan Seidner and is in his possession. Oneof the few examples of a Travis document is the famous Victory or DeathDocument, as shown through the good offices of the Texas State Library andArchives Commission. Below is an excerpt:

, < ~ ~ - - ' "...."r.--..,./r ~ - ~ ~. / ; ~.,;...,.-. ~ , . ; ; ; ~ .#.4: .;;a;;}';....

. . t ; ; ; . . ~p ~ , ? " ".-.t.." . , ....:...~~ v ~ _ t < ? ~ . . . . . , . .",;:;,. ,,;iI::.-- ..... :c" ..-

- - - - : : :

. : r ~ " .~ ~ - . - " : , , - , - ; ; - , , , ; ~ ; ; : ~_ ," ' l . ' ' ' ~ ' ' - ' ' ' : -. ; ; ; . : . ~ ~ ~ ~ ; . . . c ; :- .;e ..;_:.:::.. ~ .

, ; . ~ ? ' ;,?'"iI'",,",:"'''''' . , ~ . . . -~ " " - "~ ~ ( --# " ' ! : " ~" " -- ; O ~/ .

. < ~ _6!,_Z:.....-. , ~ ...... ~ ( .~ -. - '.:-:.. . ~ ,' . .:,..- & ~ " ' . , . ' , -- - .. '"

2For background, see T. R. Fehrenbach, Lone Star: A History o f Texas an d theTexans, 1991, especially pp. 164-171; also R. Borroel, The Texas Revolution,1973; Gifford White, 1830 Citizens o f Texas, 1983; D. G. Wooten, AComprehensive History o f Texas, (reprint) 1986, vol. 1; W. B. Travis, Diary,1966; N. Smithwick, The Evolution o f a State or Recollections o f Old TexasDays, 1900. G. A. Adair, Texas, It's History, 1954.

3 R. Tyler (editor-in-chief), The New Handbook o f Texas, 1996; 1. A. Creighton,A Narrative History o f Brazoria County, 1975; E. Rowe, "The Disturbances atAnahuac in 1832", Quarterly o f the Texas State Historical Association, vol. 6,April, 1903.

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4 Tyler, Op. Cit .. ; Smithwick, Op. Cit.; Daughters of the Republic of Texas,Founders an d Patriots o/the Republic o/Texas , 1963.

5Fehrenbach,Op. Cit.; F. Johnson, A History o/Texas and Texans, 1916; TexasHouse of Representatives, Biographical Directory o/ the Texan Conventions an dCongress, 1832-1845. 1941.

6Tyler, Op. Cit.; A. D. Pickrell, Pioneer Women in Texas, 1929; A. H. Brown,"The Consular Service of the Republic of Teas", Southwestern HistoricalQuarterly, vol. 33, January, April, 1930.

7G. Greaser, The Seed Colony o/Texas, 1999; Tyler, Op. Cit., W. S. Ray, AustinColony Pioneers, 1949; E. L. Blair, Early History o/Grimes County, 1930.

8 Tyler, Op. Cit ..; Fehrenbach, Op. Cit.; W. C. Binkley, The Texas Revolution,1952; J. Long" Duel 0/ Eagles,. 1991; R. Borroel, The Texas Revolution 0/1836,1990; V. Filisola, Memoi rs/or the History o/ the War in Texas, 1985-1987; D.McDonald and T. Matovina, De/ending Mexican Valor in Texas: Jose AntonioNavarro's Historical writings, 1853-1857, 1995.

9 Fehrenbach, Op. Cit.; R. R. Olivera and L. Crete, Life in Mexico under SantaAnna, 1822-1855, 1991; C. E. Castaneda, The Mexican side 0/ the TexasRevolution, 1988; G. Cantrell, Stephen F. Austin Empresario o/Texas, 1999; P.D. Lack. The Texas Revolutionary Experience: A Political and Social History/835-1836, 1992; A. Barr,. Texans in Revolt :The Battle /or San Antonio, 1835,1990.

10 Long, Op. Cit.; R. G. Santos, Santa Anna's Campaign against Texas: 1835-1836, 1982; S. L. Hardin, Texian Iliad: A Military History 0/ the TexasRevolution: 1835-1836, 1996; L. Tinkle, Thirteen Days to Glory, 1985;.W. Lord,

Time to Stand, 1961; J. E. de la Pena, With Santa An a in Texas: A PersonalNarrative 0/ the Revolution, 1997; A. L de Santa Ana, The Eagle:AUltob,io/l,raphv. 1988; T. M. Matovina, The Alamo Accounts: Tejano Accounts

Perspectives, 1995; J. W. Pohl, The Battle 0/ San Jacinto, 1989; also ofis J. F. de la Teja, ed., A Revolution Remembered: The Memoirs and

: " e l j ~ c t e ' dCorrespondence 0/ Juan N. Seguin, 1991.

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Documents

Travis Document by Seidner_MayJune 2000