Texas as a Province and Republic 1795-1845 Author Index



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Reel: 13
Coahuila and Texas (Mexican state). Laws. (April 19, 1834).

[Decree No. 278 of the Congreso constitucional promulgated on April 19, 1834, by Governor Vidaurri y Villaseñor, authorizing the Governor to distribute four hundred sitios of vacant land to pay soldiers for the protection of citizens from hostile Indians].

[Monclova]. [1834]

806; [Dated and signed at end:] Dado en la Ciudad de Monclova á 19 de Abril de 1834. Francisco Vidaurri y Villaseñor. José Miguel Falcon, Secretario.; Broadside. 30.5 x 21 cm.; With heading: Gobierno Supremo del Estado libre de Coahuila y Tejas. I have included this decree in the bibliography as it was under it that Williams, Peebles, and F.W. Johnson obtained their four hundred league grant which played such a prominent part in the later controversies in Texas over land grants. Dr. Barker in his classic article, "Land Speculation as a Cause of the Texas Revolution," (Texas Historical Association Quarterly, Vol. X, p. 76-95) devotes over two pages, pages 79-82, to a discussion and partial translation of this decree; and Rupert N. Richardson in his authoritative article, "Framing the Constitution of the Republic of Texas," Southwestern Historical Quarterly, Vol. XXXI, p. 191-220, where pages 198-207 are devoted to "The Land Question," comments at the end of that section on the inconsistency of the Convention in invalidating grants under the Coahuila and Texas decree of March 14, 1835, see entry No. 821, while it let stand the large grant made to Peebles and Johnson under the act of April 19, 1834.; Kimball, p. 270.; Locations: TWS.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (April 24, 1828).

[Decree No. 51 of the Congreso constitucional, dated April 24, 1828, Rules for the Internal Administration of the Supreme Tribunal of Justice].

[Leona Vicario]. [1828]

729; Castañeda's Report on the Spanish Archives in San Antonio, Texas, San Antonio, 1937, lists a copy of this in manuscript at page 138. A similar manuscript copy at Yale has been filmed to provide the text, since Kimball gives only the title. No copy located, but entered from listing by title in Kimball, p. 102.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (April 26, 1834).

[Decree No. 283 of the Congreso constitucional, promulgated April 26, 1834, by Governor Vidaurri y Villaseñor, establishing the municipality of San Patricio with its capital in the town of that name, the municipality of Mina with its capital in the new town of Mina, and transferring the capital of the municipality of Brazoria from Brazoria to Columbia].

[Monclova]. [1834]

807; [Dated and signed at end:] Dado en la Ciudad de Monclova á 26 de Abril de 1834. Francisco Vidaurri y Villaseñor. José Miguel Falcon Secretario.; Broadside. 31 x 21.5 cm.; With heading: Gobierno Supremo del Estado libre de Coahuila y Tejas. San Patricio was the town founded on the north side of the Nueces River by members of the McMullen and McGloin colony. Mina was on the Bexar-Nacogdoches road where it crosses the Colorado River. It is shown first in the 1836 Austin map of Texas, where it is the farthest west town on the Colorado; indeed only one other town, Montezuma, is shown in that map on the river west of Matagorda. The town was renamed Bastrop in December, 1837.; Kimball, p. 274.; Locations: DLC. TxSa-Court House. TxU. TWS.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (April 30, 1835).

[Decree No. 308 of the Congreso constitucional, promulgated on April 30, 1835, by Governor Viesca, authorizing Samuel M. Williams to establish a bank in the department of Brazos to be called the "Commercial and Agricultural Bank"].

[Monclova]. [1835]

822; [Dated and signed at end:] Dado en la ciudad de Monclova á 30 de abril de 1835. Agustin Viesca. J. Mariano Irala. Secretario.; Broadside. 32 x 22.5 cm.; With heading: Gobierno Supremo del Estado libre de Coahuila y Texas. This decree is entered, though printed in Kimball, as it marks the first step in the establishment of a bank in Texas. In a joint resolution, approved December 10, 1836, the First Congress of the Texas Republic recognized this charter by authorizing the appointment of a commissioner "for the purpose contemplated in the 10th article of the charter of the Bank of Agriculture and Commerce granted to Samuel M. Williams by the legislature of the state of Coahuila and Texas, in April, 1835." Williams finally opened the Commercial and Agricultural Bank at Galveston on December 30, 1847 (Article on Williams in the Southwestern Historical Quarterly for October, 1952, Vol. LVI, p 208). Gouge in the Fiscal History of Texas, Philadelphia, 1852, has various references to the bank and comments on pages 233-234 that though the state constitution of 1845 provided that "no corporate body shall hereafter be created, renewed, or extended, with banking or discounting privileges," yet "through some mysterious means, the Commercial and Agricultural Bank has been brought into operation." Suit to compel closing of the bank was started in 1852, which resulted in the closing of the bank in 1859.; Kimball, p. 296.; Locations: Tx. TxSa-Court House. TxU. Saltillo-AHE. TWS.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (April 30, 1835).

[Decree No. 308 of the Congreso constitutional, promulgated on April 30, 1835, by Governor Viesca, authorizing Samuel M. Williams to establish a bank in the department of Brazos to be called to "Commercial and Agricultural Bank"].

[Monclova]. [1835]

822A; The text [of entry No. 822] in English.; [Monclova. 1835.] Broadside. 26 x 20 cm.; With heading: Supreme Government of the State of Coahuila and Texas.; Locations: TxGR.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (August 30, 1834).

[Decree, not in Kimball, of the standing deputation of Congress, convened with the council and other members of Congress present in the capital, promulgated August 30, 1834, saying that the present governor, Vidaurri y Villaseñor, is removed from office because of his infirmities and the office entrusted to Juan Jose Elguezabal, and that to save the state from anarchy it should follow the wishes of the majority of the states of the Mexican Federation and recognize as national the movement to repeal laws for ecclesiastic reforms].

[Monclova]. [1834]

811; [Dated and signed at end:] Dado en la ciudad capital de Monclova á 30 de Agosto de 1834. Juan José Elguezabal J. Antonio Padilla. Secretario.; Broadside. 30.5 x 21 cm.; With heading: Gobierno Supremo del Estado libre de Coahuila y Tejas. Barker says in his Life of Austin (p. 467) that this action of "the ayuntamiento of Monclova, three deputies, and two members of the executive council," in setting aside Villaseñor, the constitutional acting governor, and setting up a military man in his place was without a shadow of authority, but was probably done by the Monclova faction as a defense against Saltillo, which on July 19 had come out for Santa Anna, set up a rival governor, and declared void all laws passed by the legislature since the removal of the capital from Saltillo. Elguezabal was an army officer who, like his father before him, was an adjutant inspector of the presidios of Coahuila and Texas. In settling the controversy between the cities of Saltillo and Monclova (see Elguezabal's proclamation as governor of December 16, entry No. 800), Santa Anna continued him in office until elections could be held. On the election of Agustin Viesca as governor, Elguezabal resigned the office, somewhat unwillingly it is said, on March 12, 1835. Though the entry here is explicit in saying that Vidaurri y Villaseñor was removed from office on August 30, 1834, and Elguezabal put in his place on that day, the Actas for 1832-1834 are also explicit at page 77 in saying he was removed from office by the permanent deputation on July 23, 1834. I think the Actas should be followed.; Locations: TWS.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (February 21, 1826).

[Decree No. 21 of the Congreso constituyente, passed February 20, 1826, and promulgated on February 21 by Rafael Gonzales, Governor ad interim].

[Saltillo]. [1826]

710; [Dated and signed at end:] Saltillo 21. Febrero de 1826. Rafael Gonzales.; 4-page folder printed on page [1]. 31 x 21.5 cm.; With heading: Gobierno Supremo del Estado Libre de Coahuila y Texas. This arbitrary decree, though given in full in Kimball, who erroneously dates it February 26, 1826, is entered here as the earliest example known to me of a publication of the State of Coahuila and Texas in its original printing. The famous Law of Colonization, Decree No. 16, was passed March 24, 1825, but it was not printed in Mexico, as far as we know, until 1828, and no original printed copies of the other first twenty decrees of the state are known. Decree No. 20 was dated August 31, 1825. As mentioned in the note to the Coahuila and Texas Lista Que Manifiesta [Saltillo, 1825], entry No. 704, the press sent to Saltillo by Ramos Arizpe did not get into operation until early in November, 1825. For the occasion of this decree and its consequences see note to Manifiesto del Congreso, entry No. 707.; Kimball, p. 33.; Locations: TxSa-Court House. TxU. TWS.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (February 4, 1829).

[Decree No. 73 of the Congreso constitucional, passed February 4, 1829, and promulgated the same day by Governor Viesca, granting the presidio of la Bahia del Espiritu Santo, in the department of Bexar, the title of Villa with the name of Goliad].

[Leona Vicario]. [1829]

741; [Dated and signed at the end:] Leona Vicario, 4 de Febrero de 1829. José Maria Viesca. Santiago del Valle Secretario.; Broadside. 21 x 15.5 cm.; With heading: Gobierno Supremo del Estado Libre de Coahuila y Texas.; Kimball, p. 112.; Locations: Tx. TxSa-Court House. TxU. Saltillo-AHE. TWS.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (January 13, 1834).

[Decree of the Congreso constitucional, not in Kimball, promulgated on January 13, 1834, by Francisco Vidaurri y Villaseñor, "regulating the civic militia in the proportion of one for every hundred souls, agreeably to the census of the towns of the state"].

[Monclova]. [1834]

802; [Dated and signed at end:] Dado en la Ciudad de Monclova á 13 de Enero de 1834. Francisco Vidaurri y Villaseñor. José Miguel Falcon. Secretario.; Broadside. 31.3 x 21.7 cm.; With heading: Gobierno Supremo del Estado libre de Coahuila y Tejas. This decree, not entered in Kimball, primarily relates, as stated in the entry, to reducing the size of the civic militia, the provisions of the decree of June 23, 1828 (entry No. 731), not inconsistent with this decree, being confirmed. Evidently the Legislature, which was strongly Federalist in its opinions, on second thought decided that this was too great a reduction in the state militia and accordingly in less than a fortnight suspended the decree from going into effect (Decree 249 of January 25, entered in Kimball). On May 6, 1834, the state Congress passed a Reglamento para la milicia civica, entered in Kimball only by title (entry No. 809 here). This Reglamento limited the size of the militia to one soldier out of each hundred in the population, with various loopholes for increasing the number, and on June 26 the Congress in an unnumbered decree (Kimball, p. 279) authorized the Governor to organize the state militia in such numbers "as he shall deem proper for the defense of the Federal institutions."; Locations: TxU. Saltillo-AHE. TWS.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (January 20, 1831).

[Decree No. 162 of the Congreso constitucional, not in Kimball, passed January 19, 1831, and promulgated on January 20 by Governor Viesca, repealing Decree No. 90 which established a personal income tax].

[Leona Vicario]. [1831]

767; [Dated and signed at end:] Ciudad Leona-Vicario a 20 de Enero de 1831. José Maria Viesca. Santiago del Valle Secretario.; Broadside. 20.5 x 15 cm.; With heading: Gobierno Supremo eel [sic] Estado de Coahuila y Tejas. This repeal of the state income tax law, passed in May, 1829, is entered here as it is of some importance and is not recorded in Kimball.; Locations: Tx. TxSa-Court House. TxU.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (January 22, 1829).

[Decree No. 70 of the Congreso constitucional, passed January 13, 1829, and promulgated on January 22 by Governor Viesca, providing that lands acquired under federal or state colonization laws "shall not be subject to the payment of debts contracted previous to the acquisition of said lands"].

[Leona Vicario]. [1829]

740; Dated and signed at end:] Leona Vicario, 22 de Enero de 1829. José Maria Viesca. Santiago del Valle Secretario.; Broadside. 21.5 x 15.6 cm.; With heading: Gobierno Supremo Estado Libre de Coahuila y Texas. This decree, though printed in Kimball, is included here because of its importance. Barker in his Life of Austin discusses it at considerable length at pages 221-227, saying at page 227, "This statute constituted, of course, a sweeping homestead law ... It gave place [on] January 26, 1839, to the better known, but not more effective, act of Lamar's administration, which has been regarded as the foundation of the successive homestead exemption laws that have ruled in Texas since that day and as the prototype of a goodly progeny in other states." Miss Lena London in her article, "The Initial Homestead Exemption in Texas," in the Southwestern Historical Quarterly for April, 1954, Volume LVII, does not go as far as Dr. Barker and points out, at page 441, that this Decree No. 70 was a forerunner of homestead exemption rather than a homestead law in that while it exempted land from obligations acquired prior to its acquisition, it did not exempt such lands from debts incurred after their acquisition. Article 3 of the law provides in its first printing in broadside form that after twelve years of legal possession, colonists may be sued, but their lands, implements of husbandry, and tools of their trade or machines shall be exempt. As published in Kimball, this is modified by saying that though the debts may be demanded after twelve years they need only be paid "in fruits or money in a manner not to affect their attention to their families, to their husbandry, or art they profess." After being effective for a little over two years this important law was repealed on April 8, 1831, by Decree No. 173, which merely states, "Decree No. 70, issued on the 13th of January, 1829, is hereby repealed." It would be interesting to learn the reason for this repeal.; Kimball, p. 110.; Locations: Tx. TxSa-Court House. TxU. Saltillo-AHE. TWS.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (January 31, 1831).

Alcance al Num. 25. del Noticioso del Puerto de Matamoros. [Reprint, with a translation into English, of decrees of the Congreso constitucional, No. 18, September 15, 1827, relating to slavery, and No. 164, January 31, 1831, relating to the division of the Department of Bexar into two districts].

[At end:] [Matamoros 23 de mayo de. -- Imprenta á cargo del C. Vicente de la Parra. 1831

766; 4-page folder printed on first [3] pages, text in Spanish and English in parallel columns. 31.8 x 21.9 cm.; Possibly this publication in a newspaper extra at Matamoros in May, 1831, of the law of the State Congress on slavery passed nearly four years before had some relation to efforts being made by Austin early in 1831 to have the Mexican government relax its legislation against the importation of slaves into Texas. On this see Barker's article, "Influence of Slavery in the Colonization of Texas," in the July, 1924, issue of the Southwestern Historical Quarterly, Volume XXVIII, at page 27. I know of no contemporary copy of Decree 18, which this extra reprints. For Decree 164 of January 31, 1831, see entry No. 768.; Kimball, p. 78 and p. 171.; Locations: TxU. TWS.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (January 31, 1831).

[Decree No. 164 of the Congreso constitucional, passed January 31, 1831, dividing the Department of Bexar into two districts and providing for the administration of the eastern district, which is to be called District of Nacogdoches].

[Leona Vicario]. [1831]

768; [Dated and signed at end:] Ciudad de Leona Vicario 31 de Enero de 1831. José Maria Viesca. Santiago del Valle Secretario.; 4-page folder printed on page [1-2]. 21 x 15.3 cm.; With heading: Gobierno Supremo del. Estado de Coahuila y Tejas. Though this decree, dividing the Department of Bexar into two districts, is published in Kimball it is entered here because of its importance in the history of Texas. The line dividing the two districts was between the San Jacinto and Trinity rivers, to the headwaters of the San Jacinto, then along the dividing ridge between the Brazos and the Trinity to the Trinity headwaters, and then to the Red River. The town of Nacogdoches was to be the capital. No change was made in the boundaries of the Department of the Nacogdoches when the Department of the Brazos was set up by Decree 270 on March 18, 1834, entry No. 804. Though Decree 164 was promulgated January 31, 1831, no political chief had been appointed when on May 6, 1833, Decree 243 authorized the appointment to that office of a person not a resident of the new district.; Kimball, p. 171.; Locations: Tx. Tx-LO. TxSa-Court House. TxU.



Reel: 13
Coahuila and Texas (Mexican state). Laws. (June 15, 1827).

Reglamento para el Gobierno Economico Politico del Estado Libre de Coahuila y Tejas.

Monterey de Nvó. Leon. En la imprenta del gobierno, á cargo del ciudadano Lorenzo Antonio de Melo. 1827

719; [Dated and signed at end:] Saltillo, 15 de Junio de 1827. Ignacio de Arizpe. Juan Antonio Padilla, Secretario.; 42 p. 15 cm. Plain paper wrappers.; This decree, Number 37, given only by title in Kimball, defines the powers and duties of the governor, governor's council, secretary of state, chiefs of departments and of districts, ayuntamientos, and finally of commissioners of police. The final article, 161, repeals Decree 13 of the Constituent Congress which provided for a Political Chief of Texas and Decree 19 of the same congress which stated the duties and the like of the Governor and his Council and Secretary. Barker in his Life of Austin summarizes this law at pages 210 212 and in his "Government of Austin's Colony, 1821-1831," Southwestern Historical Quarterly for January, 1918, Volume XXI, at page 243, refers to a translation of it by Austin in the Texas Gazette for October 31, 1829. It should be noticed that this decree was printed at Monterrey and not at Saltillo, indicating that there was no press at this time in Saltillo. The decree was reprinted in Saltillo in 1869, Imprenta del Gobierno por Miguel M. Pepi, in a pamphlet of 39 pages (copy in my collection).; Kimball, p. 59, by title only.; Locations: CtY. TxU.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (June 22, 1827).

Ley Reglamentaria para la Administracion de Justicia … Leona Vicario, 1831.

See entry No. 720.
Coahuila and Texas (Mexican state). Laws. (June 22, 1827).

Ley Reglamentaria para la Administracion de Justicia en el Estado de Coahuila y Tejas.

Monterey de Nuevo Leon. Imprenta del gobierno à cargo del ciudadano Lorenzo Antonio de Melo. 1827

720; [Dated and signed at the end:] Saltillo 22 de junio de 1827.--Ignacio de Arizpe--Juan Antonio Padilla Secretario.; 36 p. 14.5 cm.; Kimball, p. 60, by title only.; This decree, Number 39, is given only by title in Kimball. The 1831 edition is a word for word reprint of the original decree passed June 22, 1827, with six footnotes added, at pages 14, 15, 17, 18 and 19, indicating either a repeal of this or that part of the decree as first passed or calling attention to some later decree. The decree, as the title indicates, sets forth the law of the time in Coahuila and Texas applying to suits for small or larger amounts before an alcalde who was to be assisted by two laymen, one chosen by each party to the dispute. With its provisions for higher courts and the like it is of great interest and might well be the subject of an article in the Southwestern Historical Quarterly. The printing of this document of Coahuila and Texas on a press in another state is perhaps due to the shortage of type at the press at Saltillo, which resulted, as stated in the note to Lista que Manifiesta, entry No. 704, in the Constitution adopted March 11, 1827, being printed at Mexico City. David B. Edward in his History of Texas, Cincinnati, 1836, prints an English translation at pages 160-162 eighteen sections of this law, but I know of no other reprinting, except in the 1831 edition listed above. The Leona Vicario in the imprint of the republication of 1831 was formerly Saltillo, the name having been changed, according to Leduc, in the fall of 1827. Through the year 1835, the references here are usually to Leona Vicario, but by 1840 they are again to Saltillo.; Locations: TxU.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (June 22, 1827).

Ley Reglamentaria para la Administracion de Justicia en el Estado de Coahuila y Tejas, con las notas correspondientes sobre la variacion que se ha hecho á algunos de sus articulos.

Leona-Vicario. Reimpresa en la oficina del gobierno á cargo del [sic] ciudadano Antonio Gonzalez Davila. 1831

720A; Another edition [of entry No. 720]; 30 p., errata [1] p. 15 cm.; This decree, Number 39, is given only by title in Kimball. The 1831 edition is a word for word reprint of the original decree passed June 22, 1827, with six footnotes added, at pages 14, 15, 17, 18 and 19, indicating either a repeal of this or that part of the decree as first passed or calling attention to some later decree. The decree, as the title indicates, sets forth the law of the time in Coahuila and Texas applying to suits for small or larger amounts before an alcalde who was to be assisted by two laymen, one chosen by each party to the dispute. With its provisions for higher courts and the like it is of great interest and might well be the subject of an article in the Southwestern Historical Quarterly. The printing of this document of Coahuila and Texas on a press in another state is perhaps due to the shortage of type at the press at Saltillo, which resulted, as stated in the note to Lista que Manifiesta, entry No. 704, in the Constitution adopted March 11, 1827, being printed at Mexico City. David B. Edward in his History of Texas, Cincinnati, 1836, prints an English translation at pages 160-162 eighteen sections of this law, but I know of no other reprinting, except in the 1831 edition listed above. The Leona Vicario in the imprint of the republication of 1831 was formerly Saltillo, the name having been changed, according to Leduc, in the fall of 1827. Through the year 1835, the references here are usually to Leona Vicario, but by 1840 they are again to Saltillo.; Locations: TWS.



Reel: 12
Coahuila and Texas (Mexican state). Laws. (June 23, 1828).

... Reglamento de la Milicia Nacional Local, del Mismo Estado. [Decree No. 58 of the Congreso constitucional, passed May 14, 1828, and promulgated on June 23 by Governor Viesca].

[Leona Vicario]. [1828]

731; [Dated and signed at end:] Leona Vicario 23 de Junio de 1828. José Maria Viesca. Juan Antonio Padilla Secretario.; [10] p. 30 cm.; With heading on p. [1]: Gobierno Supremo del Estado Libre de Coahuila y Tejas. Austin regarded this long decree in 117 articles as of enough importance to translate for numbers one and two of the Texas Gazette in the fall of 1829, the only copies known of those two numbers being in my collection, and to issue it at that time as a separate (see entry No. 16), of which copies are only known in the collection of the University of Texas and in my collection. It is listed by title only in Kimball and it is not in Gammel. The parts relating to Texas include a provision that one battalion of infantry, one squadron and one separate company of infantry shall be formed in Texas (Article 10), and that the battalion shall be formed at Austin and Nacogdoches, the squadron at Bexar, and the separate company at Goliad (Article 13). In Austin's translation into English in the Texas Gazette he adds explanatory notes from time to time, one of which at the end of Article 13 reads: "Note--By a subsequent arrangement, the battalion of Austin and Nacogdoches has been separated and a battalion formed in each." Article 14 provides that this Texas force shall be increased as the Empresarios introduce settlers under their contracts. This 1828 law was amended in some particulars in Decree 59 of September 20th, 1828, listed in Kimball, and early in 1834 by a decree not entered in Kimball, entry No. 802, and in May, 1834, by a new Reglamento, entry No. 809, entered in Kimball only by title.; Kimball, p. 104, by title only.; Locations: TxSa-Court House. TxU. TWS.


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