Manuscript DS signed “W. Barret Travis, Secretary” four pages on two adjoining sheets, 8 x 9.75, February 7, 1834. In full: “To his Excellency the Governor of the State of Coahuila & Texas. The Ayuntamiento of the municipality of Austin with respect, represents That on the 5th of February 1834, Sterling C. Robertson with whom we are well acquainted claiming to be the agent for a member of the Nashville company of the State of Tennessee, one of the United States of the north, petitioned this body—praying that they would consider the conditions & situation of said company—in relation to the contract made by it and the state government for the colonizing of a grant of Land in the Province of Texas, originally granted to Robert Leftwich—and confirmed to said company by the free State of Coahuila & Texas. This Ayuntamiento having in accordance with the prayer of the said petitioner, examined the facts and testimony presented to them, and having maturely examined and considered the question of the right of the Nashville company to colonize said Grant, Report to you as follows, and herewith transmit the testimony introduced before them.
Resolved, by this Ayuntamiento, that from the facts laid before us by Sterling C. Robertson in relation to the Nashville company that they are of opinion, that said contract was never forfeited by the Nashville company. That anterior to the passage of the Law of the 6th of April 1830, the aforesaid Sterling C. Robertson had introduced for the purpose of establishing or settling in the Nashville colony at least one hundred families, which in our opinion under article 8th of the colonization Law of March 24th 1825 of the state was a saving of the contract so far as related to the one hundred families thus introduced.
Resolved that, this Ayuntamiento one of opinion that when the Law repealing the 11th article of the Law of the 6th of April 1830 shall shall [sic] take effect that said company will have the right of completing said contract written the term of one year from the repeal of the article of the Law aforesaid in as much as by effect or operation said article was opposed to said contract and the aforesaid S. C. Robertson positively prohibited by order of His Excellency General Manuel de Mier y Teran of Texas…he had already introduced.
Resolved, that the Zeal, industry and continuing perseverance of Sterling C. Robertson in endeavoring to settle the Nashville Colony is a matter of general & universal admiration, and we are further satisfied that a very large majority of the people of Texas, anxiously desire that he should be recognized as the Empressario of said Colony. This Ayuntamiento in conclusion would respectfully request that considering the active condition of the colony, and the uncertaintly that continues to exist when titles will be made to these people referred to—that your Excellency will appoint a commissioner to make titles to the settlers of said Nashville Colony, so soon as the convenience of your Excellency will permit, and that your Excellency, considering of the various matters contained in this memorial, will be pleased to act and direct, as to you may seem just & proper and as the interests of the parties concerned may seem to require.” Signed at the conclusion by Travis, with an Austin stamp under his signature. Also signed at the conclusion, “R. M. Williamson, Prest,” and docketed “Exhibit C Representations of the Ayuntamiento of Austin to the Governor in relation to Robertson’s right to colonize etc.”
Partial separations along horizontal mailing folds, irregular overall moderate toning, not affecting legibility, small areas of paper loss along hinge, small circular area of paper loss to last page affecting a portion of a single word, and light show-through from writing on reverse, otherwise very good condition.
This extraordinary legal document underscores the legal and political tensions that were prevalent between Mexican authorities and Anglo-American colonists. The petition’s subtext accentuates the risks associated with early Texas and the sometimes arbitrary nature of Mexican authorities’ actions. The decision based on Travis’ argument would also directly contribute to Santa Anna’s subsequent move to revoke the Constitution of 1824, putting him and Travis on a collision course that would culminate in Travis’ martyrdom at the Alamo and eventual Texan independence. In 1822, Sterling Robertson was one of the 70 stockholders who received Mexican government permission to settle in Texas. In 1825, he set out from Nashville to explore and survey Robert Leftwich’s grant. In the spring of 1830 Robertson obtained the authority to introduce 200 families. Upon arriving in Texas, however, he and several other would-be colonists were prevented from settling because of the Law of April 6, 1830. The thwarted empressario was subsequently outmaneuvered by Stephen Austin, whose adjacent colony absorbed Robertson’s territory. Travis, in making his client’s case, alleges that Robertson was wrongly denied his right to settle families in his colony, having been “positively prohibited by order of His Excellency General Manuel de Mier y Teran,” a Mexican official who was alarmed by the growing number of Anglo-American settlers. In 1830, President Bustamante appointed Teran Commandant General of the Eastern Interior Provinces; in considering Robertson’s request to settle additional families in his colony, Teran took a broad view of the 1830 immigration law. In this document, Travis argues that Robertson had declared his intentions to settle his colony prior to the passage of the 1830 immigration law, that he was in compliance with article 8 of the 1825 law, and that there was no justifiable ground to deny him his right to colonize the territory. As a result of this petition, Robertson prevailed and served as the colony’s empressario in 1834 and 1835. An even more far-reaching result was Santa Anna’s subsequent decision to revoke the Constitution of 1824, as he was infuriated by the decision and upset by the immensity of Anglo immigration to Texas—his reaction would set in motion a chain of events that ultimately ignited the Texas Revolution. As a fitting postscript to this episode, Robertson would sign both the Texas Declaration of Independence and the Constitution of the Republic of Texas. An outstanding document illustrating Travis’ prowess as a lawyer…and how his legal adroitness helped precipitate the Texas Revolution. The Robert Davis Collection, read more about Robert Davis. Pre-certified John Reznikoff/PSA/DNA and RR Auction COA.
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