In their efforts to civilize and christianize the Indians of Texas, and to hold it against the encroachments of the French, the Spaniards employed three instrumentalities: the mission, the presidio, and the civil settlement. These were tried, not all together at the outset, but successively, in the order mentioned, in accordance with the demands of circumstances. The development of the plans for the colonization of Texas was further affected by the fact that these plans were worked out by two different agencies—the government and the missionaries—who responded in inverse order to the two motives that have been indicated. To the government the thing of prime importance was the keeping back of the French; while the efforts of the padres were directed mainly toward the spread of the catholic religion and the elements of civilization among the Indians. Each was, however, affected by the special motive of the other; and, as a rule, they worked in more or less hearty co-operation. This will be made clear by a brief summary of the early efforts of the Spaniards to occupy Texas, showing the operation of the motives and the use made of the instrumentalities already named.
The missionaries having heard of the rich and fertile country of the Texas, 2 became interested in the conversion of its inhabitants as early as 1683; and they tried, though without avail, to secure the co-operation of the government for this purpose. The project of Peñalosa for the conquest of Quivira, which, according to reports, lay next to the country of the Texas, whose inhabitants were of a superior character, brought the matter still more prominently before the government. These two circumstances together with reports, which reached the City of Mexico in 1684, of the coming of the French to settle on the Gulf of Mexico, finally forced the Spaniards to action. The government at once fitted out a series of expeditions both by land and by sea to find and expel these intruders. The third of the land expeditions (1689) succeeded in reaching the French settlement which was located on la Bahía del Espíritu Santo; but found that all of the intruders, with the exception of a few scattered among the Indians, had died either by disease or by violence at the hands of the savages. While trying to find some of the French who had escaped, the Spaniards, who were encamped on the Guadalupe River, were visited by the governor of the Texas Indians accompanied by eight of his men. A missionary, Padre Manzanet, who is to be remembered as the originator of mission work in Texas, had joined the expedition; and, judging from what he saw of these Indians that they were tractable, 3 he was filled with the desire to attempt their conversion. The fact that the Indians themselves requested that missionaries should be sent to them encouraged him in this undertaking. The military commander of the expedition, Alonso de León, having made a favorable report of these Indians to the viceroy, sent to the College of Querétaro 4 to ask for missionaries to begin this great work. Padre Manzanet, together with three religious from the College of Querétaro appointed to assist in the undertaking, joined a party of soldiers, under the leadership again of De León, which was sent out in 1690 to find any Frenchmen that might still be remaining in the country, and to assist in the inauguration of the mission movement. For the time, the mission was regarded as sufficient for the purposes of both the government and the padres, although De León suggested in a report to the viceroy that presidios be established along the route from Coahuila to the country of the Texas. At San Francisco de los Texas, which was the first mission founded in Texas, and the only one established by this expedition, 5 three soldiers were stationed as a guard. This was in accordance with the viceroy's instructions to the effect that no large force should be left in the country unless the Texas Indians proved dangerous; and, in that event, only the number asked for by Padre Manzanet. De León insisted on leaving a force of fifty men to guard the mission. Padre Manzanet, however, considered this entirely unnecessary and even unwise; but he consented that three soldiers should remain. The objective point of this expedition was the country of the Texas Indians, because it was among them that the outlook for missionary work seemed most promising. In the course of the advance of the French up Red River this district became the north-eastern frontier of Spanish occupation. The bay of Espíritu Santo, where the French had been first discovered, was, for the time, neglected. The advantages of the locality which later became the center of Spanish attention, and was known as Béxar (San Antonio) had not yet been recognized by the government, and it was left meanwhile unoccupied and nameless. 6
The next year, encouraged by the work among the Indians, the government sent out another expedition under the leadership of Don Domingo Terán the purpose of which was to found missions, to see if there were any foreigners—especially French—in Texas, and to explore the country. With Terán went Padre Manzanet, four Observants, four Barefooted Friars, and two other Franciscans from the College of Querétaro.. 7 The government was willing to encourage the work of the padres, as it fully realized the importance of Texas for the purpose of resisting French invasion. Upon Terán's return to Coahuila, he left only ten men and one corporal to guard the two missions, San Francisco and Santísimo Nombre de María. Again the eastern frontier alone was guarded. Both the Texas and the Cadodachos Indians were to be Christianized. 8
The padres experienced great difficulties in dealing with the savages—the Texas Indians even declaring that they were tired of the Spaniards. The government furnished no aid; and in 1693, the missionaries were forced to abandon the country. Nothing further was done toward its occupation for over twenty years, although the padres, who by this time, had come to realize that soldiers were needed to enable them to convert the Indians, were urgent in their request for troops. 9
In 1715, the entrance of Saint Denis, who had been sent out from Louisiana by Cadillac, at the instance of Antoine Crozat, to establish commercial relations with Texas, aroused the government to action. It dispatched under Domingo Ramón an expedition whose object, again, was to found missions to serve the double purpose of keeping back the French and of christianizing the Indians. The College of Zactecas, which had been founded at the beginning of the century, sent out with Ramón eight representatives. Their number was strengthened by the addition of five missionaries from Querétaro. Mission San Francisco was re-established about four leagues to the east of its original location, while three new missions, Purísima Concepción, Nuestra Señora de Guadalupe, and San Joseph, were founded—the first among the Asinais Indians, the second among the Nacogdoches, and the third among the Nazones. Ramón founded also a presidio in the Texas country. These establishments, as will be seen, were all placed on the eastern frontier where, it was thought, lay the great danger of French invasion. Ramón left only twenty-five soldiers in Texas, but was of the opinion that at least twenty-five more were needed. Although he saw the necessity for a larger force of soldiers, and reported that the missionaries were practically helpless without this guard, some aggressive move on the part of the French was needed before any action could be expected from the government. 10
The last missions founded during this period 11 were Santísima Virgen de los Dolores and San Miguel de los Adaes. These were established by Padre Margil, the most prominent representative from the College of Zacatecas, as Padre Espinosa was from that of Querétaro. These two missions were also placed on the eastern frontier. No soldiers were left at either. Until this time, with the exception of Santísimo Nombre de María, all missions in Texas had been founded in the course of some military entrada and under government direction. The detachments of soldiers left by these successive expeditions numbered respectively three, ten, twenty-five. It seems to have been the policy of the government to increase the number, 12 even though it could not be done adequately.
With the year 1718 came a change of policy. The government having realized that the mission alone was ineffectual, placed all three of the instrumentalities in operation together. French encroachment again furnished the motive for an attempt to occupy Texas. In 1716 and 1717, the padres had reported that there was danger from the French on the eastern frontier; and, as a means of warding it off, they had planned to found a mission among the Cadodachos. They had asked for fifty men to be settled here as well as for fifty to be placed in the country of the Texas. Reports of the projects of the French for settling Bahía del Espíritu Santo had increased the fear of the Spaniards that the whole country would be overrun, and its trade monopolized. It was, therefore, thought wise to guard the threatened points.
In November, 1716, the fiscal advised several measures. A mission was to be founded among the Cadodachos Indians. A permanent settlement was to be formed in the Texas country, and mission work among these Indians continued. A mission that Padre Olivares had planned to establish on the banks of the San Antonio River was, by all means, to be founded since it could be used to prevent invasion through Bahía del Espíritu Santo, and as a connecting link between this bay, when settled, and the country of the Texas. A place was to be selected as headquarters for the missions on the eastern frontier, and to be fortified with moated houses of stone (casas de piedra fuertes). 13 This was to be used as barracks for the soldiers until a presidio supplied with artillery might be founded. The building of the presidio and the settlement of Bahía were to be deferred until the king might be consulted in the matter. 14
In pursuance of this advice, orders were issued for the establishment of one or more missions between the San Antonio and Guadalupe Rivers. Instructions were given that in locating these missions and the Indian settlements connected with them, space should be left for the founding of two cities or villas which, as time passed, would be needed as capitals of the province. A settlement containing at least thirty families was to be, at once, begun on the San Antonio River. As early as 1690, Padre Manzanet had suggested that this region was especially well suited for the founding of a mission. In 1693, he had advised that the work among the Texas Indians be abandoned, since they could not be induced to settle in pueblos. 15 Later, as a result of this suggestion, an attempt was made to establish the missions nearer Coahuila. The report of Padre Olivares concerning the country between the Rio Grande and the country of the Texas, suggesting the San Antonio River as a suitable place for founding the mission he had planned to establish, again attracted the attention of the government to this locality. It will be noticed that the three important points, the eastern frontier, Bahía, and Béxar were now all in the mind of the government at the same time. It is interesting to note how Béxar arose into prominence as a result of the way in which these plans were executed.
In March, 1718, Don Martin de Alarcón was appointed to lead an expedition into Texas to carry out the orders of the government. He was accompanied by some seven or eight priests who were to continue mission work. Although instructions were not fully followed, 16 thirty families were settled on the banks of the San Antonio River 17 near its head, and thus the government took the first step toward the formation of a settlement that might be expected to endure. 18 The presidio of San Antonio de Béxar which had been founded by Alarcón, and the mission of San Antonio de Valero which had been founded just before by Padre Olivares were placed near this settlement. Hitherto the Texas country had been the objective point of occupation. Now, Béxar, which was to become the final rallying point of the Spaniards, begins to rise into view; while the eastern frontier becomes a secondary consideration, and finally relatively unimportant. Béxar was at first founded to prevent invasion through Bahía, while later the settlement at Bahía was kept up as a means of protecting the more important stronghold on the San Antonio River. The military policy in accordance with which Alarcón had been sent out to Texas was not at this time followed up; for, when he asked for additional troops, his request was refused. He visited the eastern frontier, and added some six or seven soldiers to again make the number twenty-five, which had been left by Ramón. These with the soldiers and their families settled at Béxar completed the guard for the entire country. The settlement and fortification of Bahía were entirely neglected. 19
The next movement toward occupation came in 1721, when as a result of the French invasion of 1719, a more strenuous military policy was undertaken. For the time, almost the entire attention of the government was directed toward the foundation of presidios garrisoned by a much larger force than had ever before been used. Marqués de San Miguel de Aguayo was entrusted with this work. He restored the presidio in the Texas country, founded those of Adaes and Bahía, and moved that of Béxar to a more satisfactory location. As in the previous expedition, however, the mission and a modified form of the civil settlement were also used. Aguayo was accompanied by representatives of both the College of Querétaro and that of Zacatecas—to the number of nine—and the following missions were established: San José de Aguayo, San Xavier de Náxera, and Espíritu Santo de Zuñiga. The first two were at Béxar, the last, as its name would indicate, was at Bahía. Aguayo also settled families of soldiers at Adaes. He left the province garrisoned by a force of two hundred and sixty-eight soldiers—one hundred at Adaes, ninety at Bahía, twenty-five in the Texas country, and fifty-three at Béxar. 20
The policy of the military occupation of Texas was not followed up. In 1727, when Pedro de Rivera made his tour of inspection into that country, he decided that the missions had proved ineffectual in inducing the natives to settle in pueblos, and that danger from French invasion was not so imminent as to demand the presence of a strong military force in Texas. The number of soldiers stationed in the province was, therefore, much reduced, and the presidio in the Texas country was abandoned. 21
The mission alone, and the mission guarded by the presidio having proved ineffectual, the government resorted to actual colonization, thus trying the last means known to the Spanish system. The padres were the first to realize the necessity for this step, and had long before suggested the plan to the government. In fact, the idea was developing throughout the whole period in which military occupation was most strongly emphasized; and, as has been shown, a modified form of the civil settlement—the colony of citizen soldiers—had already been used. The plan, however, of settling families other than soldiers, and granting them municipal rights was not tried until all other means had failed. How gradual was the development of the plan of employing the purely civil settlement may be seen from an examination of the various efforts of the government to strengthen its hold on the country from 1718, when the first soldiers with their families were settled in the country, to 1731, when the fully matured plan was carried out in the founding of the villa 22 of San Fernando de Béxar.
Even as early as 1691, Padre Francisco de Jesus María had suggested the settlement of families among the Asinais Indians, 23 but it was not until about 1716 that the plan seems to have been urged upon the authorities. In July of this year, the missionaries had suggested the placing of families on the eastern frontier. In the same year, they had asked that fifty men be settled in the Cadodachos country, and fifty among the Texas Indians. In 1716, also, Padre Olivares, in writing to the viceroy of his plans for founding the mission of San Antonio de Padua on the San Antonio River, asked that families be sent in addition to the soldiers he had thought necessary. The first settlers, however, sent into Texas by the government were those brought out by Alarcón in 1718. 24 The sending of these families may have been the direct outcome of the request of Padre Olivares.
The next step taken toward the settlement of families was in response to the suggestion of the padres. Disgusted with Alarcón's failure to execute orders, 25 one of them went to Mexico and made a report to the viceroy. By representing the imminent danger of French invasion and the consequent necessity for settlers this religious, Fr. Mathias Sanz, succeeded in obtaining from the viceroy an order that families be sought for at once to settle in villas. The plan was not carried out at this time, and nothing further was done in this direction until Padre Espinosa took the matter in hand.
Some time after Aguayo entered Texas, this priest went to Mexico, and laid before the viceroy his plan for making the Spanish hold on the country permanent. He says: “I had sufficient opportunity for conferring with the Marqués de Valero and with others in high positions concerning the condition of that poor province—Texas; and I shall never have to feel regret for not having proposed, as far as my limitations would permit, the most suitable means for the settlement and permanent occupation of that fertile country. That the plans of all the missionaries, counting Padre Margil in this number, might be evident to all, [I stated that] it was our opinion that, in accordance with the Leyes de la Nueva Recopilacion de las Indias, 26 married men with their families, who should desire to volunteer as settlers, 27 should be taken instead of conscripts—as were the majority of those previously taken (although I am not speaking of all). To the men was to be given, for two years, the pay of soldiers, to their wives and to their children over fifteen years of age half pay—this to be furnished in money in order that they might carry everything necessary for settlers. Upon their arrival in the province, land was to be assigned each family to cultivate 28—this to become the property of the said family. The families would doubtless cultivate the lands, regarding their labors as a means of leaving an inheritance to their children. The latter, being reared in the province, would look upon it as their fatherland. 29 I, likewise, proposed that among these families there should be some men understanding the trades and liberal arts. Of this class of people, many could be easily found who, not being comfortable in the cities, would gladly go to try their fortunes in a new country.” 30 Espinosa began the work of carrying out this plan by securing from the viceroy an order authorizing him to procure families. Seven poor families with trades offered to go in the hopes of bettering their miserable condition. The undertaking was, however, frustrated by the suggestion of those managing the affair that it would be better to secure the recruits from various cities. This was done to Espinosa's displeasure, for he complains that but few persons went voluntarily, but that most of them were taken from prison. With these recruits he joined Aguayo in his expedition into Texas. These settlers located on the banks of the San Antonio River. 31
It is quite evident from all the preceding evidence that the plan of settling families originated among the padres. The first request for settlers had come from them, and the first families of soldiers sent out were in a degree placed under their control. Padre Espinosa distinctly claimed that the plan he laid before the viceroy for the settlement of families was the work of the missionaries. His plan was essentially the same as that followed in Alarcón's instructions. This supposition is further borne out by the fact that Espinosa, a religious, is the only authority yet found who gives any detailed account of the settlement of families during Aguayo's expedition. It does not seem to have been a matter of any special interest to Aguayo for he mentions the settlement of families but once, and then as if it were a subject of no real importance. This was the settlement of thirty-one soldiers with their families at Adaes. 32
After Aguayo left Texas in 1722, the government seems to have abandoned its efforts to colonize the country. The work of colonization by means of families up to this time may be summarized as follows: in 1718, Alarcón settled a company of soldiers with their families on the San Antonio River and placed seven families at Adaes; in 1721, Aguayo stationed a company of thirty-one soldiers at Adaes; while during the same year, Espinosa settled the families he had raised, at Béxar. These settlements had all been made under government direction. But at least one group of families had come independently, and that, too, before 1718; hence this date which is usually given for the beginning of Béxar must be incorrect. This the following translation of an extract from the petition presented in 1787 by the cabildo to Governor Rafael Martinez Pacheco 33 will show. “It is certainly evident and clear that the settlement of this province of Texas was begun in the year 15 of our present century. 34 [The Province was given this name by the captains who made various expeditions into it in times past in obedience to superior orders. In these [expeditions] they had only the satisfaction of reconnoitering the province, but never the pleasure of settling it until the above mentioned year. Then, some bold citizens, from the two neighboring provinces—Nuevo Reyno de León or Monterey, and Nueva Estremadura Monclova or Coahuila—which were at that time the last and frontier provinces of Nueva España, desirous of renown or wishing to advance their own private interests, had well authenticated and individual information that the many gentile nations living in these two provinces and in their principal districts about this time were at peace. . . . [These citizens] conceived the idea [of settling in Texas], and with manly courage set out to seek the famous and much lauded river of San Antonio, 35 on whose banks they formed a settlement very near the point at which our villa San Fernando is planted today. They brought with them not only their wives and children, but all their goods, cattle, horses, goats, sheep, and such other things as they thought necessary for their sustenance, returning from time to time to the presidio of San Juan Bauptista del Rio Grande for the comforts of religion. They had no troops for their defense except the guard they themselves formed from their own number. There remains at this time only the memory of their coming, of the names of the most prominent men among them—these were Don Mateo Carabajal, Cristóbal Carabajal, and Don Francisco Hernandez—and of the survival and increase of the cattle they brought. This memory exists in the minds of their descendants—our relatives, 36 but it is not such as those men deserve as first settlers.”
After Aguayo left Texas in 1722, the padres continued their labors under great disadvantages. They finally despaired of success unless they could induce the government to send out more people to furnish to the Indians an example of the life they were expected to lead, and to teach them the most necessary arts. 37 These plans were not regarded with favor by Rivera, as the padres had so fondly hoped. Instead of adopting the policy recommended by them, the government actually abandoned the presidio in the Texas country and reduced the garrison at Adaes. In 1730, therefore, the three Querétaran missions which, up to the time of Rivera's inspection had been protected by the presidio in the Texas country, were removed from the eastern frontier to Béxar, making five in all at this point. 38 Here the padres were soon to see their long cherished plan for the settlement of families carried out in the founding of the villa of San Fernando de Béxar. The three Zacatecan missions were left on the eastern frontier. These with the mission at Bahía completed the list of such establishments in Texas at this time.
The first officially recognized civil settlement in Texas was the villa of San Fernando de Béxar, which was founded in 1731 by a group of families from the Canary Islands. In the plan for the establishment of this new villa appear several new features. Hitherto the arrangements for the settlement of families had been worked out by the missionaries, the orders had been issued by the viceroy, and all families brought in had been natives of Mexico. Now the idea was taken up by the king, all orders were issued by him at the suggestion of Marqués de San Miguel de Aguayo, and all families were brought from the Canary Islands. The advisability of settling families in Texas from Galicia, or from the Canary Islands, from Havana, and from the Province of Tlascala, as a means of preventing French invasion, had been recognized by Aguayo after he had succeeded in bringing Texas back under the dominion of the Spanish crown, after the French invasion of 1719. Both he and the corporal of Bahía had recommended this measure. As a result of this recommendation three royal orders for the transportation of families to Texas were issued, the first March 18, 1723, 39 the second on May 10, 1723, 40 and the third on February 14, 1729. 41 Nothing came of the two orders issued in 1723. The order of February 14, 1729, recites that Marqués de Aguayo had proposed, as a means of holding Texas more securely, and at the same time avoiding the expense of maintaining so many presidios, and so large a force of soldiers there, the settlement of four hundred families from the Canary Islands, from Havana, and from the Province of Tlascala, suggesting that they be distributed among all the missions, at Bahía [de San Antonio], 42 at Adaes, and among the Texas Indians. He also thought that it would be well to form a mission with a settlement of Spaniards and Tlascaltecans half way between San Antonio and the country of the Texas. The king gave orders for the transportation of four hundred families, including the two hundred for which orders had previously been issued. 43 All these were to come from the Canary Islands. The volunteers were to be transported and maintained for one year at government expense, and to be settled in the places mentioned above. In response to this decree a few people—numbering when they left the Canary Islands but ten families 44—volunteered to come to Texas. These immigrants reached Béxar at eleven o'clock, March 9, 1731. 45
Something should be said here as to the seeming discrepancy in the number of settlers mentioned in the various accounts given concerning them. The exact number of families, and the number of persons composing them has been the subject of much discussion. The conclusions reached have been various—the number of families ranging from ten to sixteen, and that of the persons from fifty-two to fifty-six. The authorities vary, but the discrepancies can be easily explained. To begin with but ten families, under the leadership of Juan Leal Goras, 46 who was the oldest man among them and the one who subsequently received the greatest honors within their gift, started out from the Canary Islands. 47 Within a month the number of families was increased from ten to fifteen. This was brought about by marriage among the colonists, as may be seen from a comparison of the list of the families taken at Quautitlan, September 9, 1730, 48 with the list taken just before they left Quautitlan, November 8, 1730. 49 The first list is as follows: “Juan Leal Gonzal, wife, three sons, and one daughter; Juan Carbelo, wife, two sons, and three daughters; Juan Leal y Moso (son of the first man), wife, four sons, and one daughter; Antonio Santio [Santos?], wife, one son, and four daughters; José Padron, and wife; Manual de la Nis [Niz?], wife, and daughter; Salvador Rodriguez, wife, and son; Maria Rodriguez (widow of Juan Cabrara who died near Vera Cruz), two sons and one daughter; Maria Rodriguez, (widow of Juan Rodriguez Granadillo), and two sons; Maria Melian (widow of Luca Delgado), three sons, and one daughter; five single men: Antonio Rodriguez, Phelipe Perez, José Antonio Perez, Martin Lorenzo de Armas, Ignacio Lorenzo de Armas—a total of fifty-two persons containing ten families.” The list taken of the families just before they left Quautitlan includes the following persons: 50 Juan Leal Goras, and two sons; Juan Curbelo, wife, two sons, and one daughter; Juan Leal, Jr., wife, four sons, and one daughter; Antonio Santos, wife, one son, and three daughters; Joseph Padron, and wife; Manuel de Niz, and wife; Vicente Alvarez Travieso, and wife; Salvador Rodriguez, wife, and one son; Francisco de Arocha, and wife; Antonio Rodriguez, and wife; Joseph Leal, and wife; Juan Delgado, and wife; Joseph Cabrera, son, and daughter; Maria Rodriguez Provayna, three sons, and three daughters; Mariana Melano, two sons, and one daughter; and four single men: Phelipe Perez, Joseph Antonio Perez, Martin Lorenzo de Armas, and Ignacio Lorenzo de Armas—a total of fifty-six persons and fifteen families, or sixteen families if the unmarried men be counted a family as they sometimes were. The following changes had taken place. Vicente Alvarez Travieso and Francisco (de) Arocha — if they had not been overlooked in making the first list — had joined the party after the list was made. 51 Two women had died: Maria Rodriguez (widow of Juan Cabrera), and the wife of Juan Leal Goras. In taking the first list three daughters of Maria Rodriguez (widow of Juan Rodriguez Granadillo) had been overlooked, and one son had been born later. The following five men had married daughters of the Islanders: Vicente Alvarez Travieso, Francisco de Arocha, Antonio Rodriguez, Joseph Leal, and Juan Delgado, and consequently, there were fifteen families — not counting the four single men—when the second list was formed. 52
These fifteen families founded the villa of San Fernando de Béxar. The settlement was given this name in honor of the heir to the Spanish crown, although many persons desired to name it Casafuerte in honor of the viceroy of Mexico. 53 According to the viceroy's orders it was to be made a ciudad, and created the capital of Texas because it was the first civil settlement founded in the province by families from the Canaries. 54
The new settlement was to be governed by a city council or cabildo, and orders for the appointment of the members of this body had been issued long before the Isleños, as the Canary Islanders were often designated, arrived. 55 The law in regard to the formation of such a body in a new settlement founded under similar conditions to those existing at San Fernando declared that whenever any private individuals desired to form a new settlement, and had the necessary number of married men for the purpose—not less than ten 56—they should be given permission to form a settlement, should be assigned lands, with prescribed limits, 57 and should be granted the right to elect from their own number alcaldes and other annual officers of the cabildo. 58
All these directions had been followed. The viceroy had issued a decree authorizing the governor of Texas, or in his absence, the captain of the presidio of Béxar to select from the heads of these fifteen families six persons as regidores, one as alguacil mayor, one as escribano de consejo y público, and one as mayordomo de los bienes y propios. These were to have the power to elect from their own number two ordinary alcaldes as judicial officers. The first nine offices were to be given to the men whom the governor considered most suitable for holding them for life. In accordance with these instructions, on July 20, 1731, Don Juan Antonio Pérez de Almazán, captain of the presidio of Béxar, named all of the officers with the exception of the two alcaldes. The officers thus appointed were installed on August 1, 1731. They immediately held a meeting, and proceeded to the election of the two judicial officers 59 to whom they were entitled. These two alcaldes took the oath of office on that day. Now, nothing but the viceroy's approval was needed to complete the organization of the cabildo of the villa of San Fernando de Béxar. 60 Notification of the result of the election was forwarded at once, but the viceroy's approval was not given until October 24, 1731, 61 and over six months elapsed after the arrival of the Isleños before they had a completely organized municipal government.
As has been said, the number of officers provided for was eleven. These were to be six regidores, 62 two alcaldes, 63 one escribano de consejo, one mayordomo de los bienes y propios, and one alguacil mayor. 64 To fill these offices, however, as will appear from the list that follows, only nine men were needed; for the two alcaldes served also as regidores. This became the custom. The men appointed to these positions were: Juan Leal Goras, 1st regidor (regidor decano), and first alcalde (de primero voto); Juan Curbelo, 2nd regidor; Antonio Santos, 3d regidor; Salvador Rodriguez, 4th regidor, and 2nd alcalde (de segundo voto); Manual de Niz, 5th regidor; Juan Leal Alvares, 6th regidor; Francisco de Arocha, escribano de consejo y público; Antonio Rodriguez, mayordomo; and Vicente Alvarez Travieso, alguacil mayor. 65 Only married men were chosen, and the preference was given to the older men among this number.
The documents I have examined in the Béxar Archives show that various names were applied to the body thus organized. The titles used in the Recopilacion when speaking of the bodies charged with the municipal government of ciudades, villas or lugares are consejo, ayuntamiento, or cabildo, justicia, y regimiento. The latter form is used in the minutes of the cabildo of San Fernando throughout the period under consideration. During its early history it was usually referred to simply as the cabildo. Still other names used were consejo municipal, and cuerpo municipal. Forms of address were Muy Illustre Cabildo, Noble Cabildo, and Illustre Cabildo, Justicia, y Regimiento. Toward the end of the century the name ayuntamiento almost superseded that of cabildo; and this, in turn, during the first quarter of the nineteenth century was displaced by the term municipalidad.
To understand the government thus organized a brief consideration of the history of the Spanish municipality is necessary; for, although all cabildos under Spanish dominion had certain features in common there were peculiar customs developed in each individual case. History will show that there was great latitude for the growth of these differences. During the eleventh and twelfth centuries the kings of Spain organized consejos in the various settlements of their dominion. These bodies were composed of all citizens or of all heads of families in the pueblos, and were used as a means of holding in check the nobles who always stood ready to usurp the royal power. The consejos supervised the economic activities of the settlement and exercised civil and criminal jurisdiction in all cases except those coming under the cognizance of the king himself, and appeals were taken directly from these consejos to the king. They elected alcaldes and other judicial officers together with certain administrative and military officials. The size of the consejos, however, proved inconvenient. Therefore, during the fourteenth century, the number was restricted, and the germ of the modern ayuntamiento was formed. A system of laws similar to those in Spain was developed for the government of consejos in America. Most of the laws that were in force at the time San Fernando was founded are contained in the Recopilacion de Leyes de los Reynos de las Indias. The first edition of these laws was issued in 1680, the second, which was merely a reprint of the first, in 1774, and the third in 1791. 66 It has already been shown that the Spaniards, in their various efforts to hold the Province of Texas from 1689 to this time, had been controlled by the laws of the Recopilacion. Now, it was the intention of the government to found this villa, and have it governed in accordance with these same laws. That this is true is easily established. In accordance with the laws of the Recopilacion the new settlers were created hidalgos 67 and were given a municipal government, 68 and detailed instructions, based upon the Recopilacion, were given for the laying off of the town. 69 Other examples showing obedience to the Recopilacion might be given, but these are doubtless sufficient.
It is clear, however, that in practice the laws were modified to meet peculiar conditions at San Fernando. One of the most striking instances of such disregard, or in fact of violation of these laws, was the establishment of the villa near the missions, and the groups of settlers that had gathered about Béxar between 1718 and 1730. The law prescribing the regulations for the settlement of villas governed by ordinary alcaldes and regidores declared that the boundaries of the four leagues of land set aside for the said place should be distant at least five leagues from any ciudad, villa, or lugar de Españoles 70 which might have been previously established. Blackmar interprets this law to include missions. 71 If this be true—which, however, is doubtful—the settlement of the villa at the point selected by the viceroy was undoubtedly in violation of the law in question, as there were several missions nearer than five leagues. At any rate, the groups of settlers gathered at this point must be considered as forming a lugar de Españoles, and, therefore, if it were recognized as such by the government, 72 the location of the new villa so near this settlement was illegal. That the villa was placed near the missions and the presidio is proved by the following statement. “In 1731, four settlements were made on this river [the San Antonio] three for the conversion of the heathens, and one called the villa of San Fernando in which the Islander families, and other citizens of the place are settled. These with the presidio form but one settlement.” 73 In fact, the villa was placed but a few hundred yards from the presidio which was located on what is now known as the military plaza. The center of the villa settlement was marked by the spot now called the main plaza. 74
Other cases in which the organization and methods of procedure in the municipal government of San Fernando were in violation of the Recopilacion may be mentioned. The law fixing the length of the term of municipal offices was, at first, modified to meet conditions at San Fernando. This law declared that officers of the cabildo should be elected annually, and that having served in any capacity for the period of one year, no man should be eligible to the same office or to any other municipal office until at least two years had elapsed. In the case of an alcalde an interval of three years was required before he could be again elected alcalde. 75 In this new settlements it was impossible to fulfill these requirements. There were, as will be seen from the list of Isleños 76 only thirteen married men over eighteen years of age—the age of Antonio Rodriguez, the youngest member of the first cabildo. Unmarried men were not eligible. Therefore the number of those available for election was, at the outset, limited to thirteen. As the younger men were married the number was gradually increased. But there were also, as has been shown, other settlers at Béxar when the Isleños reached that place 77—those who had come out with Alarcón, and they should have had a share in the municipal government of the newly founded villa, but practically, in the earlier years of the municipality, this was not true. The settlement established by Alarcón on the banks of the San Antonio River, in 1718, contained thirty families. According to the laws of the Indies, this was the requisite number for founding a villa to be governed by a consejo composed of ordinary alcaldes and regidores. 78 It was the intention of the government that the settlement founded by Alarcón should be organized as a villa. 79 It was even subsequently referred to as a villa, 80 but no evidence has as yet been found to show that these settlers had any distinct municipal government. Yet if this were true up to the coming of the Canary Islanders, the viceroy, in making provisions for the laying off of the town, had provided that such persons as might join the Isleños should be eligible to municipal office. This, however, may have been intended to apply to other settlers that were expected to come from the Canary Islands. The first cabildo was composed entirely of Isleños, and with the exception of the alcaldes, the members were appointed for life. Consequently there was not much chance for a non-Isleños to hold office at first. From 1731-1749 only some three or four men who did not belong to this favored class, so far as the records show, enjoyed the honor of serving on this body. 81 By the early 50's, however, some twenty years having elapsed, the number of the original cabildo had become thinned by death and incapacity. 82 It became necessary then, in some cases, to select other men to fill the vacancies, and the policy was adopted of regularly electing a few of the younger members of the Isleños, or even the vecinos agregados.
Although, at first, the law providing for the annual election of officers was disregarded except in the case of alcaldes, 83 toward the end of the century, it was strictly enforced. In 1794 Manuel Muñoz, who was then governor of Texas, wrote to the cabildo in regard to the election report sent him for approval, as follows: This government is not unmindful of the irregularities in the elections you report. In most cases you have left to those re-elected the same offices they had previously held. I cannot believe that there is a scarcity of individuals in the settlement to fill these places.” 84 The same question had arisen the year before. The governor had written to the cabildo saying that before Don Clemente Delgado could be legally re-elected, at least two years interval after the expiration of his term of office was absolutely necessary. 85 As to the time for holding elections, and for installing the officers of a new cabildo nothing has been found previous to 1778. In this year, however, the time for holding the elections, the time for sending the report of these elections to the governor for approval, and the time for installing the officers was fixed. The election report for 1791 86 states that elections had been held on the 20th of the month of December in accordance with an order of Don Theodore de Croix, general comandant of the Provincias Internas which had been issued on January 13, 1778, and that reports of elections had been sent to the governor for approval on the 21st of the same month in obedience to the same orders. The new cabildo was to be installed on January 1st. This arrangement was strictly adhered to, at least, as late as 1800.
Another instance in which the laws of the Recopilacion were violated, was in regard to the place of meeting. The law provided that all sessions of the cabildo, all elections, etc., should be held in the municipal hall. The penalty imposed for violation was permanent loss of office. 87 Special provision was made that no meetings should be held at the governor's house unless there were urgent reasons therefor. 88 Both of these laws were violated. There was no municipal hall at San Fernando for years after its foundation, 89 and consequently meetings had to be held at other places. As late as 1783, the cabildo met in the jail. 90 Sessions were frequently held at the house of the alcalde. It was not unusual to hold meetings at the governor's house even toward the end of the century.
Another case of violation of the laws of the Recopilacion was the election of alcaldes who were unable to write. 91 Of the nine officers of the first cabildo only four men could sign their names. Juan Leal Goras, 1st alcalde, could write sufficiently well for any person knowing that his signature was affixed to a document to identify it. Salvador Rodriguez, 2nd alcalde, however, had to have some one sign for him. The only man among the Isleños upon their arrival at Béxar who could write a legible hand was Francisco Joseph de Arocha, secretary of the cabildo. 92
One more instance in which the laws of the Recopilacion were violated may be mentioned. It was provided that in new settlements formed by groups of private persons, having the proper number of married men for the purpose—not less than ten—the settlers should be given the right to elect ordinary alcaldes and other annual officers of the cabildo from among themselves. 93 Contrary to these provisions the first cabildo, with the exception of the alcaldes, was appointed by the captain of the presidio of Béxar in obedience to the orders of the viceroy, who had provided that the captain should perform this duty if the governor of the province could not act. These officers were given their positions for life. In obedience to this same order, the alcaldes were elected, either by the regidores alone (Cf. ibid., tit. XI, ley, ii, and report of first election, appendix VI.), or by the whole cabildo with the exception of the escribano de consejo. (Cf. Election report, 1750, Béxar Archives.) As to the way in which they were elected previous to 1750, no evidence has been found. On January 1 of this year the two alcaldes for the incoming year were elected by the vote of all the officers of the cabildo with the exception of the regidor decano, who was not present, and the escribano de consejo, who was present, but did not vote. This arrangement was not in accordance with the law providing that the people should elect the alcaldes. Shortly after 1750 a complete series of the election reports are found. From these it is evident that it became the custom for the cabildo to elect all the municipal officers. It is not possible, however, to ascertain whether or not all of the members of the cabildo, with the exception of the escribano, voted as in the election for 1750. The cabildos in Spain had become close corporations, membership in which was either inherited or purchased, and the consejos in America had followed this course of development. 94 This probably explains the state of affairs at San Fernando, although, during the period under consideration, no attempt was made to sell any of the municipal offices, 95 and no member, so far as the available records show, ever inherited any office at San Fernando during the eighteenth century.
The functions of the cabildo are, in the main, well defined although the exact way in which the various duties devolving upon it were apportioned among the members is not exactly clear. To describe these functions, however, is a difficult task, since the judicial, the executive, and the legislative powers vested in this body are not clearly differentiated. The political hierarchy of the Spanish government was headed by the king, and included in a descending series, arranged in order of importance, the viceroy of Nueva España, the general commandant of the Provincias Internas, the governor of Texas, 96 and finally the cabildo itself. 97 The cabildo was practically restricted to carrying out the orders of the higher authorities. The Spanish cabildo was charged with the politico-economic government of the settlements under its control. 98 According to Moses this was “the care of the public health and accommodations, to watch over prisons, hospitals, and benevolent institutions that are not of private foundation, primary schools sustained by public funds, the construction and repair of bridges, highways, and roads, the raising and expenditure of public moneys from taxes, licenses, and the rents of municipal property; to promote the advancement of agriculture, industry, and commerce, and to assist the alcalde in the preservation of peace and public order among the inhabitants.” 99 The duties of the cabildo of San Fernando, as defined by one of the governors in his charge to a newly elected body, were the administration of justice, and the protection of the interests of the commonwealth. 100 In all of these definitions the political dependance and subordination of the cabildo are assumed.
In fulfilling the obligations placed upon it, the cabildo of San Fernando had first to discharge certain duties involving its own continued existence and organization. These duties included the filling of vacancies in the body itself, and the election of the succeeding cabildo. But, as the reports in the Béxar Archives show, such elections required the approval of the governor, and he had also to install, in person or by deputy, the newly elected officers. On the cabildo devolved, in the second place, the duty of keeping public order by seeing that the various laws and regulations of the superior authorities were observed, and of preserving the public health, of looking after the general welfare, and of managing the business affairs of the villa. The law provided also for judicial appeals to this body from the decisions of the alcaldes, 101 but there is nothing to show that such appeals were ever made in San Fernando.
Although from all these definitions and examples, the powers exercised by the cabildo seem far-reaching they were, in reality, much restricted by the powers of the governor, the next higher authority. In the first place, the governor had to approve the election of municipal officers made by the cabildo. 102 This approval was usually granted, but, in case it was withheld for any reason, the elections were null. In considering the election of officers for 1784, after charging the acting members with gross neglect of duty in that they were so frequently absent from the villa on private business that the settlement had suffered in consequence, Governor Cabello ordered the newly elected members not to absent themselves when, as a consequence of such an absence, any of their duties might be neglected. He refused to approve the elections until the members should have promised to obey these instructions. 103 He likewise refused to approve the election of a certain individual on the grounds that he did not possess the necessary qualifications, as there were two criminal charges pending against him. 104 Manuel Muñoz, the succeeding governor, objected to two other persons named for municipal office because their conduct had not made them worthy of the honor of serving in this body. 105 The elections, in each case, were not approved until the objectionable characters were excluded.
In addition to this power of approving and disapproving elections the governor, as has already been stated, had to install new officers, or to appoint some one in his stead to perform that duty. The honor was usually conferred on the regidor decano. The governor, likewise, sometimes presided over the cabildo, 106 and could cast the deciding vote in case of a tie in elections. 107 Besides this supervision of elections made by the cabildo, the governor had power over matters that one would naturally expect to be entirely under its control. Among these may be mentioned the management of school affairs. The petition of a teacher 108 asking to be allowed to establish a school, to receive certain pay for his services, and to have the rules and regulations for the school prescribed was referred to the governor for decision. Another instance of the governor's authority is shown by the petition of an alcalde 109 asking to be allowed to go with certain companions to get twenty-four head of stock beyond the Guadalupe River. When granting this petition, the governor restricted the number of cattle they were to kill, and prohibited further slaughter, and also marking, or branding of stock. In case the cabildo desired to make any improvements in the villa, for instance, if it wished to build a municipal hall or a prison, it had not only to secure the governor's permission to erect the buildings in question, but had also to submit the plans of the buildings for approval. After the specifications had been accepted, however, the matter of construction seems to have been entirely in the hands of the cabildo. 110 The governor was likewise appealed to in the matter of preserving order in the villa. In one petition, for instance, the cabildo informed the governor that the various members had witnessed many lawless acts while making the nightly patrol in the execution of their duties, and asked him to take steps to prevent the people from going upon the streets so much at night, to preserve order in the fandangos. which were frequently continued past the hour fixed by law, and to re-publish the order for good government issued upon his entrance to office. The governor complied with this request although he declared that these matters were within the peculiar province of the cabildo. 111 The power of the governor to grant land and the subordination of the cabildo in this respect are illustrated by a petition presented to Governor Larios in 1745 by Thomasa de la Garza, asking for a certain building lot. 112 The governor granted the petition, and ordered the cabildo to place her in possession of the land in question. In obedience to these instructions, the cabildo sent an ordinary alcalde—the alguacil mayor being absent—to carry out the orders of the governor.
A summary of the municipal ordinances of the villa of Goliad, although issued later than the period under consideration, 113 will be of value as illustrating the inner workings of a cabildo. Many of the usages at Goliad can be paralleled at San Fernando. The title of these regulations is Municipal Ordinances for the Government and Internal Management of the Ayuntamiento of the Villa of Goliad.
Part 1, chapter I, which consists of general provisions, declares that the cabildo shall meet every Saturday from eight to eleven for ordinary business sessions; 114 that it may hold extra sessions when necessary 115—the president giving due notice of said meetings; that the secretary shall keep the minutes of the ayuntamiento; that all members may discuss business under consideration; that a majority of one vote shall decide a question; 116 and that the regidor decano shall preside in case of the absence of the alcalde. 117
The duties of the presiding officer are defined in the second chapter of this division. These are, in general, to name the various standing committees of the cabildo and to give instructions as to the duties devolving upon the officers in consequence; to preside over the meetings of the cabildo; to see that members attend regularly—granting leave of absence when necessary; to preserve order during the deliberations of the body; to extend the time of meetings when necessary; and to see that the secretary keep the archives properly. 118 The duties devolving upon the alcalde in addition to those just named—which he exercised by virtue of the fact that he was the presiding officer of the cabildo—were to see that the municipal ordinances were observed, to hear cases brought before him, to examine the archives to see that they were properly kept or to appoint the regidor decano to do so, to see that a census be taken yearly, and compared with the one taken by the síndico procurador. 119
Chapter I, part 2, deals with matters pertaining to the public health and police. It provides that there shall be a board of health, while all officers of the cabildo shall be charged with the duty of seeing that the following rules be observed: the síndico procurador shall keep the river free from dead animals and other contaminating matter, 120 the streets and plazas clean and unobstructed, the food supply fresh and unadulterated; 121 with the help of the alcalde, he shall see that physicians have the proper diplomas and credentials, that weights and measures be honest; while, the alcalde alone, shall inspect all new buildings, seeing that they are built straight with the street, that they are of the proper size, shape, etc., that they do not interfere with the rights of persons in the vicinity, and that the proper building fees are paid.
Part 2, chapter II, deals with public security. It provides that all members shall be responsible for the maintenance of public order; that the síndico procurador and his assistants shall see that lots are properly enclosed, that fires are not built where conflagrations might result, and that animals are properly secured; that the procurador and the first regidor shall have charge of the weights and measures; that all possible steps be taken to prevent gaming, and to preserve proper order in saloons and public halls; that at least three rounds per month be made to secure proper order in the villa 122—the alcalde being the first officer; and that the cabildo shall elect two ward commissioners and two juezes de campo 123 whose duty it shall be to watch over crops in the district, to prevent the cutting of valuable timbers, to see that fires, except on stated occasions, are not built within a certain distance of the villa, and that roads in their districts are kept in good condition.
The next chapter of part 2 deals with public accommodations. It provides that all members shall have the right to propose such measures as they may think necessary for the well-being of the settlement; that in times of scarcity of seed or other necessaries, the ayuntamiento shall secure a supply with municipal funds, when possible, taking measures to see that these supplies last and that prices do not become exorbitant; and that it shall build bridges and sidewalks, repair streets, 124 care for unfortunates, establish and control private schools, 125 selecting from its own number a treasurer for the school fund.
Chapter IV, part 2, deals with the question of public improvement and provides that the ayuntamiento shall attend to the laying out of a cemetery, and see that all citizens contribute to this work, and that it be properly kept; that a municipal hall be erected; and that an alameda be planted for which the procurador must care.
The last chapters of part 2 deal with the collection and expenditure of municipal funds. 126
Further light on the work of the cabildo may be had from an examination of the functions of the several officers. Those having a vote in the cabildo will be considered first, and this includes all except the escribano. 127 The most important officer was the alcalde, who combined the functions of law-maker, judge, and policeman. He issued municipal ordinances for the preservation of good order, and the promotion of the healthfulness and cleanliness of the villa, and, on occasion, he arrested and punished individuals for disobedience to these ordinances.
A few examples of ordinances issued by alcaldes will serve to illustrate the nature of the legislative powers they exercised. One issued in 1735 by Juan Leal Goras, regidor perpetuo and alcalde of San Fernando, required owners of certain grain lands to enclose them with stakes, and to place irrigating ditches in good condition, and charged citizens and stock-raisers to secure a herdsman for their stock. Penalties were prescribed for failure to observe this ordinance. 128 Another issued in 1744 by Alcalde Joseph Curbelo prohibited citizens from going upon the streets after nine o'clock at night without urgent reasons therefor under penalty of imprisonment and fine, and provided that idle and objectionable characters should either secure employment or leave the villa. 129 And another issued in 1746 by Alcalde Juan Joseph Montes de Oca, 130 forbade, under penalty of a fine, the carrying of small arms in the villa. 131 Other instances could be cited, but these are sufficient to show that the alcaldes of San Fernando exercised legislative power in local affairs.
The alcaldes, as has been said, also exercised judicial power. The laws of the Recopilacion provided that in Spanish settlements where there was no governor or lieutenant-governor the ordinary alcaldes should have cognizance of all civil or criminal cases that would come within the jurisdiction of the governor or the lieutenant-governor, and that appeals from the alcaldes' decision should go to the audiencia, to the governor, or to the ayuntamiento, according to the provisions of the laws of Spain and New Spain. Although the governors played an important part in the life of San Fernando, and even, on some occasions, presided over the cabildo, 132 the alcaldes of the villa exercised both criminal and civil jurisdiction. 133 In the Ordinances and Instructions of Don Alexander O'Reilly 134 the judicial powers of the alcalde are defined thus: “(1) the ordinary alcaldes shall have cognizance of all matters in dispute, either civil or criminal, between the inhabitants residing within their jurisdiction, which shall extend throughout the