Department of Bexar
Jurisdiction of Austin
To the Citizen Thomas Barnett constitutional Alcalde of the
jurisdiction of Austin.
The petition of Stephen F Austin a Citizen of the Jurisdiction
aforesaid, With respect represents that James E. B. Austin late
of the Jurisdiction aforesaid died some time since leaving his
surviving widow and an infant male Child now aged about nineteen
months. That at the time of the death of the said James, he held
in his name an undivided fourth part in a league of land granted
by the Mexican Government to Elias R. Wightman, lying at the
mouth of the Colorado River and being the same part of which has
been laid off by Elias R. Wightman, and persons interested into
squares and lots with a view of fixing upon this same as a town site,
Your petitioner further represents that the fourth part of the said
League which is in the name of the said James E. B. Austin is really
the property of your petitioner which he will make appear as soon as
circumstances will permit and that the other three fourths are owned
in unequal portions by H H League, Ira Ingram and the said Elias
R. Wightman. The said League of land lying immediately at the
mouth of the Colorado River and partly on the Bay of Matagorda,
is thought to be an eligible situation upon which to fix a town site.
That the persons now interested in the said league of land wish
to associate themselves together for the purpose of laying off a town
on said league by which it will be rendered more valuable and more
immediately productive.
That in order to effect this and enable him to act, he should be
vested with power and authority to act and bind himself in his
representative capacity (so long as he acts in that capacity) as
administrator of the said James E. B. Austin deceased to do and perform
all and every act, Jointly with the other persons interested in the
said league or with such others as may hereafter become legally
interested therein with power and authority to sell lease or
otherwise bind the said land or make donations thereof. Jointly with
the said other persons interested, and your petitioner prays such
other and further relief in the premises, as from Equity, justice and
law he may be entitled to and as in duty etc.
(Signed) S. F. Austin.
Austin 6th July 1830
Department of Bexar
Jurisdiction of Austin
Having read and maturely considered the facts stated in the
foregoing petition and the evidence advanced in support thereof
it is by reason thereof and of the law, and it having been made
clearly to appear to my satisfaction that the land mentioned in
the foregoing petition when laid off in part or in whole, into town
lots will greatly increase the value thereof and will besides render
it more immediately productive. It is therefore ordered, adjudged,
and decreed that Stephen F Austin administrator of the estate
of James E B Austin deceased be authorized and empowered and
he is hereby authorized and empowered to form and connect himself
into an association with the present owners of the league of land
refered to in Plff. petition or with any other persons who may
hereafter acquire an interest therein necessary to carry views of the
said association into full and compleat effect having for object the
establishment of a town on the said league of land—and in order
to vest the said Stephen F Austin with full and compleat powers
to do whatever may be necessary to the completion of the object
set forth in the foregoing petition. It is further ordered adjudged
and decreed that the said Stephen F Austin is hereby clothed with
authority to sell transfer, lease, give or grant Jointly with the
persons interested or who may hereafter become interested in the
said league of land, any part or portion thereof, and it is further
ordered and decreed that in order to effect the said object, and with
a view to give regularity and permananey to said association of
present and future owners, the said Stephen F Austin is hereby
authorized and empowered to sign a constitution or charter for
the government of the said association to make, agree to and consent
to any rules or by-laws entered into by the said association of the
present or future owners of the said league of land which may
be deemed necessary for their government. Signed with assisting
witnesses as the law requires at my offce in the town of San Felipe
de Austin this seventh day of July in the year of Our Lord, 1830,
(Signed) Thos. Barnett assisting witness L. Lesassier Assisting
witness Samuel M. Williams,
the words on first page "them" erased on second page the words
"more valuable and" inserted, the third page the word "said"
erased.
I hereby Certify that I have carefully compared the foregoing
copy with the original petition and decree in my possession and
declare it to be an exact Copy of the original document.
Houston May 31, 1837
I. R. Lewis [Rubric]