Ayuntamiento of Villa de Refugio

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Power & Hewetson Colony

The Refugio Ayuntamiento
From Chapter XI of Refugio by Hobart Huson, vol. I, 1953

The Very Illustrious Ayuntamiento of the Municipality of Refugio (which was its official title) had a short but hectic existence. It was installed by Commissioner Vidaurri, after an election, of the inhabitants, on or about July 1, 1834. [Philip Power, Memoirs; Huson, Refugio Pueblo Grant; Depositions of Sabina Brown, Thomas O'Connor, Edward St. John, Edward McDonough; Edmond St. John, Testimony of Samuel Addison White, John J. Linn and Edward McDonough, in Byrne v Town of Refugio]. Despite the fact that there was no special decree of the Congress of Coahuila and Texas authorizing it (as was the case with San Patricio and other colonial municipalities), there can be no doubt as to the legality of its existence. It was recognized by the Political Chief at Bexar and by other public officers. [Decree No. 283, Coahuila and Texas, April, 1834, G. L. I, 384].

In the removal of the ayuntamiento to Goliad during the revolution and as the result of the many raids on Refugio between 1837 and 1845, the archives of the municipality have become lost or destroyed so that it is difficult to now reconstruct an accurate account of its proceedings or the names and tenures of its offices. As said by Edmund St. John, "The archives and records of the town were greatly scattered and in the year 1841 Raid of September 1 the Mexican robbers, who took several of the citizens prisoners, took off and destroyed many valuable papers, scattering over the prairie what they did not take along with them." [Depositions of Edmond St. John in Byrne v Town of Refugio].

From its incipiency until the revolution the ayuntamiento appears to have been embroiled continually with the authorities at Goliad. As has been stated, the old grandees of Goliad did not look with favor upon the Irish colony, as many of these old Mexican settlers had established ranches all over the empresa, with hope of getting titles from the government. Naturally they resented the idea of giving up these possessory claims, and particularly to foreigners. It would seem that they through the authorities and military at Goliad exerted themselves to be just as disagreeable as possible to the new-comers. Sometime during the month of July, 1834, when the colonial surveyors were beginning to survey the boundaries of the empresa, the ayuntamiento of Goliad made an order whereby it prohibited the Commissioner of the Irish Colony from proceeding further with his duties until such time as the government could consider and act upon the matter. The basis for this order was that no one had informed the Very Illustrious Ayuntamiento of Goliad of the origin or extent of Commissioner Vidaurri's purported powers, and so far as Goliad officials were concerned he was a mere usurping upstart who was vexing citizens of that municipality and interfering with their property rights. [Henderson, Minor Empresario Contracts, 32 Q. 12].

This far-reaching order was placed in the hands of Captain Manuel Sabriego, of the garrison of Goliad, for enforcement. [Philip Power, Memoirs]. On July 27, 1834, Captain Sabriego with a body of troops appeared at Refugio and delivered the order to Vidaurri. Intending to remain in the pueblo to see to it that the order was obeyed; Sabriego demanded possession of the mission that he might quarter his troops there. The mission at the time was being used as offices for the colony and headquarters for the ayuntamiento. Vidaurri and Power were the first approached by Sabriego, and they declined to vacate on the ground that they were lawfully in possession by permission of the ayuntamiento. The belligerent captain then rounded up the Very Illustrious Ayuntamiento to whom he handed the following demand:

The Military Commandancy of Goliad. On this date I said to the Citizen Empresario Santiago Poder the following: Not knowing who has given you, or anybody else, the use of the Church of this ex-Mission, and since it was turned over to me so that it might be used as a barracks by the troops which should be stationed in this place, because water and other resources are lacking at El Copano, and since the Church already spoken of is under my authority, I trust that you and whoever else is using it will kindly vacate it for the purpose referred to. And the Empresario having replied that you are the ones who let him have it, I trust you will be so good as to order that it be vacated, so that the troops already mentioned may be put there, for, I believe that the said Church has never had any connection before now with this municipality. God and Liberty, Refugio, July 27, 1834. MANUEL SABRIEGO (Rubric) To the Illustrious Ayuntamiento of this Town.

A meeting of the ayuntamiento was quickly convened, at which Colonel Power and Commissioner Vidaurri attended. Not knowing to what lengths the captain would go, as he was verbally threatening to use force and to "break up the colony," the town council on the advice of Power yielded and the troops took possession of the mission. The troops remained in and around Refugio until it was unofficially learned of the decision of the state government in the matter. [Philip Power, Memoirs].

Vidaurri promptly made representations to the governor, by memorial dated August 1, 1834. The state government reached a decision on August 28 and transmitted it to the Political Chief at Bexar for observance and execution. After a long delay he addressed the following document, dated February 11, 1835, to the Very Illustrious Ayuntamiento of the Town of Refugio:

Gefeturia Politico de la Departmiento de Bexar. The Lord Secretary of State of the Supreme Government of, the State under date of 28th of August last past, has been pleased to direct to this Gefeturia, this which I copy:
"His Excellency the Governor of the State having taken into account a documentary representation directed to him under date of 1st August just past, by the citizen José Jesús de Vidaurri, commissioned by the government for the colony of Irishmen of which James Power and James Hewetson are empresarios, complaining of the Ayuntamiento of Goliad, for having interrupted him in the discharge of his duties, under the pretext that he did not present to them the orders under which he acted, and that in discharging his functions, he had vexed certain persons of the municipality of Goliad who had property within the demarcation set apart for the Empresarios. For the purpose that they may fulfill their contracts the following articles have been resolved, first, the Citizen Jesús Vidaurri is commissioned by the government for the establishment of the families contracted for by the Empresarios Power and Hewetson, appointed legitimately, formally, and in conformity with the laws, second, that the Ayuntamiento of Goliad has no right to interfere with the functions of the commissioner not even under the pretense of securing or protecting the property of those persons, which property had not been attached by the commissioner nor by the colonists, third, the commissioner will for no motive give possession to the colonists, nor empresarios, nor to any other person upon the property belonging to citizens of Goliad which maybe found within the limits of the ten littoral border leagues which the empresarios have contracted to colonize, because the contract is solely for the vacant lands, fourth, the commissioner has the right according to the instructions of the 4th of September, 1827, to install the Ayuntamiento which may be necessary to establish and create the town and settlement which may be formed totally independent of Goliad, fifth, the government having notice that the aboriginal tribe of Carancahuas have been offered by the citizen James Power a yoke of oxen and utensils to work the land which belongs to said Indians of the ex-Mission of Refugio, that the commissioner will see that this offer of said Empresario be complied with religiously, providing that said Indians shall live in the body of the old Mission, sixth, the Mexican families who may live in the ex-Mission of Refugio in condition of neighbors (Arimados) shall be considered by the commissioner for their protection and secured in the properties they may have acquired; all of which I have the honor to communicate to you by order of his excellency for your information so that you on your part will compel the Ayuntamiento of Goliad, to suspend or desist from their proceedings respecting the commissioner of the Supreme Government in the exercise of his attribute." Which I send to you so that it may be with exactness complied with by you on that part which refers to you, publishing it so that it may be known to the inhabitants. God and Liberty, Bexar, February 16, 1835. ANGEL NAVARRO Very Illustrious Ayuntamiento of the Town of Refugio.

At the time this interesting communication was received by the addressee, all titles to colonists had been issued and the Commissioner had returned to his home in Mexico. The first ayuntamiento of Refugio was composed of Martin Power, alcalde, and James Brown, Joshua Davis, and probably Santiago Serna and John Dunn, regidores. The sindico-procurador was probably Martin Lawler. [Philip Power, Memoirs].

Under the laws of Coahuila and Texas, "to be a member of the Ayuntamiento it shall be required to (be) a citizen in the exercise of his rights, over twenty-five years of age, or twenty-one being married, an inhabitant within the jurisdiction of the Ayuntamiento, with three years residence therein, one year immediately preceding their election, to have some capital or trade whereby to subsist, and to be able to read and write." The alcaldes were to be replaced every year, as well as one-half of the number of the regidores and sindicos procuradores (if there were two. If there was only one sindico he was replaced every year). A person holding these offices could not be re-elected until two years "from having ceased therein." The elections were held on the first Sunday in December to take office the second Sunday. No one could decline to serve if elected. [Constitution of Coahuila and Texas Arts. 155-167].

It will be seen that an election of members of the Refugio Ayuntamiento was due the first Sunday in December, 1834, or within six months after installation of the initial members. Whether officers were elected then or not, is not clear. During the early part of 1835 John Dunn and James Brown were acting alcaldes, at different times. In 1835 Dunn sometimes subscribed himself as alcalde. Ira Westover was a regidor, and Martin Lawler was sindico. [Philip Power, Memoirs. See deed Phoebe Crain to Lucius W. Gates, Match 22, 1835, Refugio Deed Records A].

The Coahuiltexan laws provided for corps of civic militia to be established in all towns of the state, such corps to compose the military force of the state. "No Coahuil-Texano can decline lending said service when required by law, and in the manner it provides." [Constitution of Coahuila and Texas, Arts. 211-214]. The colonization contract obliged the empresarios to organize the National Civic Militia in full compliance with the law. [Empresario Contract, June 11, 1828, Art. 8]. James Power was coronal teniente (lieutenant colonel) of the Refugio militia. The colonial militia appears to have been organized in the Fall of 1834, with Ira Westover as captain, but was disbanded in virtue of the federal law of March 31, 1835, providing that the number of the state militia in all states should be reduced to one militiaman to every 500 inhabitants, which destroyed the civic militia of the colony. [Philip Power, Memoirs].

We find the ayuntamiento pleading with the Jefe Politico at Bexar for appointment of a judge and authority to organize the civic militia. [Ayuntamiento of Refugio to Jefe Politico at Bexar, May 13, 1835]. Under the Constitution of the State of Coahuila and Texas, deputies, or representatives, from the several electoral districts throughout the state, to the State Congress, were elected by district electoral assemblies composed of electors, or delegates, chosen by the citizens in the respective assemblies, as was done in the case of the governor, vice-governor, and councellors. The district electoral assemblies was held in the capital of the district, which in the case of the municipality of Refugio was the old town of Bexar. The delegates to the district assemblies were chosen at municipal electoral assemblies, "composed of citizens in the enjoyment of their rights, domicilated and resident within the limits of the respective Ayuntamiento. No person of this class shall decline attending the same." The municipal assemblies were held on the first Sunday in August and the day following and were presided over by the alcalde or the chief of police. The law required that the electors be of twenty-five years of age and upwards and to have been domicilated in the same district for at least one year immediately preceding the election. The district electoral assemblies were held about the middle of September of each year. [Constitution of State of Coahuila and Texas, Arts. 47-77; 129-138].

While the municipalities of Goliad and San Patricio, among others, had electors in the District Electoral Assemblies at Bexar in 1834 and 1835, the municipality of Refugio does not appear to have been represented. This was probably due to the fact that in 1834 there were few of its citizens who possessed the constitutional requisites of municipal electors, and, again, the ayuntamiento having been installed only in July previously, it had pressing local matters to engross its attention. When the time for election arrived in August, 1835, political affairs were in a turmoil and war was imminent, being in fact but a month away. In May of that year the Congress of the state had been dissolved by General Cos at the points of bayonets, and on election day the constitutional governor Viesca was repining in prison in Monterrey. Evidently the local electors did not deem it worth white to send delegates to Bexar. However, the fragmentary archives of this municipality reveal that the Jefe Politicio at Bexar forwarded to the Refugio ayuntamiento, along with the others, reports of the proceedings of the District Electoral Assemblies for both years:

Archives of Ayuntamiento of Refugio (in Refugio County Clerk's Office): a. Juan N. Seguin, Jefe politicio, to Refugio ayuntamiento dated Bezar, Dec. 1, 1835 announces appointment of Angel Navarro as his successor and thanks local for their cooperation; b. Angel Navarro, jefe politico, to Refugio ayuntamiento; dated Bexar February 11, 1835 transmits copy of decree relative to election to be held for electoral assembly to elect deputado; c. Manuel Barrera, juzgado civil, to Refugio ayuntamiento, dated Goliad, Dec. 28, 1834 forwards serious complaints of one of the citizens at Goliad; d. Complaint of Dolores Saenz, widow of Nicolas Carbajal, of disregard of her titles by Power. Notation (of ayuntamiento of Goliad) that all proceedings on part of either Power or the Viuda are suspended pending action of the government. Angel Navarro acknowledges receipt, Feb. 12 1835 a Manuel Sabriego, condte of Goliad, to Refugio ayuntamiento. Dated Refugio, July 27, 1834; He demands possession of the mission of Refugio for his troops; f. Angel Navarro, to Refugio ayuntamiento, dated Bexar January 26, 1835; transmits list of candidates eligible to become electors; g. Report of meeting of assembly at Bexar Jan. 25 1835; Municipalities represented, Bexar (el senior), Goliad, Guadalupe, San Patricio (2); Attested by Angel Navarro, Jose Ma. Flores, Nicolas Flores, Roberts Galan, Edwardo Linn, Tomas Adams, George O'Docharty and Ygnacio Atocha; h. Jose Ma. Valdez, to ayuntamiento, de la Mission, dated Goliad January, 1835; invitation to attend patriotic celebration at Goliad on 12th inst. "Will be held with splendor and speeches"; i. Juan N. Sequin to Ayuntamiento de Refugio, dated Bexar, Sept. 15, 1834. Announcement of inauguration of Governor Elguezabel, and advice of unrest along the Rio Grande against the government; j. Angel Navarro to John Dunn, dated Bexar Feb. 12, 1835; opinion that time for nominations of alcaldes cannot be extended and that old alcalde cannot claim office, neither can the commissioner be an alcalde; k. Angel Navarro to Ayuntamiento Refugio, dated Feb. 12, 1835 acknowledges receipt from Goliad of list of those qualified to be voted on for the ayuntamiento Jose Jesus Vidaurri disqualified, and cannot serve on ayuntamiento as he is in the colony on government business; l. Fragment, addressed to ayuntamiento Refugio. Badly mutilated cannot be read; m. Angel Navarro to Ayuntamiento Refugio, dated Bexar, April 13 or 24, 1835; transmits copy of instructions of Supreme Government dated April 9, 1835, relative to plan of Cuernavaca and the revolutionists of Leona Vicario; n. Angel Navarro to ayuntamiento Refugio. Dated Bexar, 1835 (month obliterated) Printed decree confirming elections by electoral assemblies of Bexar, etc., held Feb. 9, 1835, and announcing results Augustin Viesca, governor, Ramon Musquiz, vice-governor, proprietaros consejaros, Marcial Banego, Jose Ma. de Uranga, Miguel Falcon, consejaros suplentes, Bartolomae de Cardenas, Eugenio Navarro; o. Printed decree, dated Monclova, March 20, 1835, pertaining to election of Feb. 19, 1835, signed by Jose Anto. Tijerina, Andres de la Viesca y Montez, deputado senetario James (Diego) Grant, deputado, Jose Ma. Cantu, Jose Benito Comancho y Estrada, official segundo. Endorsed for transmittal by Angel Navarro to Ayuntamiento de Refugio for observance, April 30 1835; p. Printed decree, dated Monclova, March 30, 1835, ordering that 400 sitios of grazing land be sold according to the law of March 14, 1835. Signed by Jose Anto. Tijerina etc. Endorsed for transmittal by Navarro to Ayuntamiento de Refugio, April 20, 1835; q. Printed decree, dated Monclova, April 4, 1835; Declares Juan Toler to be a citizen. Signed by Jose Ma Mier, presidente, Diego Grant,,Deputado sec., Jose Ma Carbajal, deputado sec., Marcial Barrego and Jose Ma. Faleon. Forwarded by Navarro to Ayuntamiento Refugio, April 23, 1835, with instructions to publish; r. Report of meeting of electoral assembly at Bexar Feb. 8, 1835 as ordered on sec. 16, 1834. Angel Navarro, presidente, Refugio de la Garza, Miguel Arciniega, Ramon Musquiz, countersigned by Zambrano and Flores; s. Angel Navarro to Ayuntamiento Refugio, dated Bexar, Feb. 11, 1835; Alcalde at Goliad has protested because not informed of Vidaurri appointment as commissioner. The jefe politico has cited, him to six articles of the colonization law.

Several causes appear to have been tried before the ayuntamiento, one being a suit for wages brought by S. A. White. The archives of the ayuntamiento have disappeared, but among the Milford P. Norton Papers appears the following interesting document, written on stamped official paper, and which at one time must have been part of the municipal archives:

To the Senor Alcalde (Acting) in turn: Santiago Hewetson, Empresario of this Colony appears before your Honor and lodges certain protests regarding which he states: That on the night of the second day of the present month of September my person was attacked in the house of the Commissioner Citizen Santiago Reily by citizen Mordocaio Cullen who gave me serious facial blows on the hair (gray hair) and head which could have caused death or damage to my senses, for the reason that he found me under the influence of liquor which I had taken with some friends and on account of his hidden resentment because as an empresario I did not concede to his ambitious demands. To this injury there is to be added the defamation which he caused on this same occasion imputing (to me) the crime of defrauding the colonists and the government; bringing to the first (named) discord and discontent and a belief in such calumnies with offense to our honor.

Nor are these the only offenses of the citizen Cullen. He publicly threatened one of the Regidores because he would not accede to his many individual demands; and on various occasions he has stirred the town with the purpose to oppose the empresarios, so that these transgressions became serious to that office (of empresario). Without a doubt your Honor should know the seriousness of these (things), and for which reason I accuse (him) before your Honor in due form under oath.

I petition on account of your integrity to serve - - - be by receiving this summary information and introduce this cause according to law. I demand to prove what it contains, and (after hearing the) accusation which I ask (to be done) in good faith, there be applied the merited penalty. Refugio, September 9, 1834 Santiago Hewetson

For presented and admitted I James Browne first regidor and now acting Alcalde in turn on account of impediment on the part of the first, do receive the anticeding accusation and ordain that the offered information shall be given to the petition, and in virtue of this decree the party accused is notified. Therefore in the presence of witnesses I sign. James Brown red. test John Dunn Joshua Davis

In pursuance of the preceding I have notified the plaintiff and having read the foregoing decree he answered that he was apprised and fully understood its contents, and,therefore in presence of witnesses he has signed with me on the same day and date. Joshua Davis James Brown 1st red. Santiago Hewetson

Cullen did not become a colonist, nor receive a headright, but left the colony and settled in Philadelphia, where he became a physician. [Rosalie Priour, Depositions, Welder-Lambert Law Suit].

That the ayuntamiento was still having its troubles with the authorities at Goliad is evidenced by the following document, dated May 12, 1835, addressed (probably) to the Jefe Politico at Bexar. The document was furnished the author by Mrs. C. O'Leary, a granddaughter of the alcalde John Dunn Don.

In the town of Refugio, on the 12th day of March 1835, and united all in the usual place, our Illustrious Magastrates, John Don [Dunn] Yzarretorrea, 2nd Governor director and Martin Laula [Lawler], recorder who opened the session, and manifested there, all the damages and harm caused incessantly to this town by individuals residing in the town of Goliad, we here only refer to the most recent offense occurring but yesterday. Our recorder who made a trip to Goliad with the consent of this corporation, to solicit the Government mail, wherein is stated the delays caused it. We were anxiously awaiting to know if the Honorable magistrates kept in mind the few means we have of assisting or defending ourselves, for tho' several have been there with the purpose of bringing their families, have called for the Government mail, and were told by the person in charge there, that it was very true that Government mail had arrived by the last mail, but that Thomas G. Western, a foreigner and merchant of the town called for all the mail. They then went directly to this man in order to secure mail, and he replied to them that he had forwarded the mail by one foreigner, who he knew not, in fact did not even know his name. These documents we have not received nor do we know where to go in order to secure them. (Stating herein that in no time has he had power from this corporation to act in this manner) We write this here as facts, and forward to you in order that you may punish this person as the law requires in this case, being of no less importance, the views that this act has caused us to take upon the same matter, we have forwarded to you since last January up to date several documents, to which we have not received any reply from you. We have not known the cause of the delay, only if it could be caused by you disliking the manner in which they were written, and this only you can tell. The truth is that we lack answer and cannot work out the cause of delay; we believe them to have been taken in the same manner by that wicked man, perhaps he may have destroyed orders sent to us by the Government, all with the idea in mind of disgracing us in the eyes of the Government.

While writing this representation, we received a personal Letter from San Patricio, in which he states that a Justice of Peace has been elected, and sent his vote for the election of Political Chief of the Department of "Bejar," this was sent here and being a Government order we should have received it but up to date have not, which only confirms our suspicions of this man, perhaps together with two or three more foreigners of that town who are unhappy, owing to their evil minds and beastly tempers, and who are using all their foul means to bring us to destruction and ruin, as has been said in Goliad that they do not respect the laws of our government, but attack our rights, and in this manner making a discord, and disturb our peaceful union; but this charge we will hold till later till the Government calms down from the storm that is threatening it.

This official letter, as stated above, is to advise that we have received no answer from you to our documents, some of which were asking for power to stop these foreigners, who have no principal, or education whatsoever. Also we asked of you the power to name a Judge, and also to organize a civic company, which petition we now repeat.

We beg of you to have this brought to the notice of his excellence the Governor, in order that he may not accuse us of being indolent in the present critical stiuation, as also for not complying with orders and laws, that we have not received due to our disturbed conditions. With this the session closes, signed by all the magistrates, of which I as secretary witness…..Signed, John Don Ixarrestoria [sic] Martin Laula [sic] This is a copy of the original which exists in this office. Villa of Refugio, the 13th of May, 1835 Signed John Dunn Ira Westover

Pursuant to the call issued by the Committee of Safety and Correspondence of the municipality of Columbia on August 20, 1835, the municipality of Refugio proceeded to hold an election of delegates to the General Consultation, as soon after General Cos had left the colony as possible. The election probably was not held on October 5 as scheduled. Colonel James Power, John Malone, and Hugh McDonald Fraser were elected delegates from this municipality; and all of them served at one time or another in the hectic General Council. [Proceedings of the General Council, 33, 34; G. L. 581-582]. On November 26, 1835, the General Council appointed first and second judges for all municipalities in Texas. On the nomination of Colonel Power, Martin Power was appointed First Judge, and Martin Lawler, Second Judge, for the Muncipality of Refugio.l8 These officers probably appointed the other members of the ayuntamiento, but, unfortunately, we do not know who they were, with the exception of John James, who was the sindico. [Mitchell, First Flag of Texas Independence; Philip Power, Memoirs].

The ayuntamiento of Refugio continued to function at Goliad and at Refugio until about the latter part of February, 1836, when it was reported that Urrea's army was advancing towards Refugio. The ayuntamiento then removed itself to Goliad where it functioned until the members had to disperse in order to take their families to places of safety. [Depositions of Edward McDonough, in Byrne v. Town of Refugio]. The sindico John James, who is said to have had with him the more important archives of the municipality, was intercepted by Captain Carlos de la Garza and a troop of local rancheros and a band of Karankawa Indians. James was taken to Goliad, and was shot with Fannin's men. The archives, which he had with him, disappeared. [Depositions of Edward McDonough, in Byrne v. Town of Refugio. Depositions of Michael O'Donnell, Edward Perry and John Hunes, in Matter of application of Heirs of John James for Land certificate, Sept. to Nov. 1858].

Edward McDonough states, "The town of Refugio was not entirely broken up until the month of February, 1836, when the Mexican army entered San Patricio. The inhabitants fled generally from Refugio, though, in October, 1835. Both officers and citizens left their homes in Refugio and joined Captain Dimmitt until discharged, but they had then their regularly elected Alcaldes and the officers who performed their usual duties and services in Goliad, sending their delegates to the convention, and after their honorable discharge, doing and performing the same duties in Refugio. [Depositions of Edward McDonough, in Byrne v. Town of Refugio].