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Auction 4: Lots 173-188

173. [TEXAS REVOLUTION]. MEXICO (Republic). PRESIDENTE INTERINO (José Justo Corro). [Decree promulgated February 9, 1836, by José María Tornel, Secretary of War and Marine, closing until further notice the ports of Matagorda, La Baca, San Luis, Goliad, Anahuac, Copano, and all Texas roadsteads between longitudes 94º 50’ and 101º 10’, commencing]: El C. José Gómez de la Cortina, Coronel del batallón del Comercio y Gobernador del Distrito...para cerrar los puertos ocupados por fuerzas que no obedezcan al Gobierno.... Mexico City, February 11, 1836. 1 p., folio broadside, with embossed seal. Tape stains and marginal chipping.

Streeter 883 (noting that this bando issue by Governor Cortina was the earliest issue he was able to locate). Attempting to strangle the Texas rebellion, the Mexican government closed its ports by this decree.
($300-500) $345.00


 174. [TEXAS REVOLUTION, JAMES MORGAN & NEW WASHINGTON ASSOCIATION]. Manuscript archive containing twenty-eight documents and letters relating to events in the Texas Revolution and the establishment and history of the New Washington Association. Various places (mostly Texas and New York), 1833-1850 (all but three 1835-1841). About 90 pp., 8vo & folio. Condition varies, mostly very good to fine. Many of the manuscripts bear James Morgan’s handwritten notes and docketing; some are his drafts or retained copies. The collection has been in private hands since the nineteenth century; the manuscripts belonged to J. C. Terrell, Jr. of the Fort Worth area, and passed to his descendants. We have checked with the Texas State Library, UT, the Rosenberg Library (owns Morgan’s papers), and other institutions, and the papers are of sound provenance. None of the manuscripts are listed in The Texas Correspondence of Samuel Swartwout and James Morgan 1836-1856 (Austin: Shoal Creek, 1978, edited by Bass and Brunson).

A remarkable, unpublished archive containing outstanding manuscripts on the Texas Revolution, including signed proclamations issued by President David G. Burnet following the Battle of San Jacinto. Included in this group are manuscripts relating to Santa Anna’s incarceration as a prisoner of war following the Battle of San Jacinto and the Treaties of Velasco. Republic-era manuscripts include two good letters written by Sam Houston to Colonel James Morgan (neither appears in The Writings of Sam Houston).

Most of the manuscripts in the archive relate to James Morgan (New Handbook IV, pp. 835-35) and the New Washington Association (New Handbook IV, pp. 1,005-06), one the most ambitious ventures devised during that feverish era of land speculation prior to the Texas Revolution. Morgan (1787-1866), pioneer Texas settler, merchant, land speculator, and Commander at Galveston during the Texas Revolution, first came to Texas in 1830. An empire builder and true visionary, Morgan immediately recognized the vast potential of Texas and cast his lot with speculators in New York and Mexico City who made it their business to wrest Texas from Mexico and annex it to the United States-while simultaneously hoping to realize handsome profits. The New Washington Association was organized in mid-1834, and its members included Morgan of Texas; New Yorkers Samuel Swartwout (New Handbook VI, pp. 165-166), James Treat, James Watson Webb, Thomas E. Davis, John B. Austin, John S. Bartlett, Stephen Sicard, and Walter Mead; and, from Mexico City, Lorenzo de Zavala (New Handbook VI, pp. 1,147-48), William Dall, and Joseph Avenzana.

Acting as Texan agent for the NWA, Morgan purchased enormous quantities of land in Harrisburg and Liberty municipalities. The acquisition program began with Nicholas Clopper’s 1,600 acres, a strategic high peninsula overlooking the San Jacinto River at the head of Galveston Bay. Here the town of New Washington was created; the chosen name expressed the fervent aspirations of the speculators, who intended that it should become the capital of the coming empire. (Their dream was not realized, but their vision was sound. New Washington was located where Buffalo Bayou enters San Jacinto Bay, the point where the Houston Ship Channel ends.) Morgan procured schooners to carry goods and passengers to the new town, instituted an ambitious building program of warehouses, stores, and hotels, brought free blacks from New York and Scottish Highlanders to Texas, and eventually made New Washington the unrivaled center of trade on the Texas coast and the unofficial headquarters of the nascent Republic.

The archive documents the pivotal part played by Morgan and the NWA during the Texas Revolution and the formative days of the Republic. The NWA investment in Texas was considerable, and the volatile, shifting tides of Mexican politics made their land titles vulnerable and the investors nervous. As the move for Texian independence strengthened, Morgan and his partners (particularly Treat, Swartwout, and Zavala), were not content to wait placidly for conditions to improve. They had too much at stake. Samuel Swartwout made his New York office the focal point for Texan agents in the U.S., organized sympathy meetings and fundraising events for Stephen F. Austin and others, amassed an arsenal of weapons and supplies which he shipped at his own expense, and rescued two Texan warships from the auctioneer’s gavel. Closer to the scene of action, Morgan oversaw distribution of supplies in Texas, raised funds for the cause, unsuccessfully defended the New Washington complex from Santa Anna’s torch, and served as Commander of the Texas garrison on Galveston Island during the Revolution and its aftermath. Following the War, Morgan rebuilt New Washington, and his home again became the gathering point for the most influential men of the Republic and the contact point for foreign dignitaries visiting the new country. However, the upheaval and losses of those tumultuous times severely curtailed the profits of the NWA, and Morgan was unable to collect for goods and money lent during the Revolution and the early days of the Republic. The NWA pursued claims-first to the Republic of Texas, and then to Mexico in 1848, after the Treaty of Guadalupe Hidalgo. The NWA dissolved around 1853. Some of the papers found in the archive include the following (arranged chronologically):

LABADIE, Dr. Nicholas & James Morgan. Four documents in Morgan’s hand recording business accounts between Morgan and Lababie. All dated at Anahuac, 1833-1837. Labadie, a noted pioneer physician from Canada, served at San Jacinto and wrote a highly controversial account of the battle for the 1859 Texas Almanac. New Handbook III, pp. 1,178-79.

ANDREWS, Edmund. Autograph letter signed, to James Morgan. Brazoria, April 20, 1835. 2 pp., 4to. Wreck and damage of a vessel belonging to the New Washington Association; Stephen F. Austin still held in Mexico on bail; empresario contract of Robertson suspended. Andrews, a leading citizen of Brazoria, was on the Committee of Safety and assisted with provisioning the Texian Army.

NEW WASHINGTON ASSOCIATION. Manuscript entitled “Articles of Association 1835 NWA.” New York, October 23, 1835. 6 pp., folio. Contemporary copy. Twelve articles with conformed signatures of all the board members. “The business of the Association is declared to be the acquiring of title to lands & other property in Texas by clearing, purchasing or otherwise setting & improving the lands so organized, procuring laborers from Bermuda & other places & employing them upon the lands so purchased, the erection of hotels, stores, warehouses, and the making of other improvements at the place called New Washington, the purchase of vessels, goods and provisions for the purpose of carrying on the operation aforesaid and of managing all matters incidental thereto.”

TREAT, James. Autograph manuscript, signed. New York, November 13, 1835. 1-1/2 pp., folio. Two extracts from the minutes of the meetings held in October by “The Galveston Bay & Morgan Association” (the name of the NWA before its formal Articles of Association). The Association agrees to buy Morgan’s two leagues of land. A rare autograph by a pivotal person in Texas history-Treat sought U.S. annexation of Texas as early as 1836, served as diplomatic agent of the Republic of Texas, and labored industriously during 1839 and 1840 to secure Mexican recognition of Texas independence.

TREATY OF VELASCO (public version). Contemporary copy or draft of the original treaty, misdated June 14 (rather than May 14), 1836. 2 pp., folio. Rough condition, some words missing from chipped margins. This important treaty ended hostilities between Texas and Mexico following the Battle of San Jacinto (New Handbook VI, p. 558). The present copy has minor differences from the known official signed copies (at least two copies are known, one at the Center for American History at UT, and another at the El Paso Public Library in the Rusk-Edwards Papers; it is not clear if the copy in the archives of the Guerra y Marina in Mexico is extant).

The present copy should be compared to the other known copies (we have ordered photostats of the two copies in Texas and are attempting to trace the copy in Mexico City). We believe it possible to determine the writer of the copy in this archive. The presence of this copy of the Treaty made at the time of the original is understandable in light of Morgan’s close ties to the leading figures of the period, and the pivotal role he played in the Texas Revolution and events immediately following. “[Morgan’s] home was the focal point of Texas economic, social, and political activity in the 1830s and 1840s.... [Morgan] was privy, at times, to most sensitive information” (Fragile Empires, p. xi). Some idea of Morgan’s part in the Treaty of Velasco and saving Santa Anna from mob violence by outraged Texian soldiers is revealed in an 1841 letter from Swartwout to Morgan: “The Brute Santa Anna, who owes his life to your clemency, will never forgive you for sparing him and he will take the earliest opportunity to revenge himself” (Fragile Empires, p. 156). A final note: This archive originally contained a signed original of the secret version of the Treaty, which vanished in the early 1970s when the archive was temporarily entrusted to other hands. We would appreciate being advised should any interested archivists, collectors, or dealers ever hear of the secret version of the Treaty reappearing in the future.

TEXAS (Republic). ARMY. Original manuscript muster rolls of troops returned to Camp Travis [Galveston Island]. June 6, 1836. 1 p., narrow, long double folio. Military documentation of this type for the Texas Army is rarely available in the market. Morgan served as commander of the Texas garrison at Camp Travis during the Texas Revolution and in the aftermath. “At the end of the fighting [Morgan] was commander of the only Texas military unit with responsibility for specific real estate in the vicinity of San Jacinto, and he was therefore designated to establish a prison in Galveston in order to receive and guard the Mexicans taken in that battle.... A heroic effort was required by Morgan to avert a major disaster not only for the prisoners but for the Texans who had crowded into Galveston Island as well” (Fragile Empires, p. xxiii).

LÓPEZ DE SANTA ANNA, Antonio. Contemporary manuscript translation into English of Santa Anna’s protest to President David Burnet regarding his treatment while a prisoner of war following his capture after the Battle of San Jacinto, citing the conditions of the secret Treaty of Velasco. [Quintana or Velasco], June 9, 1836. 3 pp., folio. In addition to lengthy, outraged general complaints, Santa Anna asserts: “The act of violence committed on my person and the abuse to which I have been exposed in compelling me to come again ashore on the 4th instant merely because 130 volunteers, under the command of Genl. Thomas J. Green recently landed on the beach at Velasco from N. Orleans, had with tumult and with threats requested that my person should be placed at their disposal.” The incident Santa Anna refers to was the occasion of the Treaty’s invalidation. The Papers of the Texas Revolution (#3358) transcribe a slightly different version found in Foote’s Texas and the Texans.

BURNET, David G. Contemporary manuscript copy of Burnet’s reply to Santa Anna’s protest (preceding). Velasco, June 10, 1836. 6 pp., folio. This document and the preceding are on the same type of paper as Burnet’s original signed proclamation (see next). Burnet addresses each of Santa Anna’s complaints with satire and irony, reminding the dictator that most of the privations he claims to suffer are a direct result of his invasion of Texas. Burnet assures him that the Treaty of Velasco will be honored. However, Bancroft (North Mexican States & Texas II, pp. 274-75) states: “Burnet’s reply, in which the Texan president, while deprecating Santa Anna’s assertions of his ill-treatment as a prisoner, felt compelled to make the humiliating confession that the government, owing to ‘the influence of a highly excited popular indignation,’ had been constrained to deviate for a season from the terms of the treaty. Thus, the treaty...was broken.” Comments by Burnet in this lengthy document include:

The Citizens and Citizen Soldiers of Texas, have felt...a deep, intense and righteous indignation at the many atrocities which have been perpetrated by the troops lately under your Excellency’s command, and especially at the barbarous massacre of Brave Colonel Fannin and his gallant companions.... If your Excellency alludes to the accommodations which have been assigned to you....we are at present destitute of the Ordinary Comforts of life...mainly attributable to your Excellency’s recent visit to our new country and on this account, we feel less regret that you should partake of our privations.... Your Excellency has acquired too great a celebrity in Texas not to be an object of curiosity with the multitude, but I believe you will bear testimony to the magnanimity which restrained a tumultuous and highly exasperated crowd, from offering any indignity to your person.

The Papers of the Texas Revolution (#3368) cite a slightly different version, taken from Foote’s Texas and the Texans.

BURNET, David G. Manuscript address, signed. Velasco, June 11, 1836. 13 pp., folio. This document relates to the conduct of the New Orleans Volunteers and other citizens who became extremely exasperated with what they perceived to be their government’s temperate treatment of Santa Anna. Public meetings and inflammatory speeches were made, Burnet was charged with treason and venality, and a mob threatened to put Burnet to death and tear Santa Anna to pieces. With lofty sentiment overflowing with oratorical and literary devices, President Burnet here attempts to persuade the Citizen Soldiers to honor the Treaty of Velasco, regardless of their personal abhorrence of Santa Anna. Burnet reminds them:

If recklessness, dishonesty, insubordination, or want of good faith be exhibited, then, indeed, may Texans have cause to mourn over her abused independence and to sigh for the potsherds of Egypt.... The Government of Texas has deliberately entered into a treaty with the President, General Santa Anna. That treaty may be wise, or it may not; time will develop. Be it what it may, it has been solemnly made and the good faith of Texas is pledged for its consummation.... But I will not dwell upon the relative capacities of the Mexican Chiefs. If we must fight them again, it is of little import who leads their miscreant hordes. We must and can, carry the war beyond the Rio Grande; and whether Santa Anna or Bravo or another, be there, he will witness a rehearsal of the brilliant tragedy of San Jacinto.

The Papers of the Texas Revolution (#3381) transcribe the slightly different version that is in the Executive Record Book of the Texas State Library.

BURNET, David G. & A[exander] Somervell. Manuscript written in the hand of Somervell, signed by Burnet and Somervell. Velasco, July 14, 1836. 1 p., folio. Burnet, as President of the Republic of Texas, and Somervell, as Secretary of War (New Handbook V, p. 1,144), issued this proclamation revoking commissions issued to officers not then in actual service. See Streeter 175 for the printed version (known only by the copy at the San Jacinto Museum): “Texas had a large army to support, a growing navy, and also a civil list, and an empty treasury. The practice of impressment had grown so burdensome that it had exhausted itself.” The Consultation of 1835 had set up a paper army, with an inordinate number of commissioned officers, more than were actually necessary to command the small numbers of regulars, militia, the Ranger corps, and the sometimes unruly volunteers. Suffering under the most appalling financial pressures, the Ad Interim government saw fit to cut their expenses by releasing superfluous officers. The Papers of the Texas Revolution (#3699) record the original in the Executive Record Books in the Texas State Library. This version differs in that Somervell’s second title “Acting Secty of Navy” is omitted.

TEXAS (Republic). ARMY. Contemporary manuscript copy of two orders. Velasco, July 20, 1836, and Quintana, July 26, 1836. 2 pp., folio. The first order, by Henry Millard and E. L. R. Wheelock (New Handbook VI, pp. 919-20), commands the Quarter Master of the Texian Army to forward immediately to Copano arms, equipage, clothing, and materials for building fifty Mackinaw boats. The second order, issued by Almanzon Huston (New Handbook III, pp. 801-02), Quartermaster General of the Texian Army, authorizes the previous order to be carried out by William Lawrence, Quartermaster at Galveston (New Handbook VI, p. 121).

NEW WASHINGTON ASSOCIATION. Manuscript entitled: “Proceedings at a Meeting of the New Washington Assn.” New York, August 30, 1836. 4 pp., folio. Contemporary copy, with note on verso “Important!”: Approval of Morgan’s actions thus far; problems Morgan has encountered fulfilling his duties “in consequence of the disturbed state of the country;” cancellation of the plan to introduce free colored indentured laborers from Bermuda (the Republic of Texas prohibited free persons of color entering the country); increasing the NWA line of credit in New Orleans; interest payments to Mrs. Morgan for NWA purchase of Mr. Morgan’s personal land interests; reiteration of lands and payments on land; request for current financial statements.

TREAT, James. Autograph letter signed twice, to James Morgan. New York, September 10, 1836, plus long postscript dated September 14, 1836. 4 pp., folio. Report of the meeting of the NWA shareholders and request that documentation be assembled to substantiate property lost during the Texas Revolution. The postscript concerns the arrival of the Texas Navy ships Brutus (New Handbook I, pp. 780-90) and Invincible (New Handbook III, pp. 780-90), noting that Samuel May Williams (New Handbook VI, p. 988) is expected to arrive with scrip to pay for refitting the Invincible (in the end Swartwout paid for the refitting). Also discussed is a loan of four thousand dollars from “friends of the cause” to pay the crew of the Brutus, who were threatening legal action against the ship for not paying their wages. Excellent content.

BAKER, Moseley. Autograph letter signed, to James Morgan. Evergreen [Goose Creek, in Harris County], January 13, 1840. 1 p., 4to. Baker sends money to Morgan and asks him to look for his wines in the warehouse at New Washington. Baker was a pioneer legislator, soldier, staunch Texas booster, and energetic foe of Sam Houston. See New Handbook I, pp. 349-50.

SHELBY, A. B. Autograph letter signed, to James Morgan. January 28, 1841. 3 pp., 4to. Shelby, a district judge, gives an opinion on what the structure of the government of the Republic of Texas should be, including its proper obligations.

HOUSTON, Sam. Autograph letter signed, to James Morgan. Cedar Point, May 29, 1841. 2 pp., 4to. Houston asks Morgan to collect funds due him from Mr. Lee [Lea?], stating: “I never felt the want of cash so much. I hope that it will be in his power to help me out for the present, or I will be distressed indeed!” Houston reports that the medicine Morgan sent did not agree with him and that he had discontinued its use. He states that he intends to “raise another house” and requests a plug or some tobacco (“if you can spare any”) and the loan of two dogs. Not in The Writings of Sam Houston.

JACOB, Kissam. Autograph letter signed, to James Morgan. New York, June 24, 1841. 1-1/2 pp., 4to. A good letter revealing Morgan’s straits due to financial support rendered Texas during the Revolution and formation of the Republic. The writer draws Morgan’s attention to “the amount due from you for cash actually advanced near two years ago in executing your order, which we should certainly have declined executing from any other resident of Texas at that time.” The second page contains Morgan’s rough notes of reply explaining that James Treat had the money but had died coming back from Mexico, that now he is waiting for [General James] Hamilton to obtain a loan [from Europe] that will put Texas on sound financial footing. New Handbook III, pp. 428-29.

MORGAN, James. Autograph manuscript signed, to NWA. N.p., July 26, 1841. 4 pp., 4to. Retained draft, with corrections. Report on NWA discussing financial problems, assets, loss of the schooner Flash (privateer in the first Texas Navy), etc. Morgan states:

The lands owned by the Association are generally well selected and valuable, but owing to the deficiency of capital in the country cannot be sold just now for cash.... We must wait for better times or better laws. Should Genl. [James] Hamilton succeed in obtaining a loan in Europe...a bank can be established in Texas, everything will look up at once and something handsome may be realized from the land.... Texas is yet a new country still unacknowledged by Mexico, yet prospering greater as fast as any of the states of the Union-Once peace [is] fairly established, with such a soil & climate what may not be expected.

This rough draft is interesting in the way that Morgan tones down statements that might alarm the New York investors. For example, he changes “Texas...still at war with Mexico” to “still unacknowledged by Mexico.”

NEW WASHINGTON ASSOCIATION. Manuscript, with Morgan’s corrections: “List of Lands in Texas Owned by the N. Washington Association for which There are Deeds Obtained by the Agent J. Morgan.” [1841?]. 1 p., large folio. Ledger-type listing of 22 properties of the NWA beginning with the land purchased from Nicholas Clopper on April 4, 1835, for $3,246.75. Each entry includes “Of Whom Purchased,” “Where Located,” “Date of Deed,” “No. of Acres,” “Cost,” “Remarks.” Excellent documentation on the NWA. Some idea of the grandiose vision and energy of the NWA may be inferred by the fact that at this point they had acquired deed to acreage totaling 62,364 acres at a cost of $14,213.73.

NEW WASHINGTON ASSOCIATION. Manuscript, with Morgan’s corrections: “List of Lands Secured by Title Bonds, Contracts, etc.” [1841?]. 1 p., large folio. The document has added footnotes in at least two other hands. Similar to preceding, listing 15 properties under contract, but not yet deeded. The on-going acquisition program of the NWA consisted of 54,228 acres at this time. Notes later in the document state:

The Land Office having been suddenly closed, and not yet opened, and the Archives taken away during the flight of the inhabitants last spring, and not since returned, and although titles to some of this above now made out and in the office, yet there is no chance of obtaining them until the land offices are opened again. The present Congress will probably do something towards perfecting title to those who have their lands surveyed, and former applicants.

HOUSTON, Sam. Autograph letter signed, to Morgan. Cedar Point, July 30, 1841. 3 pp., 4to. A superb, unpublished letter revealing the intimate relationship between Morgan and Houston. The letter relates to Houston’s bitter 1841 presidential campaign against David G. Burnet, “that has probably been unequaled in American politics for vilification and mudslinging. Under the pseudonyms of ‘Publius’ and ‘Texian,’ Burnet castigated Houston unmercifully. Houston replied under the pseudonym of ‘Truth’ perhaps less vehemently but certainly with enough rancor” (Day & Ullom (eds.), The Autobiography of Sam Houston, pp. 169-171). Houston implores Morgan in this letter:

I send you No. 2 of ‘Truth,’ and as it is interlined so much, I hope you will have it copied, corrected and if you can, hand it to [Joseph] Baker [New Handbook I, p. 349] in person, and urge him to publish No. 1, if he has not done it with ‘Publicola’ also. I pray you to have these things done as a special favor to me. The name of the author is left with Baker, and they are not to compare ‘Publius,’ for abuse! It is out of the question to sustain all attacks and to make none, nor even to repel those always making! I beseech you to attend to this as a special favor to me, for I promised the gentleman to have it done, when he left me-and Mr. [Joseph] Baker promised to publish them, when the gentleman left his name. Don’t let them be mutilated by any means!... I feel beaten down because men lack moral courage.

MORGAN, James. Contemporary retained copy of a letter to M. Rockwell. New Washington, Galveston Bay, April 22, 1850. 2 pp. Regarding organization of materials for substantiating the NWA claim against the Mexican government for losses sustained during Santa Anna’s occupation of Texas.

PATRICK, George M. Certified copy of deposition. Harris County, June 26, 1850. 10 pp., 4to, with seal. This deposition was made to substantiate the NWA claim for damages during the Texas Revolution; it constitutes a consecutive, detailed history by a first-hand participant in the NWA. Patrick, a pioneer physician, came to Texas in 1828 and was very active in Texas political and military affairs throughout his long life (New Handbook V, pp. 89-90). During the Runaway Scrape, his farm served as the temporary seat of the Texas government. Dr. Patrick and Morgan became acquainted during the early 1830s, when Morgan made trips to Texas to check out the land excitement on the Mexican frontier. Dr. Patrick’s services were critical to Morgan and the NWA, because he was one of the most knowledgeable men in Texas for locating, assessing, and surveying land.

At the time that this deposition was given, Patrick served as chief justice of Grimes County. He deposes that in 1834 Morgan employed him to supervise the building of the NWA storehouse and to oversee the repair of the dwelling house at New Washington. He tells of Morgan returning to Texas in December 1835 with merchandise from New York, how the warehouses were overflowing, and states that New Washington probably had the best inventory within eighty miles. Patrick relates how Morgan was able to sell the merchandise at profits ranging from 100% to 300%. He describes Santa Anna’s seizure of the complex in April 1836 and his own escape. When he next saw the place, shortly after the capture of Santa Anna, everything had been burnt. (He says that someone he trusts told of witnessing Santa Anna light the fire himself.) He acknowledges his familiarity with the books kept by Morgan and the NWA, explaining that is why he knows the value of items (e.g., brandy that cost 75 cents sold for $3.75 per gallon, salt costing $1.75 per sack sold for $5.00, etc.). He states that between December 24, 1835, and the April torching of the NWA complex, the firm sold $12,370.02 worth of goods. An essential document for understanding the New Washington Association. (28 items)
($45,000-65,000) $63,250.00

175. [TEXAS SCRIP]. Printed Republic of Texas land scrip with ornate typographic border, eagle at top, completed in manuscript, commencing: Texas Scrip. First. No. [439] 640 Acres of Land. [Samuel M. Williams of Quintana (Texas) and his] legal representatives [are] entitled to Six Hundred and Forty Acres of the Public Lands, to be located in the Republic of Texas, agreeably to the conditions contained...from the Republic of Texas to Thomas Toby, dated the 24th day of May last past, and to instructions from his Excellency David G. Burnet President of the said Republic.... New Orleans, William M'Kean, [August 10], 1836. Double folio, 4 pp., printed on first and third pages. Very fine, large, and handsome, signed by Samuel May Williams, Thomas Toby, William Christy, and others. With Williams’ manuscript transfer to Isaac Koonz on p. [2], dated at Philadelphia, February 20, 1837.

A very rare form of Texas scrip, printed in New Orleans. Jumonville, New Orleans Imprints 948. Not in Streeter, but see 1233 and 1234 for related items. Not in Criswell. When the newly established Republic of Texas was in dire financial straits, two New Orleans businessmen, Thomas and Samuel Toby, came to its aid. By financial instruments like this Texas Scrip, Toby and Brother, acting as purchasing agent for the Republic, bought supplies and made advances to the government in exchange for the authorization to sell 500,000 acres of Texas land at a minimum of fifty cents an acre (New Handbook VI, p. 513). The claim made by the Toby brothers for assisting the Texans in their hour of need was not settled until 1881. This unusual New Orleans imprint bears the signatures of Thomas Toby; Samuel May Williams (entrepreneur and Stephen F. Austin’s secretary and associate; New Handbook VI, p. 988); and William H. Christy (Chairman of the New Orleans committee to raise money for the Texas cause; New Handbook II, pp. 102-03).
($800-1,200) $920.00



 176. [TEXIAN LOAN]. TEXAS (Provisional Government). COMMISSIONERS. Texian Loan.... New Orleans: Benjamin Levy, 1836. Printed document completed in manuscript, signed by Stephen F. Austin, B. F. Archer, and William H. Wharton [Certificate No. 175, made out to Robert Triplett]. 4to broadside, printed on recto. Very lightly creased where formerly folded, otherwise fine, with triangular cut cancel missing (lightly stained around cancel).

First printing, printed date of January 11, 1836, the earliest date for any of the known Texian Loan certificates. Jumonville, New Orleans Imprints 944. Criswell locates a similar item (36A) which is from another typesetting. The Provisional Government issued these certificates to raise funds for the Revolution. They were redeemable for land at fifty cents per acre. The present certificate is made out to Robert Triplett, authorized agent for Texas in the U.S. and one of the prime movers and contributors to the Texian cause.
($1,500-2,500) $2,990.00

Click here for image of lots 176 & 177 (275 kb)


177. [TEXIAN LOAN]. TRIPLETT, Robert & William Fairfax Gray. Original manuscript agreement in Triplett’s hand, signed by Triplett and Gray, witnessed by Edward Hall (Texas Agent at New Orleans), Thomas H. Hill, and Judge H. H. League (one of Austin’s Old Three Hundred). Harrisburg, March 31, 1836. 1 p., 4to. Old paper repair affecting two letters, else fine.

A very important document relating to the inner workings of the financing of the Texas Revolution, written during the darkest days of the scarcely independent new country, when all unraveled into chaos. With news of the fall of the Alamo, the people of Texas were fleeing from Santa Anna’s approaching army in the Runaway Scrape, as were Sam Houston and the Texas Army and Cabinet. Texas was bankrupt and had no money to pay its mounting bills. Triplett, authorized agent of Texas in the U.S. and one of the earliest contributors to the Revolution, was the major lender on the Texian Loan (see preceding), and Gray had an interest in the Loan. On March 31, Gray (New Handbook III, p. 295) recorded in his diary, that there is “some difficulty still existing about the loan contract. The Cabinet still has it under consideration, and some modification is suggested.” The negotiation for the Texian Loan had been concluded on January 9, 1836, but the Provisional Government hesitated about confirmation of terms of the Loan until after news of the fall of the Alamo. Desperation galvanized the reticent politicians to act.

Triplett and Gray executed this agreement immediately before final approval of the Texian Loan contract the following day. In it, the two agree:

That if any difficulty arises between the taking of the two loan contracts compromised with the Executive Government of Texas...the contractors in both cases representing each loan shall leave the same to arbitrators.... The understanding being that the whole bonus, is given as a whole consideration, and the government to have nothing to do with any dispute between the parties.

As was the custom of the newly formed Texian government, the “whole bonus” referred to was to be a King’s Ransom in Texas land. Perhaps the driving force behind this agreement was the desire of Triplett and Gray to prevent the Texian government from controlling the division of the bonus. Either way, after the loan was approved by the Provisional Government, the next stop for Triplett was Galveston Island, where he proceeded to stake out the “spoils” of his Texian Loan for a future town.
($1,500-2,500) $2,070.00

Click here for image of lots 176 & 177 (275 kb)


 178. TOLSTOY, L. N. Anna Karenina.... Moscow: Tipografia T. Ris’, 1878. 369 + 493 + 413 pp. 3 vols., 8vo, rebound in contemporary-style half black morocco, maroon morocco labels, spine gilt, dark blue Victorian silk moiré sides. Faded ownership inscription dated 1880 at head of first title, Russian bookseller’s stamp above imprint at foot. Some slight foxing of early leaves. Lacking final blank to Vol. 3. A very good set, attractively rebound.

First edition. Kilgour 1196. One of the most influential and widely read novels of the nineteenth century in any language, and quite rare. Echoing the theme of Madame Bovary, Tolstoy’s (1828-1910) novel is a tragedy based on the eternal triangle, but with social and spiritual dimensions that lift it above the level of the usual novel of manners. The work appeared serially from 1873 to 1877; its composition caused Tolstoy and his magazine publisher Russkiy Vestnik enormous problems as he scrapped at least ten versions, including entire sections already set in type for the periodical edition. The ending, which Tolstoy changed twice in printed form, was printed separately before the book edition. The present printing represents the author’s final form of the novel. (3 vols.)
($5,000-9,000) $5,750.00

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179. TREAT, James. Autograph letter, signed, in Spanish (with occasional English), to Lorenzo de Zavala, [Jr.]. Nueva York, June 16, 1838. 4 pp., 4to. Minor marginal wear, creased where formerly folded, but generally fine.

James Treat (New Handbook VI, pp. 557-58) was one of the most significant players in events leading to Texan independence and annexation. Yet, his private life and motivations remain enigmatic. We do not think it unfair to conjecture that, in part, Treat was drawn to the animating pursuits of speculation, like his collaborators James Morgan, Lorenzo de Zavala, Samuel Swartwout, and others (see lots 114 and 174 herein). This long, intensely interesting letter sheds light on Treat’s activities and motivations, and documents his close personal, financial, and political connections with the family of Lorenzo de Zavala (New Handbook VI, pp. 1,147-48), revolutionary activist in both Mexico and Texas, Texas empresario, officer in the New Washington Association (see lot 174 herein) and the Galveston Bay and Texas Land Company (New Handbook III, pp. 53-54), and first vice-president of the Republic of Texas.

Treat, then actively pursuing annexation of Texas by the U.S., writes to Zavala’s son regarding turmoil in Mexico resulting from the Pastry War (France had blockaded Mexico); affairs in Texas; the senior Zavala’s estate (particularly the powers of attorney required of Zavala, Jr. as administrator of the estate); responsibilities of Zavala’s stepmother, Emily, and her husband, Henry Fock, as guardians of his minor half-brother and sister; the half-league land sale made to Lamar prior to his father’s death (Treat urges prompt perfection of that title); lengthy advice on the muddled legal issues confronting the problem-ridden real estate speculations of the Galveston Bay and Texas Land Company and the New Washington Association; role of Archibald Hotchkiss (New Handbook III, p. 708) as agent of the Galveston Bay and Texas Land Company; General Rusk (New Handbook V, pp. 721-22) and his agreement to pursue the Company’s claims in Texas for $2,500 cash, or one-tenth of the land received (terms Treat considers excessive but probably necessary); news of dealings by Samuel Swartwout (New Handbook VI, pp. 165-166), the New York real estate speculator who pursued annexation of Texas as early as 1836 and was involved in Burr’s scheme to seize Texas and the Southwest (New Handbook I, p. 157). Treat sends warm salutations from his family to the Zavala family.
($750-1,250) $862.50



 180. [VENEGAS, Miguel]. Natürliche und bürgerliche Geschichte von Californien...von Johan Christoph Adelung.... Lemgo: Meyer, 1769-70. 184; 198; 176 pp., folding engraved map. 3 vols. in one, small 4to, original brown pasteboards. Fragile boards lightly rubbed, else very fine. Rare edition.

First German edition of the first history of California (first published Madrid, 1757). Barrett 2537. Cowan, p. 658. Hill, p. 307. Howes V69. Lada-Mocarski 14n: “Much valuable information on the Russians’ and others’ discoveries in the North Pacific.” Wagner, Spanish Southwest 132c. Zamorano 80 78n. The map (Carte de la Californie Levée par la Société des Jesuites dédiée au Roy D’Espagne en 1757, 12-1/8 x 7-3/4 inches) may be a re-engraving from the French edition. The introduction contains a discussion of the geographical concept of California as an island which does not appear in the other editions. Medina, BHA (3855n) lists the various foreign editions of Venegas, but curiously, this rare edition is not mentioned at all. Warren Howell believed that the German edition was the most difficult to locate. (3 vols.)
($1,500-2,500) $1,725.00


181. [VESALIUS, ANDREAS]. [GEMINUS, Thomas]. Andreas Vesalivs. [Geneva]: Typographie Genevoise, 1964. [139] unnumbered pp. (entirely hand-set, printed on hand-made paper), numerous finely engraved illustrations. Tall folio, original gilt-decorated leather. Very fine, in publisher’s slipcase.

Limited edition (#88 of 215 copies printed for subscribers). This beautifully printed work presents in incredible facsimile the copper plates engraved by Thomas Geminus (ca. 1510-1562) in London in 1545 for his excessively rare piracy of Vesalius’ epochal anatomy (De humani corporis fabrica, 1543; see Dibner 122, Garrison & Morton 375, Horblit 98, and Printing & the Mind of Man 71n). Although Vesalius criticized Geminus’ book (Compendiosa totius anatomie delineatio), the new medium of copperplate engraving allowed Geminus to create a sharpness of line impossible for even the skilled wood engravers employed by Vesalius. Geminus’ work introduced Vesalian anatomy to England and was the second English book illustrated with engraved plates (Hind, plates 17-28). A typical Renaissance man, Geminus (or Thomas Lambrechts) was a Flemish surgeon, printer, engraver, and manufacturer of scientific instruments. The present scholarly edition includes related illustrations, such as the only authentic portrait of Vesalius (1542), facsimiles of the title-page of the first and second Basle editions of De humani corporis fabrica, etc. Scholarly text by leading authorities enhances the work. Cushing, Vesalius VI.C.-2n (pp. 122-126).
($200-400) $373.75



182. WALL, Bernhardt. Pirates. New Preston, 1925. 24 etchings, various colored inks, printed on wove paper. 16mo, original hand-bound green cloth with gilt circles on covers, gilt ruling, remains of maroon leather spine label. Fine. Presentation copy to Anne Lynch, "Xmas 1925," signed by Bernhardt Wall. Laid in is manuscript gift card signed by Alevia Lynch.

Limited edition (#35 of 100 signed copies). One of Wall's most popular works, with its lively renderings of romanticized pirate life. From Wall's copyright page:

There is a class of modern pirates - sailing under the black flag. The book-pirates and printer-pirates make brain productions their prey. For the benefit of the hundred owners of this edition, we have procured the protection of our government.

“[Wall’s etched books] are the finished work of a gentle, patient, sensitive man who was, by any standard, a well-rounded artisan. Wall wrote and illustrated his books, designed them, etched the plates, printed and signed each etching, then cut, folded, gathered, sewed, bound, lettered and labeled them.... Considering the labor involved, Wall’s editions were small” (Al Lowman, The Printing Arts in Texas, Austin, 1975, pp. 28-29). We are pleased to report that we are in the very final stage of our work in compiling our catalogue of Msgr. Weber’s collection on Bernhardt Wall, the finest collection on Wall in private or public hands. Each etching in each book is individually listed and described (thousands of individual images and variants), and an index has been compiled. With the help of friends and colleagues, we have been able to include in the catalogue raisonné the few books etched by Wall which Msgr. Weber was unable to acquire. Please contact our firm for details on ordering the catalogue (about one hundred copies will be printed for subscribers only).
($600-900) $690.00



 183. [WARD, Russell Evan (attrib.)]. History of the Cattlemen of Texas: A Brief Resume of the Live Stock Industry of the Southwest and a Biographical Sketch of Many of the Important Characters Whose Lives are Interwoven Therein. Dallas: Johnston Printing & Advertising, 1914. 327 pp., including colored frontispiece and numerous photographic portraits. Large 8vo, sympathetically rebound in black textured cloth, original gilt-lettered leather label on upper cover (rebinding appears to have been done at least twenty or thirty years ago). Mild to moderate foxing to three blank fly-leaves, half title, and fore-edges, otherwise the condition is fine for this book, considered “among the rarest and least known of books on the range cattle industry” (Reese, Six Score).

First edition (94 copies printed). Adams, Herd 2254: “Exceedingly rare.” Haley, Vandale, pp. 23-25. Howes Tl27. Reese, Six Score 59: “Biographical sketches of most of the larger ranch owners in Texas are given, along with a brief history of the industry. It was apparently issued by subscription only, in a small edition, and the fragile nature of the book has undoubtedly left only a few copies in existence.... It is one of the true rarities of both cattle and Texas collecting. I once described it as the ultimate cattle book, unfortunately before the dealer to whom I made the statement told me he had a copy. J. Evetts Haley, in his delightful book, Earl Vandale on the Trail of Texas Books (1965), tells the story of that determined collector and his acquisition of a copy. It should be one of the most prized books of any collector fortunate enough to own one.” See Harwood Hinton’s introduction to the 1991 reprint published by the Texas State Historical Association.
($10,000-15,000) $16,100.00


184. [WESTERN EPHEMERA]. Lot of fifteen Western bank checks, including: Montana First National Bank, Helena. July 22, 1869. Printed in green and orange and illustrated with bank teller. Rare and attractive. Banking House of L. H. Hershfield. Helena, Montana. October 2, 1866. Printed in orange, red, black, and gold; prospector at left. First National Bank of Helena, Montana. October 2, 1886. Illustration of geyser in scenic mountain background complete with cattle, train, town, and waterfall. Plus 12 others.

Each check is different. Excellent group for exhibit. (15 items)
($150-300) $402.50


185. [WYOMING BRAND BOOK]. Official Brand Book of the State of Wyoming: Showing All the Brands on Cattle, Horses, Mules, Asses, and Sheep, Recorded Under the Provisions of the Act Approved February 18, 1909, and Other Brands Recorded Up to October 11th, 1912. Laramie: The Laramie Republican Company for The State Board of Live Stock Commissioners of Wyoming, 1913. [4] 252 pp. (printed on thin paper), a multitude of brands illustrated. Narrow 12mo, original gilt-lettered flexible leather. A few leaves dog-eared, otherwise very fine.

First edition. Adams, Herd 2607: “Scarce.” Over eight thousand brands for near six thousand owners are documented.
($650-950) $747.50


186. [WYOMING TERRITORY & STATE: DOUGLAS]. Original manuscript ledger Police Docket. Douglas, Wyoming Territory & State, November 24, 1887, to June 22, 1910. The ledger is in two parts: (1) alphabetical register of defendants (partially kept), 52 pp. (2) record of charges (name of defendant and fees paid at left; detailed description of offense and its disposition at right). 1-314, 327-640 pp. (315-326 and a few final pages removed-perhaps to clear a record?). Very large folio ledger, original tan suede branded with decorative designs, overlaid with brown and burgundy calf gilt, spine with oversize raised bands, black leather labels gilt-lettered: “Police Court Docket” and “Douglas, Wyoming.” Long tear across middle of pp. 327-388 (no losses), otherwise in excellent condition. Written and signed by several justices, most very legible.

This manuscript documents in an engaging fashion the lawless side of the town of Douglas, beginning just one year after its establishment as a terminal town for Wyoming’s largest ranches by the Wyoming Central Railroad. In 1888 Governor Moonlight referred to the young town as the “hub of Wyoming Stock growing interests,” and the Wyoming Stock Growers’ Hospital was established there for the care of cowboys and ranchers. The ledger covers twenty-three years of rapid political change for Douglas. The pre-printed sheets have at the top “Territory or Wyoming, Town of Douglas, Albany County.” Beginning in July 1888, the writer marks out Albany County and inserts by hand Converse County, to reflect Albany County’s division into two counties. Douglas became the county seat of the new county. Beginning with the entry of August 2, 1890, “Territory” is lined through and replaced with “State” to document the change from territorial status to statehood.

A captivating chronicle recording in minute detail the attempt to legally regulate the human foibles and unfettered behavior of the rowdy denizens of this frontier outpost. Predominant among the charges logged are drunkenness, disorderly conduct, prostitution, “maintaining a bawdy house, or house of ill fame, for the practice of fornication,” illegal discharge of firearms, loitering, obscene language, street fighting, assault with intent to do harm, carrying a concealed weapon, robbery, procuring whiskey for minors, and even “leading a worthless and immoral life.”

Prostitution was so commonplace that early entries up to 1895 typically read: “On this 2d day of November A.D. 1889 May Arms paid her regular monthly fine for prostitution 400 and costs 100.” Ms. Arms, apparently a leading citizen, pops up on a regular basis in the ledger for almost fifteen years. As time passes, some charges evolve to reflect changing perceptions of law. For instance, in 1901, Ms. Arms’ clients, rather than Ms. Arms and her house of prostitution, become the focus of the wrath of the legal system. Several offenses are recorded in 1888 for improper dress or for women wearing male attire, e.g., Nettie Danielson was charged with “Appearing on the streets of Douglas in a dress not belonging to or becoming her sex,[ing] indecent and lewd behavior therein” (so much for “The Equality State”). Apparently no segment of Douglas society was exempt from the long arm of the law; an entry in 1896 charges that three school boys: “Did make, print, draw, write and create certain lewd, vile, and obscene words and characters and pictures in and upon the certain outhouse the property of School Dist. No. 17.... The Court after severely reprimanding them, and it being their first offense, fined each $500 and costs but suspended the fine during their future good behavior, and until they were able to earn it themselves without the aid of innocent parties.”
($2,500-4,500) withdrawn


187. [ZAVALA, Lorenzo de]. MEXICO (Republic). LAWS (May 8, 1829). [Law of Congreso general promulgated by Lorenzo de Zavala and approved by President Vicente Guerrero, ordering the government to liquidate the amount due for the paper money of Texas, commencing]: Proceda el gobierno á verificar y liquidar la cantidad que se deba en razón del papel moneda de Tejas... Mexico, May 8, 1829. 1 pp., folio, with printed heading Secretaría de Hacienda....Very fine, signed by Zavala with his rubric. Preserved in a brown cloth slipcase with chemise.

First printing. Streeter 747 (the only other copy located is at Yale); The Only Located Copies of 140 Texas Pamphlets and Broadsides 56. This broadside relates to the problems of the Banco Nacional de Texas, the first bank chartered in Texas (1822). Because no money was available to pay the Mexican troops stationed in Texas, Governor Trespalacios founded the bank in order to issue paper currency backed by specie due from the central government in Mexico City. When Iturbide came to power in 1823, he demanded that his national currency should supplant the Texas currency. Protesting citizens in Texas demanded that their paper money be redeemed with specie (as originally promised), not with someone else’s paper money. Finally, in 1829, the Mexican congress passed the present law, ordering that the Texas notes be redeemed with coin. See Carlos E. Castañeda's "The First Chartered Bank West of the Mississippi: Banco Nacional de Texas," in the Bulletin of the Business Historical Society (XXV:4, Dec. 1951), New Handbook I:362, and Streeter 704. The law was promulgated by and bears the rubric of Lorenzo de Zavala (1788-1836), who signed both the Mexican and Texan declarations of independence and served as the first vice-president of the Republic of Texas. New Handbook VI, pp. 1,147-48.
($450-850) $920.00


188. ZIRCKEL, Otto. Tagebuch geschrieben während der noredamerikanisch-mexikanischen Campagne in den Jahren 1847 und 1848, auf beiden Operationslinien.... Halle: H. W. Schmidt, 1849. [4] 179 [1, ad] pp. 8vo, contemporary tan calf over marbled boards, spine gilt. Small, neat European red ink armorial stamp on title. Pristine. Very scarce.

First edition. Garrett & Goodwin, Mexican-American War, p. 164. Haferkorn, p. 33. Howes Z17: “Services, as Captain of Ohio Volunteers, by a former Prussian officer.” Palau 380487. Tutorow 3623: “A journal that records operations on both sides of the Mexican War.” A relatively unbiased view of the Mexican War; the author served as Captain of the Fourth Infantry Regiment of Ohio.
($700-1,000) $862.50

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