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Description

The Streeter Copy - The Only Known Copy - Signed by Filisola

The Death Penalty for Trading with the Texans

Printed at Matamoros Soon After Texas Independence

A remarkable Texas-related broadside, printed in Matamoros, at the office of the Mercurio de Matamoros, about a year after Texas independence was achieved. Copies of this broadside were intended to be posted at points along the frontier between the recently-independent Republic of Texas and Mexico. General Filisola was trying to crack down on illicit trade across the border between Texas and Mexico. The introductory paragraph, which persists in referring to Texas as the "Departamento de Tejas", despite its independent status, specifically mentions a raging contraband trade in tobacco, horses, mules, and supplies with the "usurpers of national territory."

Translation of opening paragraph:

A scandalous trade on this border of the Rio Grande with the inhabitants of the Department of Texas, who have rebelled against the Republic, has come to my attention. Considering the serious harm that results to the national cause from communication with its enemies, no less than to the Public Treasury due to the great smuggling that is introduced, of both tobacco and other merchandise and groceries, thus abetting, with the transportation of horses, mules, and provisions, the usurpers of the nation's territory and foreign traders dealing with them, criminally and traitorously transgressing the laws of the land...

Original Spanish:

Habiendo llegado á mi notícia el escandaloso tráfico que se hace por esta frontera del Rio Bravo con los habitantes del Departamento de Tejas, sublevado contra la República, considerando los graves daños que resultan á la causa nacional de la comunicacion con sus enemigos, no menos que al Erario Público por el gran contrabando que se introduce así de tabacos como de otros efectos de mercancia y abarrotes, fomentándose con esto y con llevar caballos, mulas y víveres, á los usurpadores del territorio de la Nacion y á cuantos estangeros comercian con ellos, trangrediendo criminal y traidoramente las leyes y disposiciones supremas.

The text is boldly printed and consists of seven numbered provisions:

  1. All inhabitants and travelers, regardless of origin, are prohibited from crossing to the other side of the Rio Grande, regardless of the reason.
  2. Exceptions to this rule will be residents of ranchos with workers along the north side of the river, who will be allowed to journey up to ten leagues from the river.
  3. The local authorities will extend to ranch owners on the north side of the river an appropriate document that indicates their business or occupation.
  4. Those who infringe on the first two articles will be punished according to Article No. 45 of the Army, i.e. the death penalty, with the method of execution "corresponding to the character and nature of the delinquent."
  5. Soldiers who are found one league distant from military posts along the river will be regarded as deserters, and will be punished as such, unless they carry the proper permit.
  6. The military commanders in the frontier area along the Rio Grande will designate places where the permitted crossings may occur. And where there are fords, it will be their responsibility to observe and pursue the transgressors.
  7. The military commanders of the frontier presidios, while in the field, will ensure the exact observance of the above provisions under the penalties established in the general ordinance.

Signed by Vicente Filisola in type and in manuscript, with his rubric, dated at the Cuartel General of Matamoros, 10 August 1837. With additional manuscript note below Filisola's rubic: "Por mandado de su Exa. Anto. Cosio / Srio."

Imprint beneath a printed line at bottom of sheet: Imprenta del Mercurio de Matamoros.

The Streeter Copy: the Only Recorded Example

Printed in Matamoros, a town located in Mexico's far northern frontier, on the border with the Texas Republic, this broadside is indeed a Rara Avis of the first order. The present example comes from the collection of the great Americana collector and bibliographer of early Texas material, Thomas W. Streeter:

Filisola denounces what he calls "el escandaloso tráfico" along the Rio Grande frontier with the Texans and forbids all journeyings on the north side, except up to ten leagues from the river for those with ranches along its north side. The death penalty is proclaimed for violations. Soldiers found a league distant from military posts along the river will be regarded as deserters unless they hold a written permit - Streeter.

Rarity

Extremely rare in the market and in institutional holdings. The present copy is the only example we can trace. No examples on RBH or OCLC. A later issue of the broadside, issued at Monterey, is noted in OCLC in a single example.

Provenance

Edward Eberstadt, November 1940;
Thomas W. Streeter;
Streeter Sale, Lot 361;
Hubert Hudson, former Texas Senator, 1957-1963.

Condition Description
Broadside. Some soiling. Old fold marks. Tear along center horizontal fold, with loss to paper and a few words (approximately 3 x 1/2 inch loss). Otherwise quite clean and nearly very good. Thomas Streeter's copy, with his oval "TWS" book label (detached, but with corresponding oval dampstain), and with Streeter's distinctive pencil notations in upper left corner, citing provenance from Edward Eberstadt: "EE Nov. 1940."
Reference
Streeter Texas 926. Streeter Sale 361 (this copy).