Elias Wightman to Unknown, 12-31-1836


Summary: Deposition concerning Austin's landholdings


I Elias R Wightman on my oath say and declare that I became acquainted with Stephen F Austin and James B Austin in 1825 and that in 1826 I entered into a contract with Stephen F Austin to give him one fourth of the matagorda Town League N° 11 for and in consideration of the like quantity of lands, else where

That in 1827 I obtained title to said league N° 11. When I requested to know what lands the sd Austin would point out that we might lift our bonds, and take title when he offered a fourth of the Crownover League N° 6 west of Rio Colorado, for which he executed to me his bond for title, and I made title to James B. Austin to one fourth of said L. N° 11. and so it remained till 1830 (as I think) when in compliance with said bond and other considerations, he agreed to give me one fourth of the James Jones tract number not recollected which he considered worth double the Crownover quarter, (as he said to me in a letter still in my possession) in all this James B Austin was unknown in the stipulations and agreements or in the consideration of the fourth of N° 11. L. other then receiving the title that I recollect, and when in 1827 I think we the proprietors met to form regulations for the advancement of the projected Town of Matagorda, out of compliment to James B Austin invited him to attend, He did so and was one of the four signers of the first Constitution for the regulation and transactions of the said Town, which Constitution is still in my possession with the signature of H. H. League Owner of one fourth James B. Austin owner of one fourth Duke and Selkirk, by T. M. Duke owners of one fourth and E R Wightman owner of one fourth, which was the principal act of ownership he ever exercised over it I wrote to him, at Brazoria or Velasco once, in 30—or 31 I think on the subject of offering a portion of it at sale in N. Orleans which he answered and much approved but refered me however to Col Austin S. F. for his opinion as he said his Brother's approval would be necessary, as he knew more about those things or something to that amount (which letter I still have among my papers) Col Austin discouraged for this time the project of the sale of Town property saying it was too soon to push Matagorda He was doing more for Matagorda than all we could do by premature sale He was settling the country up the Colorado with Kentucs and Tennesseans who would, go down and make a frolic throwing the raft out etc. and I went home and waited for the Kentuc frolic All other matters before and after the demise of J. B. Austin Col S. F. Austin had the whole control of the 4th of Matagorda, and when the present Constitution was formed he acted as the representative of J B. Austin at the same time avering that He was the true and real owner which in due time he would show, and made such declaration a matter of record in the Alcaldes office in the Town of San filipe de Austin, since which time and before I have many letters in which he exercised ownership over it and finally at New Orleans in 1835—he did the same when I saw him in Dec of same year, and was recognized by the board of proprietors, Yet nominally as the representative of his Brother James B. Austin Through my agency which was constituted at the framing of the Instrument called the Constitution of the Board of proprietors, and never revoked while he lived

As to the question of the lands deeded to James B Austin I cannot say on what tenure he so secured them only from common report But I know that titles were made to him of which he knew nothing untill explained to him as was the case of the Matagorda fourth interest