The Empresario Stephen F Austin respectfully solicits in behalf
of the Colonists settled by him in this Province that the
Government will be pleased to forward Copies of the Laws and particularly
relative to the following points.
first—The Law relative to the settlement of the estates of
deceased persons and the mode of settling Where the Heirs or a part
of them live out of this Nation—
second—The Law relative to the Collection of debts Contracted
by the Colonists out of this Nation previous to their removal here—
This is very important for if the Settlers can be sued and their
property taken here for debts due in the U. States of North America
before they have time to establish themselves and make any thing
they will be totally ruined. They have some of them spent all they
had to move and settle themselves in this uninhabited Country, they
will however be able by Cultivating Cotton to pay all their Debts
if time is given them, but if their Land and property can be taken
for those debts it will ruin them and be of more injury to the
improvement of this Country than any thing that Could happen—I
therefore take the Liberty of respectfully suggesting whether the
interest of the Govt would not be greatly promoted by protecting
the new Emigrants from all old foreign debts for at least Twelve
Years—Many very good Men are unfortunate in business and
become involved in Debt by misfortune, some such have removed here
and endured all the fatigues, and dangers and losses of settling a
wilderness with the hope of bettering their situation and being
able in time to pay off all their Debts, and they are now looking to
the Government of the State as to a father who will interpose its
parental Authority to save them and their wives and Children from
the Cruel and merciless persecution of unfeeling Creditors who may
follow them from the U. States.—I am not in favor of extending too
much protection to any who have defrauded their Creditors but it
appears to me that sound policy and the dictates of Justice and
Humanity certainly would justify affording the most ample
protection to every honest but unfortunate debtor whose hard fate
elsewhere has driven him to seek an asylum in the Mexican Republic.
Therefore if the Laws do not already afford sufficient protection, I
think the Legislature would promote the prosperity of the Country
and do an act of humanity and justice by giving at least Twelve
years for all who remove and settle in this State to pay their old
debts Contracted before they removed here.
Third—The Law relative to the Sale and Deeding or Conveying
of Lands between the Settlers—This is also of much importance,
most of the Colonists have relations and friends in the United States
who they Wish to remove here and settle along side of them on their
Lands, and to do this they wish to divide the Lands granted to them
by the Govt into several parts in order to establish their Relations
and friends near them, and as it is a matter of great importance that
there should be no irregularity or illegality in the mode of Making
their sales and Deeds I wish to know the Law on the subject and to
have the form of makeing Deeds and acknowledging them, this is
very important to the prosperity of the Country for by each Colonist
dividing his Land amongst his relations and friends the Land will
be much Better Cultivated and more produce made than if it was held
by the Individual to whom it was originally granted—Many such
sales have already been made and I have caused those who gave the
Deed to come before me as the Judge of the Colony and acknowledge
or Execute the Deed in my presence with witnesses and have made a
Record of the Act of Sale in a Record Book kept for that object and
delivered the original to the owner—This is the mode used in the
United States and is most satisfactory to the Colonists as they are
all accustomed to it, and this mode has been approved of by the most
Excellent Deputation of this Province who also directed that a Sec-
retary should be appointed for the Colony who should Register all
such Deeds and Mortgages between the Colonists under my
inspection and responsability and who should be paid by the interested
party Agreeably to the old Spanish Arancel on the subject—
accordingly I have appointed Mr Samuel M Williams the Secretary and
have proceeded to execute and Record all sales of Lands by the
Colonists in the manner above stated, and Should it meet the
Aprobation of the Government of the State I think that this mode will be
more satisfactory to the Colonists than any other that could be
adopted for by this means a Complete record is kept in the Archives
of the Colony of every sale and transfer of Land, which can always
be refered to in case the original Deed is lost, and also it will prevent
fraud because a reference to the Records will always shew whether
the Land had been sold or mortgaged before and the Complete state
of the Title in every respect will appear at all times on record.
fourth—Whether Deeds of Sale must all be made and
acknowledged and Recorded in Spanish or whether they Can be legally
executed and Recorded in the English or French Languages—I
have in all cases directed all the Colonists to make their Deeds of
Conveyance in Spanish as the only legal language, but as not one
in a hundred of them understand that language it would afford them
a great accomadation if the Law would permit them to Deed Lands
and make all their Written Contracts in the English or French and
permit them to be recorded in those Languages.
fifth—The Political Chief of this Province ordered me to seal
or habilitate all the Sealed paper which the Colonists might need
in the Transactions of their business and I have done so and the
Alcalde of the District of St Felipe de Austin was appointed to
Collect it—but as that order only authorised me to seal the paper
for the Year 1824 I wish to know how we are to procure sealed
paper for the Year 1825 and Whether I am authorised to Continue
as I have done to seal it.
Sixth—I wish for particular instructions relative to the
apprehending prosecuting and punishing of Criminals such as Theives,
Robbers, Murderers, Disturbers of the peace etc, etc,—-Our Situation
so near the frontiers of two Nations and remote from the seat of
Government of the State renders us liable to great hazard from
the depredations of Rogues from both Nations in their transit from
the Territory of one to the other. I have so far taken prompt
measures to order out of the Colony all Men of Notoriously bad and
infamous Character who Come into it and by this method have
succeeded in protecting the Colony from them, and since my
return from Mexico there has been not one instance of Murder and
only one of stealing which latter was punished by sending the Man
with his family and all Concerned in the transaction back over the
Sabine River.
seventh—A Number of Gentlemen of high respectability living at
Nachitoches, Rapide, and other parts of Louisiana have written to
me requesting any information in my power to give whether the
Mexican Government would probably establish a mail as far as the
River Sabine—They inform me that if such a thing was done there
was no doubt the [Govt.] of the United States of North America
would order the Mail on that side to meet the one from this at the
Sabine—I beg leave most respectfully to suggest to the Govt. that
many benefits might probably arise to the whole Mexican Nation
as well as to this State if an arrangement of this kind Could be
effected once a Month or even once in two Months.
1st. It would afford the means of Conveying the Correspondence
between the Mexican Government to their Minister at Washington
the whole distance by Land without the hazard of delay or
miscarriage incident to the transportation of documents by sea.
2d. It would open a Certain, regular and direct Channel for the
Conveyance of letters and Newspapers from every part of either
Nation to every part of the other, thereby affording great facilities
to Merchants on either side in their Commercial Communications,
and presenting an opportunity for the mutual exchange of
Newspapers and the dissemination of foreign intelligence recd at the ports
of the United States of the North through the United States of
Mexico in the event of any interruption by Beligerants of the
Communication by sea with our ports: and perhaps it might in some degree
tend to draw Closer the bands of fraternity and Confidence which
every Philanthropist must desire to see cemented and perpetuated
between the two great Republics of North America, by affording
to the Citizens of each the opportunity of a frequent and Mutual
interchange of sentiments as well by private letters as through the
medium of public Journals
Eighth—I have received a number of Letters from respectable and
wealthy people from the States of Louisiana and Mississippi asking
for information whether they would be allowed to remove and settle
in this Province and to bring such property as they needed for their
own use particularly their Slaves—I answered them that I could not
inform them on the subject but would represent to the Government
and accordingly sent on a petition some time since praying for
authority to settle Three hundred families more on the Trinity
River and round the Bay of Galveston—I respectfully request
information relative to my petitions that I may inform those
applicants what they have to expect—their reason for wishing to move
here is the unhealthiness of that Country and the inundations of the
Mississippi they are all men of honor industry and property and
Would greatly promote the prosperity of this Country
Ninth—As we are near the frontiers of Louisiana some Negro
Slaves of that state may run away from their owners and Come to
this Colony—What am I authorised to do in such a Case? If the
runaway remains here, he is a nuisance to the Country—if his owner
claims him and he is not given up it will destroy all harmony
between the Citizens of that State and this—Also if a free man steals a
Negro from that State and brings him here how is the Crime to be
punished? This is certainly a very high Crime and I think that
Justice requires it should be punished to the utmost extent—and that
those who bring stolen Negroes into this State ought to be chastised
by Whipping heavy fine and imprisonment to hard Labour but I
submit the subject to the Consideration of the Government and
solicit their instructions.
Tenth—Our Proximity to Louisiana also makes the Bank paper
of that state Current to a small extent here and we may therefore
be greatly imposed on by Counterfeiters how am I authorized to
punish a Man Who brings a quantity of Counterfeit Bank paper into
the Country to defraud the innocent Inhabitants who are not a judge
of such money-
I have made provisional regulations relative to some of these
subjects which have as yet fully protected us—but it would be more
proper and satisfactory to receive the orders of [that] Government—
Also I respectfully wish to know whether I am authorised to make
any more temporary or provisional municipal regulations for the
preservation of good order and good government in the Colony in
Cases where We have not received the Laws and are unable to
procure them with translations—
Villa de San Felipe Austin 22 de Deciembre de 1824
Estevan F. Austin [Rubric]
[Part of another draft of this document, in Austin's hand, is
endorsed by him:] Copies of representation sent to the Baron de
Bastrop deputy in the Legislature of this State, to be translated and
presented to the Governor of the State of Quahuila and Texas.
[In this partial draft, which perhaps represents the first stage of
the memorial, Austin wrote, and then deleted, two additional
paragraphs :]
7—In as much as I have so many other occupations to attend to in
keeping good order—watching and pursuing hostile Indians—and
finally arranging all the business of the Colony, and also being
uninformed as to the laws of the nation and the state I wish if possible
that a Juez de letras might be appointed to decide appeals etc from
the Alcaldes—one Juez de letras could do for the whole Province,
I am ready and willing to act in any capacity in which the Govt may
deem me useful in this Colony and that without any pay or salary
whatever as I have heretofore done and am willing to continue
as I have done to manage the civil and militia affairs of the Colony
and the keeping of records etc., but if it can be otherwise arranged
I do not wish to have anything to do with Judicial proceedings
for I think that a man learned in the Mexican laws ought to be
appointed for that purpose, though if this colony was divided into
as many partidos as are necessary and one Alcalde elected by the
people for each partido from whose decission there should be an
appeal to the juez de letras of the Province I think it would very
much tend to promote good order, and it certainly would be in the
highest degree satisfactory and gratifying to me as I should then
be releived from the most responsible and disagreeable part of my
duties—[In margin:] Not sent.
8—A number of preachers of the Christian Religion in the
English language have applied to me for liberty to preach and
establish their mode of worship in this Colony, I have informed them,
in conformity with the 4 article of the acta Constitution and in
complyance with the verbal instructions of the Political chief of
the Province that it was contrary to law and if they come here to
preach publically they would be liable to be punished If the
Constitution and laws of the nation or those of the state could permit
any relaxation on this point it would greatly promote the
prosperity of this part of the country and as I conceive could not do
any injury as the object of those preachers who wish to come in is
solely to promote good morals without wishing to attempt making
converts from the Catholic Religion—Any indulgence that could be
extended to these settlers on this subject will be most thankfully
reced and gratefully remembered, as they are now totally destitute
of any spiritual aid whatever and must so continue for a long time
as they are all unacquainted with the Spanish language, and
cannot therefore receive that instruction from the cura who we have
been expecting which a subject of such great importance requires—
I therefore submit the subject for the consideration of the Honorable
State Legislature in the full hope that, that honorable and
enlightened Body will be pleased to extend to these inhabitants all the
indulgence relative to public worship and preaching in the English
language, which they may deem consistent with the laws or with
the general interests of the nation. And under the full belief, that
the permiting a few enlightened well educated Judicious and
reasonable preachers of the Gospel of the christian religion in the Eng-
lish language would be attended with the most happy results to the
settlers individually and would greatly promote the Genl, prosperity
good order morality and improvement of this part of the State-
in margin of this section:] deemed a dangerous subject to touch
and therefore not sent.