To the Illustrious Ayuntamiento of the Municipality of Austin,
I have the honor to acknowledge the receipt of the official
communication, made to me by that corporation, dated yesterday, and
a copy of the resolutions, adopted on the 2nd inst. relative to the
removal from this colony of certain persons therein named, of
notorious-infamous character; and recommending a rigid scrutiny as
to the conduct of certain others, before they are received as settlers.
The 5th article of my contract with the government for the
settlement of this colony, is in these words, "It shall be an obligation
upon him (Austin,) not to admit criminals, vagabonds, or men of
bad character, and he shall cause all those of this description who
are found within his limits to leave it, and should it be necessary, he
shall put them out by force of arms."
The 122d article of law No. 37, prescribing duties of the
Ayuntamientos, says: " They shall not permit in their jurisdictions,
vagabonds, drunkards, gamblers by profession, nor any other idle or
vicious people who have no visible means of subsistence, etc. etc."
The above mentioned 5th article of my contract has imposed a
very heavy and responsible obligation upon me, and one which
from its nature, might necessarily involve much delicacy and ought
to require great prudence in its execution. This has never been
more particularly the case, than at present, for heretofore the ex-
pulsions of bad men ordered by me, have been made, solely on my
own individual responsibility, without the powerful support of a
special recommendation to do so, from municipal representatives of
the people.
The situation of this country on the borders of a foreign nation
certainly exposes it to impositions by criminal fugitives and
vagabonds, who are nuisances in all countries, but more especially so
in a new and thinly settled one like this. The first settlers who
have devoted years of hardship to bring it forward, justly deserve
and have a right to expect protection from such nuisances. The
Government has offered the most liberal inducements to honest
emigrants, but nothing to fugitives or, vagabonds, and it expects
and commands that no such shall be admitted. It is therefore due
to the people who are permanently settled—to the law—and to
the government, that the 5th article of my contract, and the 122nd
article of law No. 37 which I have quoted, should be rigidly
executed; always, however keeping in view what is due to justice and
to humanity.
The measures which I have heretofore deemed it my duty to
adopt on this subject, have been promptly executed by the militia
officers charged therewith, and they have been sustained by public
opinion, which in this colony has always been on the side of good
order, and opposed to the admission of bad men. But
notwithstanding this, it is with great satisfaction, that I find the
Ayuntamiento co-operating by the weight of its authority and influence, in
a measure which might be construed by the designing, or the
everscrupulous, into an act of oppression, or as being too strong for
mistaken ideas of liberty. I have therefore to assure that
corporation, that the removal of Peter Whetstone, Trammel Pryor, John
or Jack House, and Brooks Williams, which is recommended by it,
shall be immediately ordered; and that the course will be adopted
which is indicated, with respect to the other individuals named in
said resolutions.
I embrace this opportunity to present to that illustrious
corporation the assurances of my consideration and respect; and of my
hearty co-operation in all measures which are calculated to promote
the public good, and to inforce the laws.
San Felipe de Austin, Nov. 5th 1830.
Stephen F. Austin,