Prison of the Acordada City of Mexico 25 Aug. 1834
To James F Perry
Dr Brother, I write you more for the purpose of informing you
that I am still in the land of the living, than to communicate any
thing agreeable as to my situation.
I presume you are already informed that I arrived in this city on
the 13 Feb. last, and was shut up in one of the dungeons of the
inquisition where I remained three months in close confinement,
incomunicado, that is locked up day and night with very little light
except candles and not allowed to speak or communicate with any
one, not to have books, pen, ink, or paper—The President Genl.
Santana put me in communication soon after he resumed the Govt,
in May—The treatment I recd from the vice President Gomez Farias
was in the highest degree rigid and marked through out by strong
personal feeling which I attribute in part to the result of an
interview I had with him the first of October, in which he was highly
offended at me because I stated that the affairs of Texas required
the prompt attention of Government for the people there had taken
the position, that if the evils which threatened that country with
ruin were not remedied by the Govt the people of Texas would
remedy them of themselves without waiting any longer, on the
ground that self preservation rendered such a step necessary and
would justify it. The vice president construed this into a threat,
and a personal insult, and we both parted in anger, and in very-
great irritation—I wrote the letter of 2d October to the Ayuntamto—
became cool again—persevered in getting the remidies—reconciled
the vice president and parted with him on the 10th December in
harmony and with the best of feelings and the most sincere respect.
The Ayuntamto of Bexar changed the face of things and revived
the passion of the vice president by sending my unfortunate letter
of 2d October.
Individuals who were unfriendly to me because I opposed a
territory for Texas, and others who were unfriendly to all foreigners,
improved this opportunity to inflame the minds of the vice president
and his ministers against me, so that on my return to Mexico as a
prisoner, he was the most violent and bitter enemy I had. I
believe him to be an honest man and a true federal democratic
republican in principle, but he believed, or was led by others to believe,
that the political situation of Mexico required something like a
Robespierre system, or reign of terror. No one was executed, but
hundreds were banished and imprisoned. Whether this system was
the result of the vice president's own inclination, or whether he was
led into it by his councellors and friends, I cannot say. Some think
it was all his own policy, and others that he was forced into it
contrary to his wish, by the power of circumstances, and by the
excitements of the day. His administration was unfortunate for the
nation, and for the federal party, for no one who has any sence of
justice, or of common humanity can approve of an illegal,
unconstitutional and arbitrary system of banishment, and imprisonment.
The religious prejudices of the people were also alarmed by the
measures of that administration to a great degree—hence the reaction
that is now operating all over the nation, and which some think will
shake the federal system, tho I am not of that opinion, for I do not
believe the President Santana has designed to change the system, or
to do anything more than to get a Congress together in Jany next,
with the character and powers of a national convention freely elected
by the people in order to reestablish or revive the Constitution, which
has been so dreadfully outraged by all parties, that none respect it.
A great personal animosity is said to exist between the President
Santana and his friends and the vice president Gomez Farias and his
friends. I believe there is no harmony between them and much
hatred.
But to return to my own affairs, which I presume are much more
interesting to you than the family political quarrels of this republic—
I remained in the inquisition untill the 15th of June, when the mili-
tary tribunal to whom my case had been referred decided that they
had no jurisdiction over it, and I was removed to this prison, and
my case was deliverd over to a civil tribunal or juez de letras in
whose hands it slept, untill the 12th of this month, when he also
decided that he had no jurisdiction over it, and it was then sent to
the federal district Judge who soon dispatched it by deciding that
he had no jurisdiction over it, as I did not reside in his district. The
matter was then sent to the Supreme Court of the United Mexican
States in order for them to decide what court or tribunal ought to
try me, and there the case rests at present. So that after eight
months, I do not know as yet what court is to investigate my case.
I have long since requested to be delivered to the authorities of the
State of Coahuila and Texas, and I presume I shall be finally sent
to the district court (federal judge) of that State, but when, is quite
uncertain for these things move very slowly.
The President Santana is friendly to Texas and to me. Of this I
have no doubt, he would have set me at liberty long since, and in
fact issued an order to that effect in June, but some statements
arrived about that time (as I am told for I have seen nothing) from
the State government of Coahuila and Texas against me, which I
understand have contributed mainly to keep me in prison so long.
It is said that the report of the State Govt, on the subject is founded
solely on statements of persons who live in Texas—who those persons
are I know not—it is said they are North Americans by birth I
have even been told, that if I am not imprisoned for life and totally
ruined in property and reputation, it will not be for the want of
exertions or industry on the part of some of my countrymen who live in
Texas. Whether all this be true or not, I do know not, I am
unwilling to believe it. I have also been told that no efforts were left
untry during the last winter and spring to prejudice the members
of the legislature and State Govt, against me at Monclova—I cannot
believe these things—I wish you to inquire of Oliver Jones —he is
an honorable man, I am confident he has had no agency in such
matters, and I shall rely fully on what he says about them.
Chambers was at Monclova—I have long since been told that he
was my enemy—he said that he was not. He has taken upon him-
self in his pamphlet of April 18333 all the credit (if there be any) of
having been the first to discover and propagate the idea in Texas of
separating from Coahuila, and the first to call public attention to
that point, and to excite public opinion in favor of that measure and
of the Convention etc. I was told that he was opposed to my
appointment, as the public agent to come to Mexico, on the same
ground taken by W. H. Wharton and others, which was that I
would not use energy enough with the Govt.-—that I would be too
passive and humble, and not display independence and firmness etc,
and also that I was opposed to a State, and would defeat it, and
would not obey the instructions, or regard the wishes of the people
as expressed by the Convention etc, etc. Now, what I cannot
understand is, that these same men, who at that time were violent political
fanatics in favor of a State, and of high handed measures with the
Govt, and who abused and opposed me, because I was too mild too
passive, too luke-warm—the same men who were the first, as they
themselves say, to create an excitement in favor of separating Texas
from Coahuila, and who in fact contributed very much to involve
me and my friends in all this difficulty, and in the labyrinth in
which I am entangled, by compelling me, as it were, to yield to
public opinion, or what I believed to be, and what I now believe
was the public opinion at that time, and which public opinion was
first excited by these same men (The fact is that the excitement in
the colony at that time in favor of the State placed me in the
alternative of yielding to them, or of opposing them by force by
means of party divisions, or of leaving the country. I was disposed
to adopt the first, or the last of these alternatives rather than the
other of organizing a party or creating party divisions in the
Colony). That these same men should now attack me, as it is said
they have done, because I faithfully, fearlessly, and firmly
represented the wishes of the Convention and of my constituents, as these
same men said those wishes were when I left there, instead of
concealing or counteracting those wishes, as these same men said I
would do—That these same men should now try to ruin me and
perpetuate my imprisonment, and should rejoice and exult at my
sufferings, is what I cannot understand, and am unwilling to believe,
for it would be the same as to believe that all their show and display
of zeal for the public good, their pretended patriotism, had in fact
no other definite object but to create confusion, out of which they
hoped to derive some benifit, or at least to involve me in difficulty or
total ruin. This I cannot believe, altho such a thing was told me—
I cannot yet believe it.
I was told before I left the colony, that no matter what I did,
or how I acted, some persons there would seek my ruin if they
could. I am unwilling to believe that such baseness exists in human
nature. That men should err in politics, become convinced of
their error, and change their opinions, is a common and natural
thing and amounts to nothing at all except a mere error in
judgment which we are all liable to, and have all committed during
our lives-—but, there is a vast difference between an honest error
in judgment or opinion, and an honest change of that opinion; and
a secret or malicious design or plot to ruin another, by weaving a
political net around him for that express purpose. Neither the
public good nor patriotism can have any influence in such a design—
none but a base and corrupt heart could, or would have any hand
in such a foul plot. I am unwilling to believe that any persons in
Texas are influenced by such low and degrading motives. However
time will show. There is an investigating and discriminating power
in the public eye, that sooner or later will penetrate the most
complicated mysteries, and arrive at the truth, and public opinion
will then award justice where it is due. To that eye, and to that
opinion, I am ready and willing to submit my actions, my reputation,
or my life. In common with my friends at San Felipe, and in other
parts of Texas who took a part in the State question, I possibly may
have committed the error, which is often committed in all countries,
of paying more attention to popular excitements, than they
deserved. Both my friends and myself were precipitated into the
measures of the Convention, by the circumstances of the times. That
measure was adopted to avoid greater evils, than those which then
afflicted the country, as well as to seek for a redress of existing
ones; but whether my friends and myself committed an error or not,
on that occasion is not now so important a question, because good,
and very great and, permanent good has resulted to Texas, and to the
Mexican nation from those measures, and from my exertions and
sufferings, and no one can say with truth that he has been injured
by us. We have persecuted no one, and used no efforts to undermine
or to distroy any one.
Neither S. F. Austin nor one of his friends have made charges
before the Government, or before the public against any one, on
account of the past transactions. Their object, and their only object,
was the public good of Texas, and of the Mexican republic, and not
the ruin of this, that or the other individual. Their object has
been accomplished. The public good has been promoted, and no
one has been injured or calumniated by them. They have not
established news papers to abuse and calumniate a companion who
acted with them in those measures, and in consequence of having
done so, is incarcerated in a distant dungeon, unable to defend
himself or to repel calumny. They have not attempted to reach the
ears of the Government by entering the back door of the
Government house, and infusing suspicion and poison into the minds of
the high authorities for the purpose of perpetuating the imprison-
ment of a fellow citizen, and of one too who has labored faithfully
and with pure intentions to benefit every body he could, who has
in fact devoted the last 13 years to the advancement of Texas and of
its inhabitants. They have not attempted to shuffle off any of the
responsibility upon the shoulders of others. Their conduct has been
open, public, frank, and candid, and marked by good faith, as the
conduct of all men is, who labor solely for the public good. They
harbour no low, vindictive and malignant feelings of envy or
revenge. If they have committed any errors, they where honest ones,
and they are free and frank to confess them, without attempting to
shake them off upon their former companions. In short, the object
of S. F. Austin and his friends was the public good of Texas, and of
Mexico. They acted in good faith in the whole matter. Their
object has been accomplished. The Government have remidied the
evils complained of in Texas, and which threatened that country with
ruin, and those who last year acted in good faith, and with pure
intentions in favor of separating from Coahuila, are now opposed
to it, because the reasons which made a seperation necessary no
longer exist, and Austin, and his friends will therefore now be the
first to oppose such a separation, or any other measures, that tend
to disturb the established and regular order of things. They will
discountenance all men, whomever they may be, who attempt to
attack the Mexican Government, or any of its authorities, by word
or deed.
S. F. Austin's motto always has been Fidelity to Mexico, opposition
to violent men or measures. That motto will continue to be the basis
of his political faith, and the rule of his actions. He also owes duties
to the citizens of his colony, and to Texas, which he has never shrunk
from executing, so far as he could. If proofs are needed to establish
this fact, let them be sought for in the last 13 years, and they will be
found. His present incarceration and persecutions are proofs. The
heaviest responsibilities, the risk of his liberty, of his all, were
presented to his view on the one hand, and his duty, or what he believed
to be his duty to Texas, on the other,—he adopted the latter and did
not hesitate to risk the former. And is he to be persecuted,
calumniated and abused for having done so, and that too by some of the
same men, who were the most active, as they have boasted, in
precipitating him into the measures which have led to his present
entanglements? At one time I am abused for being too Mexican, too
much the friend of Mexicans, too easily deceived by the Mexicans,
too confiding in them, opposed to the separation from Coahuila, and
in favor of keeping Texas forever bound to the State of Coahuila
and Texas. The people are excited against me to a fury, because I
am too Mexican. I yield to the popular opinion, am appointed to
represent that opinion, accept of the appointment in good faith; and
truly, firmly and fearlessly represent that opinion, as it was my duty
to do as an agent, and for having done so, I am calumniated and
abused by the same men who, as they say, were the first to excite that
popular opinion!! I cannot comprehend these matters.
In my letter to the Ayuntamto of Austin from Monterrey dated 17
January last, and in all my letters written since my return to this
city (I wrote you in May, and Oliver Jones and Williams in June) I
have earnestly requested of my friends not to suffer themselves to be
excited on account of my arrest and imprisonment. I have also
advised and recommended the most prompt obedience and submission
to the authorities of the State and Genl. Government, and an
expression in writing, by some public act of the gratitude of the people for
the remidies that have been applied by the State and Genl. Govts, to
the many evils that were threatening Texas with ruin. I have
advised the people of the colony to discountenance all violent or
disorderly politicians or men. and especially all political adventurers
and all political fanatics. I now repeat the same advice, and will add
to it a rule which if strictly followed will be the means of
preserving peace and harmomr in Texas, and of advancing its prosperity
rapidly. The rule is, to discountenance in the most unequivocal and
efficient manner all persons who are in the habit of speaking or
writing in violent or disrespectful terms, or in the language of contempt
or defiance of the Mexican people or authorities.
This rule is a necessary consequence of the motto before stated.
I have no doubt that motto will be adopted, and publically avowed
and sustained by all my personal friends and I hope it will also be
by all the friends of Texas, of good order, and of commonsense.
I earnestly recommend that it may be. It will become a sound
and distinguishing centre of union and operate as the magic of a
name often does, by which unity is given to a party or to a whole
community. I do not believe there is any anti-Mexican party in
Texas but if there be, the adoption by the people of the motto and
rule above stated, will soon detect and mark it, and render its
members harmless, for there is so much honesty and sound sense in
the mass of the people that a revolutionist need only be known to
be put down.
A gasconading and silly letter dated Brazoria 4 May was
published in the Bulletin newspaper of New Orleans, and republished
in the Telégrafo in this city. It has injured me very much and I
presume it was written by some enemy of mine for the express
purpose of injuring me. I disapprove of such things very much and
thank no man for putting my name into the news papers in such
equivocal terms. I am a Mexican citizen, I have never failed in my
duty as such, and I never will—
I fear the first pronouncement by the State Government made
at Monclova in June against the President Genl. Santana has had a
bad effect in Texas. It was a very precipitate and imprudent step
and has produced an answer from Saltillo quite in character, that is
a counter pronouncement I hope that the authorities of the colony
have paid no other attention to either of these two pronouncements,
or to any others, than to say officially and in the most respectful
terms, that those authorities will recognize and obey the President
of the United Mexican States Genl Antonio Lopez Santana,
imtill he is constitutionally deposed from that high station, which
he occupies by the legal vote of the nation; and that those
authorities recognize no other mode of deposing a President, except the
one prescribed in the general Constitution of the nation, which
every citizen has sworn to obey, and which those authorities will
obey rigidly etc, etc. I again and again advise Texas to keep clear
of the political family quarrels of this republic. A dead silence
is the best possible course for Texas.
The President Santana has been accused by his enemies of having
turned Congress out of doors on the 31 of May, and of having
trampled upon the national representation etc. This whole
question turns upon the construction of the 71st article of the general
constitution, which says that Congress shall close Its sessions on
the 15th day of April each year, but may extend the sessions for
3O days more, if the two houses think proper or if the president
requests it. Now, on the 15th day of April of this year the sessions
were closed as the above article prescribed, and Congress decided
that the session should be extended to 30 days more (exclusive of
feast or holy days) as said article prescribed they could do. The
said thirty days expired, and Congress attempted to continue the
sessions beyond that time. Had they any constitutional power to
do so ? If they had not, was it, or was it not the duty of the
President, under his oath of office, to prevent Congress from doing an
unconstitutional act? The whole question turns upon these
constitutional points. It will be remembered that the judicial
authority have no power to annul an unconstitutional act of Congress, and
that the president is bound by his oath of office to prevent any
unconstitutional acts from being committed by any person, or by
any authority—should it be necessary for Congress to meet after
the expiration of the 30 days the constitution Article 110 clause
17 and 116 clause 3 says they may be called in extra sessions by
the council of government, and the executive and there is no other
mode prescribed in the constitution for getting Congress together,
after the expiration of the 30 days. Men of judgment can easily
decide, I think, by examing these constitutional points whether
the President, or Congress were in error. I fear these things have
not been understood in Texas, and that the people have been excited
to take part against the President. What they ought to have done,
and ought to do in future, is to take no part at all in such matters
and to preserve a dead silence. Neither yea nor nay, pro nor con.
Stick to the Constitution and close their eyes and ears against
all kinds of Plans, and Pronunciamentos, and against all
inflamatory advice, from all quarters.
Santana is friendly to Texas and to me. My personal friends
have cause to be grateful to him. I know not how you are all
getting along in Texas. It is a long time since I have heard from there
except indirectly, or by rumors which now and then reach my prison.
I have no letters since 15 April—I recd one from you and Emily
dated in March. I do not know who are Alcaldes anywhere in
Texas—I hear that all is peace and contentment which is the only
consolation I have recd to soothe my imprisonment.
Amongst those who have befriended me in my misfortunes I hope
that my family and personal friends will never forget Don Victor
Blanco, and his brother in Law Don Ramon Musquiz of Bexar.
I sent you duplicate powers of attorney to sell any of my
property, and attend to my affairs. I rely on you and S. M. Williams to
save my property from the wreck that seems to have been intended
for me. I hope you have kept up the Chocolate bayou stock farm and
have one hundred cows there by this time at least.
Should I ever return I will make your house my home, untill I
can build a house and improve a farm. I will never again take any
part whatever in public matters of any kind. On this point my
mind is fixed.
Remember me very particularly to H. Austin, send him this letter,
also show it to J. H. Bell, to Capt. Wiley Martin, D. G. Burnett
and such other of my friends as you think proper. I wish them
to know my opinions on these matters, and I wish them and all
Texas to adopt and firmly adhere to the motto and rule I have
stated in this letter. I have been led into so much difficulty and
Texas has been so much jeopardised in its true and permanent
interests, by inflamatory men, by political fanatics, political adventurers,
would-be-great-men vain talkers, and visionary fools, that I begin
to loose confidence in all persons except those who seek their living
between the plough han[dles]. Show this letter to S. M. Williams-
it is strange, but it seems that I am blamed for all he says, or writes,
or does. He ought to have nothing more to do with politics or
public matters, but stick closely and exclusively to commerce. No
one can prosper or be happy who has any thing to do with public
affairs.
I sent you two miniatures from Monterrey by Peter and Joseph
Powel and two books and some seeds which I hope you have received
I am much pleased that you have employed Mr. Pilgrim to teach
the children. I hope you will keep him if you need funds to pay
him sell some of my land for that purpose. I hope Eliza will
continue Stephen with Pilgrim—he can board at your house and be as
well attended to, as at home. I am now in tolerable health, but have
suffered very much with rheumatism. I feel the effects of the first
years of the settlement in Texas. The damp close air of the
dungeon in the inquisition and want of exercise brought on the
rheumatism.
Remember me to all the old settlers and all others who think me
worth inquiring after.
Farewell may heaven bless and preserve you
Your Brother
S. F. Austin
Aug. 26. The above is principally the copy of a letter I wrote
you yesterday and sent by mail. This copy is rather more correct
than the other—
P. D.—-August 26—I wish you to show this letter to T. F.
McKinney and if he thinks proper, or thinks it will do any good he
can inform his friends at Nacogdoches of my opinions. The fact
is that public opinion has been disjointed and led astray in all
parts of Texas ever since January 1832. McKinney and many
others know how much wretchedness the political excitements in
Texas have cost me, and how much I dislike all inflamatory
politicians. But I could not stem the current—it would have been
worse than useless, it would have augmented the evils, to have
attempted it. But now the thing is different. The farmers of
Texas have been or ought to be, alarmed by the inflamatory events
of the last two years and I think they will now adopt the
principles of the motto I have always followed and now recommend to all
Texas—that is to the honest and sound part of the people—as for
the balance, that is, mere demagogues and political fanatics—they
will disappear, before sound public opinion as the gnatts and
mosquitoes do before the rays of a bright and unclouded sun. The
farmers need only proclaim with one unanimous voice Fidelity to
Mexico, opposition to violent men or measures, and all will be peace,
harmony and prosperity in Texas. I hope the State question is
totally dead and will so remain.
Another important matter is to bury all personal animosities and
vindictive feelings—no one has as much just cause as I have to
entertain such feelings. I am the only one who has suffered, the
only one whose total ruin has been attempted and intended—and
I will be the first to forget it all, and even embrace my personal
enemies, provided they meet me on the basis established in the above
motto. I have no object but the good of Texas, and of Mexico and
will make any sacrifice to that object.
S. F. Austin
I send this by New Orleans.