Moses Austin to Governor Martinez, 01-26-1821

Summary: Disclaims any connection with his companion Kirkham and five Spaniards engaged in illegal horse and mule trading.

His Excellency

The Governor of the Province of Texas

May it please your Excellency Since leaving your City some circumstances of a very unpleasant nature have come to my knowledge which I consider it, my duty to communicate to your Excellency in Exoneration of any blame or suspicion of blame that might be attached to me in consequence of my being in company With a man that may have conducted unwisely and thereby drawn disgrace on himself and endangerd my reputation

The day before I left St Antonio for the United States, Kirkham the man in whose company, I visited your Capital mentioned to me that five Spaniards would leave your city with us for Nachitoches, but did not say that they had any intention to leave the City in a Clandestin manner or to committ any act in violation of your orders or that of Society. Nor was there intentions made known to me untill after I had arrived at the River St Marks, when I learned from Kirkham that the Spaniards would come up with us at the River Colorado at which place he Kirkham had agreed to delay for them and that they was to bring with them a Number of Mules which he Kirkham had told them he would purchase and give them a safe conduct to the United States. I objected to have anything to do with them or detain for them unless they brought with them a pasport, and expostulated with him for having given them any encouragement to bring out mules in as much as it Was expressly against Orders of the Governor he then said that he had not given them any other encouragement or words that would induce them to bring out Mules except that If they should do so, he should purchase them, he then said that the Spaniards had made a brake on the Kings Yard of Mules and Horses and taken ten or twelve and Escaped, that before they left St Antonio they had stated to some of there friends, that he Kirkham was to detain at the River Colorado with the Other American and Conduct them with in, the United States, it was with real regret that I Found myself implicated in this transaction and placed in a situation to create doubts—as to my true intentions in visiting your City, the object of this letter is therefore to remove from the mind of your Excellency—any Suspicion if any exists or may have been created, from the conduct either of Kirkham or the Spaniards, that Stole the Mules and also to request them to be examined as to the fact, whether I had an interview with either of them or Whether they communicated to me there—intentions.—I do not pretend to say that Kirkham made any agreement with them touching the theft, of the Mules— if he did it is unknown to me he most positively denies any communication with them except what I have before stated, that he would purchase the Mules. It is therefore to be clearly understood, that I do not accuse Kirkham of any, Crime but it is that I write this letter in consequence of being told that my Name had been called in question and touching the theft of some mules and which might lessen the confidence of your Excellency in the Declarations, I made when at your City of my real intention and motive in Visiting the Capital and to assure your Excellency by our most Holy Religion that, I had nothing to do with or any knowledge of—the intentions of the Spaniards who Kirkham told me was to make a Journey to Nachitoches in our Company, it is to do myself Justice that I make this communication to you at this time, and for no other object. I again Repeat to your Excellency that If I am admitted to reside With in the province of Texas it will be my Study to regulate my conduct in such a manner as will strengthen the Confidence of Your Excellency in my good intentions, and Respectfull attachment to the Government under which I live

praying your Excellency to accept of my profound Respect,

M Austin

Nachitoches Jany 26 1821

To His Excellency A Mons Martines Governor Civil and Military over the Province of Texas