James Gaines to Stephen F. Austin, 11-10-1824

Summary: Complex barter. Gaines' claims for land as a member of the Gutierrez expedition. Complaints made against Austin by his colonists.

Sabine Novr. 10th 1824

Col Stephen F Austin

Dr Sir Since I give you an account of the Case of Roberson Hall and Col Coles I am Told you and the Political Chief had de- cided I Could not hold land At the Brassos, this I cant say gives me much uneasiness, Although I have at all times contemplated on Being a Citizen of the Brazos as such I have never strained on a man who owed me when Starting to that place not Recollecting agreeable to the Indian Rule It might ultimately be the Cause of Depriving me of Citizenship, as that might stimulate villians who owed me to Circulate falsehood, by which If Possible Deprive me from being Entitled to Justice

I am also informed Holloway has sworn before Col Coles that he was present when Roberson and myself setled, and that Roberson Settled Halls account also, when It is well known by Hall that a Great part of His account Originated after Roberson and my self Setled, True it is Roberson proposed in the presence of Holloway to let me have a first Rate young American horse in Liew of the mule he owed me on Condition I would let him have a Spanish horse to Take him to the Brazos, by which he stated I must throw in Halls account which was then small I answered him to Bring the horse and If I Liked him I would do so, But when he Brought the horse he Came in Company with Mr. John Jones the horse had been snake bit and was very Poor, I then Positively Refused to give any thing but the Spanish horse and his account which was $56 which I Considered that much Lost this was in the presence of John Jones and several others Mr. Jones also helpd- him Take away the Powder and Lead and heard him Boast all the way to the Ayish Bayou that I had Credited him when on Starting away with $14-25, the said Mr. John Jones is at his Brother Henry Jones's on the Brazos

As I cant have Lands on the Brazos the $108-25c which I hold your Receipt for If you Can Settle with Wm Prater on his Land I should be glad

and the horse Col Coles Sold of mine, and Alsberry's note of $20 If you can Settle with Holland the Amt of three heiffers with Calf which I owe him for a horse I should also be very glad, they were to be Delivered here, but he has not calld. for them and are worth here at this time $10. Each Holland Holds Col Coles Receipt, for Parkers note for a mule and an account of $12-50 and Alsberry's note of $20 for Collection which If you settle with him in the way of his Land for the heiffers Take up the Receipt

I shall Compleat the Road Between now and Christmas from here to the Alabama Indians and Establish Boats on the Nachez and Angelline which Runs a Southwest Direction from this place supposing It to bear a good Course for St. Philip De Austin, which will shorten the Road upwards of one hundred miles to that place when I Compleat that I shall Start to Saltillo in march to se If my wifes being Entitled to Lands here will Deprive me of holding Lands Elsewhere when I hold three Grants bearing Date in 1813, to be -Laid at that time on any unappropriated Lands in Texas and spent at that Time one years service and $1500 in Silver on the Independence of the Mexican Nation, and I am firm in the Belief that when Old Traitors and Tories is Turnd out of Office Justice will be Done to that Expedition; this I look for on the Establishment of the State Government, when Rough places will be made Smooth and Crooked places made straight and the naked Truth in all Cases, Come to Light

Judge Murry Bullard and All the Enlightened part of Don Bernardos Army are ingaged In persuing Documents to be Laid before the Government in next Spring and from what they have already Recd from Mexico they [are] Confident of Success It apears the Mexican Government has acknowledged that Espedition and the Debts thereof, by which the Province of Texeas Stands Pledged, for 466 Square Leagues of Land of first Choice Besides to Secure the paymt of the Expences of the Expedition which was very great

I Expect you Dont Beleive in this Business But Rely on It Business will Take, a Great Change in the Course of next Year, when Likely the first will be Last and the Last first, the Great Small and the Small Great Such is the nature of things in the Establishment of new Governments, and such it apears will have to be the Case before Justice Can be Done in Texes

Although you have more Education than myself yet you must acknowledge I am older than you as such may I venter to give you a peace of advice, that is, to wind up your Colony Business as soon as you can, you certainly Can by this Time form an Opinion of a Majority of your people now and well know by what Tye you Govern them, whenever that Tye is Removed by accident or otherwise what Treatment do you suppose you will Receive from them, me at this distance Can Tell better than you It will be Curses and Abuse, this you may Rely on, as they accuse you of Every thing bad and threaten Continually Revenge they say they bore the heat and Burthen of the Day, and you Slight them By Reserving to yourself all the good Land they say you are never governd. Two days by the same Rule nor Law you give some young men 1/4 League of Land and others one and more Leagues Some men of wealth and Respectability you wont give but one League Others of Less wealth get Two three or four Leagues, now when they have obtained their Titles, and the Teror of being Drove out of the Country is Removed and they have whisky (?) plenty then Look for the Revenge so Long threatened

For these Reasons I advise you to Close your Business of the Colony you may accuse me, of Design in this as you have been Taught, to believe me your Enemy, so far I can say I have never failed to do Everything in my Power for your good and that of the Coliny all intirely from pure motives My advise is also from pure motives one favor I ask is Lay it up and se If my Predictions Dont Come to pass, I may be Mistaken but such is my Belief.

I Dont give this as Ever Expecting to se you again and I am sure it is not given to Insult nor injure your feelings, I always had Contemplated on setling at the Brazos until I heard very Lately by McNeel I Could not, I beg the favor that you will write me an Answer and

Remain Respectfully Yours

Jas Gaines [Rubric]