Mexico Sept 7 1834, Prison of the Acordada.
My case has been travelling about from one tribunal to another
up to the present time at first a military tribunal, then a juez de
letras, then to a district judge—thence to the Supreme Court. All
the inferior courts decided that they had no jurisdiction over it,
and it was sent to the Supreme Court for the purpose of ascertaining
what tribunal ought to try it. I have [now] been informed that
the Supreme Court has decided that it must be tryed by the district
judge of the Federal district, so that I presume I shall now get on a
little faster. I have in eight months ascertained what court is to
try the matter.
I am of the opinion that my affairs will terminate favourably, and
without much more delay. I think I shall be able to get my liberty
by giving bail or [security] not to leave this city.
I wrote to my brother in law James F. Perry [on the] 25 of last
month. I refer you and my friends to that letter. I have nothing
more to add to it, except to repeat the opinion that Texas ought to
keep out [of] all kind of political excitements, and act in strict
conformity with the motto—
Fidelity to Mexico and opposition to
violent men or measures. Also all kind of personalities, ought to be
forgotten and buried. I have been more [injured] by them, than
any other, and I will be the first to forget them and meet my
enemies in harmony on the basis of the motto above stated.
Yesterday I recd your letter dated New Orleans 31 July. I
expect I shall have to draw on Beers St John and Co for another
thousand dollars, to pay lawyers fees etc, you write me in the above
letter that I can draw on them. I sent Perry a power of attorney
to sell any of my property he thought proper, and I rely on you
and him to save my property from the wreck that seems to have
been intended by some persons, for me.
I approve of your determination to devote yourself to commerce.
Your family and friends in the United States are well known and
have a standing in the com[mercial] world, that enables them to
afford you great facilities and advantages as a merchant, and besides
this, in that business you can reasonably expect some tranquility
and happi[ness] which you, nor no other man, need ever look for
in public affairs [or] politics. Let them alone for the rest of your
life if you wish for peace and [pros]perity.
Send this to Mr Perry. I am in tolerable health, but have
suffered a good deal from rheumatism. The State Govt, have
[been] imposed upon and deceived. My friends in Texas might
undeceive them if they were disposed to do so. But "out of
sight out of mind " perhaps applies to me. I know not whether
I have friends there out of my own family. It is reported in
this city that I have none and as a proof of it, it is said that a
newspaper is bountifully supported in the colony by the great mass of Ihe
people for the express purpose of abusing me. This I do not
believe nor half of the reports about the efforts of individuals to
calumniate and ruin me. I cannot, as yet, have so bad an opinion
of human nature. I care nothing about the upper colony except
to show that all my conduct in regard to it has been correct, as
it has been. I certainly do rely upon my friends in the colony
to make some efforts to place the truth of all these matters before
the Govt. They ought to remember that I am in a distant prison
unable, [by my] situation, to repel calumny, or defend [my] self—
and that I am in this prison for having performed what I believed
was my duty to my constituents; as a public agent. It ought to be
remembered that the duties of constituents, towards their public
agents, is not less sacred and [man]datory, than that of the agent
to his constituents.
I think you ought to go to Menclova, [and] lay a statement of
facts before the state [govern]ment
[Re]member me to Sarah, to Mr Scotts[fam]ily , and to all my
old companions and friends—
S. F. Austin [Rubric]
[A letter dated] Brazoria May 4 was published in the New Orleans
Bulletin which has in[jured me]. I prefer that my name should
be [kept] out of the news papers. All is perfectly quiet in this
quarter and I believe all over the nation. The elections are going
on in harmony every where.
S. F. Austin
I send this by Mr Comber, a respectable young gentleman of some
capital, who thinks of settling somewhere in that country, I
recommend him to all my friends
S. F. A.