[About December 1, 1836.]

Whereas the 9th section of the Constitution of Texas prohibits the "importation or admission of Africans or negroes into this republic except from the U. S. of A." which article was published and promulgated to the world by the proclamation of David G. Burnet president ad interim of this consent of the Government. When I was at Saltillo, the seat of government of the State, I procured the sanction of the Government to said transfer, by a decree dated the 15th of October 1827, and H. H. League was made the Empresario or State Agent, he was also recognized as the agent of the Nashville Company, and subject to their instructions. Thus all doubts and embarrassments were removed, and the matter was placed on the most favorable footing for the company for they were permitted to go on with the contract with foreigners living out of the country. On that occasion I did all I could to serve the Nashville Company, and saved the contract of Leftwich from being forfeited by his transfer of it to the company.

It is a fact well known that in six years nothing was done by this company to settle the Colony, except to send an agent to explore it, and make locations for persons who were not in the country. The plan was adopted of selling land scrip in the U. S. a measure that was pernicious to the best interests of Texas.

It is a fact well known to me, and to all others who understand this subject, that the sale of Texas lands by means of scrip in the U. S. and the imprudent advertisements and publications made in that country by the agents of companies and Empresarios, caused the first great alarm in Mexico as to Texas, and produced the prohibition of emigration from the U. S, by the 11th Article of the Law of 6th of April 1830, and laid a foundation for all the restrictive measures against this country.

Some time in November 1830, only about five months before the expiration of the said Leftwich's contract, Maj. Sterling C. Robinson [Robertson] and Mr. Alexander Thompson arrived with a few families in my colony. They were involved in a difficulty on passing Nacogdoches with Col. Piedras the military commandant, in consequence of which, orders were issued by General Teran, and by the Governor of the State, to all military and civil authorities in Texas to expel them from the country by force. I received one of these orders; it was however evaded until I had time to procure a counter-order from Teran, and permission to receive them as colonists under my contracts (see copies of Piedras' and Teran's letters marked A. B.). This affair cost me more difficulty, and perplexity, than can well be conceived or explained at this time, and I risked involving myself and colony with the Government by my interference in favor of Robinson [Robertson] and his companions I, however, succeeded fairly, and such of said families or persons who came with him, at that time, and who applied for it, received a grant of land in my Colony. In this matter therefore I served Robinson [Robertson] and his companions all in my power, and at much hazard to the interests of my own Colony.

After this difficulty was all arranged and quieted I went to Saltillo to attend the Legislature of which I was a member. Immediately on my ar- rival there (about the first of January 1831) I spoke to Governor Jose M. Viesca in relation to the Nashville Colony, for an extension of time for the Company, or a new contract for Robinson [Robertson]. It is to be remembered that I was not the agent of the Company, nor of Robinson [Robertson] and that all I did for them was gratuitous on my part, and proceeded from a desire to serve them and promote the settlement of the country.

My application in favor of Robinson [Robertson] displeased Governor Viesca and the Secretary of State, Valle, very much, and produced considerable irritation against me for even having made such an application, because they said I knew that it would be an open and direct violation of the 11th Article of the national law of the 6th April 1830, to grant it, and make a Colonization Contract with citizens of the U. S. whose emigration to Texas was positively prohibited by said law, and consequently that it would involve the Governor in a responsibility to both the general and State Governments, that, in the then excited situation of political parties, must have totally ruined him. Besides which he said that I was interceding for a man who had rendered himself notorious and obnoxious to the Government by the violence and abusive course he had pursued. In this matter therefore I again endeavored to serve the Nashville Company, and Robinson [Robertson] in the most essential manner, and at the hazard of losing all the influence I still had with the State Government, an influence which was of vital import at that critical period to protect the interests of the settlers in my own Colony, and to ward off trouble from Texas in General.

A majority of the then State Legislature were of the central party and politics, and unfriendly to the progress of Texas, and especially to Americans. The fact is that by interfering in favor of Robinson [Robertson] at all, in the matter of parties and politics, I lost sight of my duty to Texas as its representative, for that duty required that I should retain as much influence with the Governor as possible and avoid creating excitements. I knew that applications had been made to the State Government for Contracts to Colonize the sections of country formerly contracted to Leftwich, whose contract would expire on the 15th of April 1831, also for the vacant land remaining in my Colony, between Ten Leagues of the coast and the San Antonio road and also for a section of country North of Nacogdoches. On enquiring, the Governor informed me that one of these applications was by Doct. Beale for an English Company, (the same that afterwards obtained Milam's colony on the West of Colorado) and the're were two applications by two frenchmen by the name of Villaveque, for French companies in Paris.

The Governor expressed a disposition to give those applications the preference, as they were made by Europeans, and consequently would not interfere with the prohibitory law of 6th April 1830

This was truly alarming and would have been pernicious to the best interests of Texas. It is well known that nothing but injury to this country has resulted from the companies who have had colonization contracts in Texas. They have uniformly made it a matter of illegal speculation by selling "Land Scrip" and deceiving the ignorant and credulous in foreign countries. The credit of Texas and all faith in any of our land titles has been destroyed in the U. S. by such proceedings, and emigration has been retarded rather than promoted by them. Besides this, it was very evident that the upper Colony, if granted to a foreign Company, would be again hung up for six years, as it had been by the Nashville Company, and thus have left the settlers in my Colonies below, exposed to the Indians; and what would have been still worse, that nothing but anarchy and perhaps civil war would have been produced within the limits of my old colonies, if a Foreign Empresario or Company were permitted to have anything to do with the distribution of the vacant land remaining there. A single remark will be sufficient to bring this matter home to the understanding and feelings of everyone who has any interest in this subject. If at this time some of our own citizens advocate the montsrous doctrine that all titles are void and the land vacant, where each and all of the conditions and minute formalities of the Colonization Laws have not been complied with by the Settler: What could have been expected from a foreign Empresario or Company whose only object would have been speculation and to have had as much land forfeited as possible?

Under these circumstances it was a solemn and paramount duty in me to keep the land business within, and adjoining my Colonies, as much under my own control as was possible. I should have failed in my obligations to the Settlers if I had not done it, and should have merited censure from them, and yet it seems that I have been, and am abused because I did do it. Another consideratoin of great importance to Texas influenced me. Governor Jose M. Viesca was, and uniformly had been friendly to Texas and to its settlement by Americans. His term of office was to expire on the first of March, and his successor Letona was known to be unfriendly to Texas and hostile to Americans. Influenced by my duty to Texas, and not by any selfish motives of personal interest, I therefore applied to Governor Viesca for a colonization contract to comprehend all the vacant lands remaining within the limits of my former Colony (except the coast) and to extend above the San Antonio road to include all that country. This application succeeded with great difficulty, and by the influence of the leading men of the Federal or liberal party then in Saltillo, for although Austin and Williams were Mexican Citizens and were not excluded by the law of the 6th April 1830, still the Governor had scruples because they were born in the U. S.

I have performed many services to the people of my Colonies and to Texas in general, and I consider that few of them was of more essential and vital importance, than this one of procuring this colonization contract, and keeping off the foreign companies.

The above is a correct statement of facts, so far as I have had anything to do in person with these transactions.

As to the acts of others performed during my absence from the country, or without my knowledge, I have nothing to do with them, and am not responsible for them.

I have been compelled to rely principally on my own recollection in making the foregoing statements many of which are only sustained by my own word. My unofficial correspondence with Genl. Teran, the Governor of the State, the Political Chief of Bexar, and others would prove the most of them, but my private papers were scattered, and many of them destroyed, during the invasion, and I have not yet collected and arranged the fragments that have been saved. These matters were however so notorious at the time they occurred that several persons were acquainted with them.

I therefore assert positively that so far from having injured or attempted to injure the Nashville Company, or Robinson [Robertson] I have uniformly endeavored to serve them, and have served them more than any other man living, in the most critical times, and even at the hazard of injuring myself and jeopardizing the best interests of Texas.

When I was in Nashville last winter some of the gentlemen who were members of the Company expressed to me their approbation of my conduct towards them. The fact is the fault was in them, in not settling the Colony as they might have done from 1825 to 1830. Had they done only half as much to settle the country above the San Antonio road, as I have done below, (and their means were greater than mine ever were) the physical strength of Texas, and the situation of our frontier settlements, would have been very different from what it now is.

Ever since 1830, I foresaw that an open breach with Mexico was inevitable. It was, however, of the greatest important to keep it off as long as possible, in order to gain time and strength. No one in Texas was more anxious than myself to have the country settled, and especially the upper Colony, for the safety of my Colonies below from Indian depredations depended upon it. I therefore never had any object in view in, procuring the contract of Austin and Williams but the public good. The same principle governs me still, and so far as my own personal interest is concerned, no impediments will be thrown in the way by me to any adjustment of this matter that Congress may deem equitable and necessary. But I have no power to dispose of or in any manner compromit or relinquish the rights and interests of others. For example amongst those who obtained authority from Austin and Williams to locate grants made by the State Government above the San Antonio road, is Col. Francisco Ruiz now a Senator in Congress. This gentleman received a grant of ________ Leagues from the State, and as a native Mexican has a preference by the Colonization Law of 24th March 1824 [1825] in locating it. He located ________ Leagues of it on the Brazos above the road as above stated, this location is certainly valid, and Ruiz's title is unquestionable, and yet it is said that this same land has been given to others under Robinson [Robertson]. This case of Ruiz will serve as an example for all others who settled in that Colony under Austin and Williams.

As I observed in the commencement this statement is made to correct many misrepresentations and erroneous impressions that have been circulated, in relation to these transactions, by which much confusion has been produced in the public mind and great injustice done to me. This exposition may also be of service in elucidating the question now before Congress, as to what ought to be done with Robinson's [Robertson's] Colony. I therefore beg that you will lay it before the Senate. I have the honor to remain,

S. F. Austin.