John A Williams to Stephen F Austin, 01-04-1831


Summary: Reviewing political status of the Sabine border and suggesting form of local government—especially courts—that should be established.


District of Atascosito. Texas 4th January 1831

Col S. F. Austin

Dear Sir In conformity with my promise I have endeavoured to learn from the people the public opinion as to the best mode of organizing the local government of this district, no public metting has been had, but I have conversed with a number of persons whose opinions are entitled to respect Messrs. George Orr, Baker McSpinks, our former Alcalde, and Wm Milspaugh the present Alcalde are among those I have consulted They were made acquainted with the object of your address of the 17th Novbr last, and All concured in the course there suggested

If, for the last seven years, the people of this dist, have governed themselves in a peaceful and harmonious manner without courts legally established, without the enjoyment of the rights of citizenship and almost without law, yet obedient to law when known. Is this not conclusive evidence that they are justly en- titled to the previledges enjoyed by other foreigners settled in this province? For some years the strangers residing in more favoured parts of the State have had their courts legally constituted by which their judicial procedings were entitled to respect, they have been made the rightful proprietors of the soil they cultivate, they exercize the right of suffrage at elections, and have representatives in the legislative counsels of the Nation. In a word they enjoy all the civil rights which the Municiple laws of this nation permit to be exerised by foreigners. But not so with us.

Our judicial procedings altho just, yet they are arbitrary, and that from necessaty. Although we cultivate the soil, yet we are at will. Although our civil rights have been suspended since the day we first set our feet on the soil of Mexico, yet we have been faithful to her political institutions Always ready to defend her cause when defence was necessary, and obedient to her laws when her laws were made known.

These are incontrovertable facts known to your self and also to many worthy Mexicans who have traveled among us. But we complain not nor attribute our misfortune to any willful neglect on the part of the Govt, but solely consider it the result of unforeseen, and therefore unavoidable accidents.

If I had not considered myself authorised by your favor of the 17th of Novbr. to communicate with you on the subject of the organization of the local government of Trinity and Naches. I should have been totally silent, but conceiving the correspondence already opened and that by one of the constitutional representatives of the people, I consider myself under the greatest obligations for the honour you have thought fit to confer by asking my opi[ni]on on the subject now alluded to, and should consider myself liable to great reproach if I should refuse to answer fully and freely on a subject of such vital importance to the political existence of this dist.

I would therefore, with due respect, suggest the following mode of organization for this section of country.

Let there be a court of equal grade, power, and authority, with those of other jurisdictions of the state, legally established. If other courts or Ayuentamentos possess the power of framing police regulations let this possess the same but this kind of power should be but sparingly given to any court for there is always danger where legislative and judicial powers are vested in the same hands, and the power of passing police laws is clearly a legislative power so far as it extends

The limits of this jurisdiction should include the teritory bounded by the following lines (To wit) begining at the mouth of the sabine River thence runing up the same to the dividing ground between Cow bayou settlement and Bevells settlement including the former settlement thenee to the Trinity river below the quosliaío Villedge including the Jiaches settlement and ail the anierican and Mexican families on the Trinity nelow the quoshato Viliedge, thence from immediately below said Viliedge flue west to the Langes into your eastern country here, thence down the Sangeslnto to its mouth thence along the eastern line of your colony to the gulf, thence along the margin of the gulf to the begining The Maches and Cow bayou bettlements have hitherto been considered part of this dist. and held amenable to our courts and voted at our elections, If it shoul be said this teritory is too large to form one jurisdiction I answer, it is thinly inhabited except on Trinity and that to appoint Ayuntamientos in every settlement of ten or fifteen families would be absurd, and further, that when the population becomes more dense it will be time enough to form new courts.

As to the place of holding courts, At Perries point one Mile distant from the mouth of Trinity a Town has lately been laid out, by Col. Bradburn of the Mexican -Army his detachment is stationed there and making rapid improvements A number of american families will settle in that place so soon as they can procure lots and 1 am informed by Col Bradburn that a quantity of Mexican families have or soon will embark for the purpose of settleing there, I am therefore induced to believe it will soon be a place oí considerable commercial importance. Would it not, therefore be better to fix the Seat of Justice at Perries point ?

If the plan of organization here suggisted should meet your approbation together with those who will have to decide its fate, the state will never lament the act, for stern necessity requires that there should be some legal tribunal within the reach of every member of society by which every real, or imaginary wrong might have its remedy and every ex[ist]ing difficulty adjusted.

Whether we may be so fortunate as to succeed in this application, or not, you Will please to have the goodness to inform us of the result as soon as practicable and if successful some provision should be made for organizing the court as soon as posible, and ought not (in my humble opinion) to be delayed until the time of the anual election of Alcaldes. Jno A. Williams [Rubric]