The Austin Papers, Vol. 2

i'.tIE AUSTIN PAPER$ 797 personal quarrels as the present system does. Some doubts of a constitutional character have also occured to me. The genl..princi- ples of the :Mexican constitution are similar to those of the U. S. How will it affect the citizens of other states who have dealings in Texas to prohibit the coersive collection of debts there-how will it affect debts contracted by citizens of that state, in other states, or in foreign countries who have treaties with this nation? Those debts would of course be contracted with the knowledge by both the con- tracting parties, that they could not be coersively collected in Texas. There would have to be an exception in favor of debts due to the Genl. or State govt.-ought there not to be some others? £or example in favor of mechanics or laborers for their wages-or of minors or widows for property sold on credit to settle an estate etc.-of carriers and freighters-how far ought the exceptions to extend or ought there to be any? This system would probably greatly ·reduce the number of lawsuits about -N-cr which would of course greatly dimin- ish the number of lawyers-this would be an important point gained. I wish you to understand that I have no prejudices against lawyers merely because they belong to that profession. My objections are to the system of laws that renders such a swarm of agents necessary to administer them. [Deleted by Austin: if justice ought to be prompt plain simple and not expensive-to be so the laws must be plain, as few as possible, and accessible to the understanding of everyone-not loaded down by a lnbarinth of forms, nor by the prece- dents and decissions of centuries past, which.no one but a very well read lawyer can comprehend] The situation of Texas is peculiarly fortunate in some respects, with reference to its future political organization, .As a member of the 1fexican confederation its weight will be respectable-it is a new country untrammeled by old and fixed habits customs or local laws-a vergen soil ready to receive any seed that is sown upon it. Btit few such opportunities have occurred of perfecting the local organization of a community [such] as Texas will present. I have no doubts as to slavery, it is now prohibited in Texas by the constitution and I hope always will be. I have _trespassed greatly upon your time and cannot hope that you will answer this letter to the extent that the subject with all its benrings and details admits of, but I should esteem it as a favor to have the benifit of your experience .and of any other learned and experienced man so far as the expression of an opinion, whether a system based on the general principle that debts should not be coercively collected, would be benificial in practice as applicable to Texas and what would be its probable influence upon society, :md its effect _on human happiness. I think it is a question worthy of the

Powered by