1280
AMERICAN HISTORICAL ASSOCIATION.
two fires. On the one hand duty, as well as honor and inclination, urge me to obey faithfully the orders of the Superior authority; on the other, the same considerations cause me to doubt if my compli- ance, will not amount to an injustice, or produce fatal consequences. Our people, thus far, have been contented to live under the existing provisional rules, convinced that they were approYed by the Supe- rior Authority; but your Lordship's order causes them to doubt their legality, and whether they are bound to obey them. Thus I run the hazard of finding the only rules and laws by which I could hope to succeed in preserving good order in the Colony, and keeping bad men in subjection destroyed and annulled by the very authority that sanctioned them and this .without supplying their places by any others. It will be believed that if the rule under which the Alcalde of the Colorado attached De Leon's property is not lawful, no other rules are so, since they were established by the same authority. The amount of money in litigation with De Leon is nothing, nor ought the ruin of the Alcalde of the Cororado, or any other person to have any weight if they are guilty. The difficulty lies in the disor- ganizing principles that may be created, and, also, in the belief that cannot fail to exist in the minds of the settlers, that the Executive, or political officers unite in their persons all the executive and military political and judiciary powers that were formerly vested in the Gov- ernors and the Spanish Government. Therefore I beseech your Lordship to decide that De Leon's case shall follow the course prescribed by the existing provisional rules, and to excuse my hesitation in executing your orders to the effect that the Alcalde shall return, at his expense, the attached property to De Leon on the Guadalupe; considering that my delay has been caused by the doubt herein submitted, and not by a want of respect £or the Superior authority. God and liberty. EsTEVAN F. AusTIN. San Felipe de Austin, March 18th, 1826.
AUSTIN TO POLITICAL CHIEF, SAUCEDO
[From Austin's Blotter, in file of August 26, 1824.] Contestacion sobre los q.ue llevan bestias sin pasaportes
En cumplimicnto con lo que VS me manda por oficio fecha 8 de febrero popo. sob.re la dctencion de los que quieren pasar a los Es- tados del Norte con bestias sin pasaporte en que hagan constar !a cantidad que conducen he dada orclen a los Alcaldes de esta· Coloma para. que bajo la. ma? ~trecb.a res_ponsabil~da.d. deti~n~n. 6. todns J?er-
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