The Austin Papers, Vol. 1 Pt. 2

THE AUSTIN PAPERS, 1487 etc. and in case the trial by jury is not allowed their decision in Criminal Cases should be subject t.o the revisal of some Superior tribunal so as not to give one man the power of deciding finally in •Case of Life and death. The Circuit Courts for this Circuit might hold three terms nt this place, and three terms at Nacogdoches in the year; say in this place on the second Mondays of October, Feb- ruary und June, und at Nncogdoches on the second :Mondays of December, April and August. There should be a clerk appointed nt each place where the Circuit Courts are held to keep the records of said Court [to] issue process etc and his fees clearly defined by law. There should be a sheriff or alguacil in each place where said Court is held to execute·its orders and decrees and his duties and fees defined. There should be a Not.ary Public for this Colony and one for Nacogdoches with his fees clearly defined. The jurisdiction of the Alcaldes and their specific duties and powers should be clearly defined even to the furnishing of forms so as to give uniformity to their proceedings. Judicial proceedings in the department of Texas originally had in the English language when translated by the proper person should have the same validity as if originally had in Spanish. ,vithout this the new settlers will be totally debarred all access to courts of Justice for not one in a hundred understands Spanish- Also there should be some provision for the appointment of trans- lators and their perquisites or fees fixed by law. There should be a complete digest of all the laws in force, pub- lished in n. bound book and generally circulated gratis to every officer civil judicial and militia throughout the State and sold to tlie people on moderate terms. Owing to the ·distance from the new Settlements to Bexar and the inconvenience thnt will arise in Communicat.ing with the Govt by the Alcalcles individually there should be a Gefe Bubalte1'1U> (Subaltern Civil Chief) to reside at San Felipe de Austin whose authority should extend from the Sabine to Labaca, or two Chiefs of this description, one for the Country from Sabine to Neches and another from there to Laba.ca-This Chief or Chiefs should understand both Spanish and English and be the organ of Com- munication between the Govt and the Alcaldes and the other sub- ordinate oflicers of the jurisdiction, and be a subordinate executive officei· subject to the orders of the Chief of Department and Gov 0 r of the state etc.-he should have a Secretary legally appointed and his fees for translating and other perquisites as well as his duties clearly defined by law. If such a chief is not appointed great in- 25007°-24-voL 2, PT 2--31

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