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Th.e Development of Friction, z820-z835
ances given by the Mexican minister that there were no legal obstacles to the collection of foreign debts in Texas under existing Mexican Jaw fully aroused the colonists and Austin to the necessity of securing protection against unscrupulous creditors. Austin reiterated his pleas on behalf of his colonists "until the country was more developed" in letters to the Political Chief, the Governor, the Federal congressman, and the Federal commissioner in Texas. The Governor gave his hearty approval to the proposal, and presented the matter to the Legislature. After some discussion, a law, passed in January, 1829, exempted lands acquired by virtue of a state or colonization law from execution for debts contracted prior to the acquisition of the grant; colonists and em- presarios were not to be sued for such debts for twelve years; after that time they were to be obligated to pay in money or products only "in a manner not to affect their attention to their families, to their husbandry, or art they profess." The law exempted from attachment all lands, farming implements, and tools or machinery of their trade. 17 This provision had a remote origin in Spanish legislation that goes back to the late fifteenth century. "This statute constituted," says Barker, "a sweeping homestead law. . . . It was in effect ten years, being continued after the separation from Mexico.... It gave place then, January 26, 1839, to the better known, but not more effective, act of Lamar's admini!itration, which has been regarded as the foundation of the successive homestead exemp- tion laws . •. and as the prototype of a goodly progeny in other states,m• Tlte niilifi<s and. tlte Indians. At the same time that the first col- onization contract was approved, Austin was authorized to organize and was named commander of the militia in his colony. A later coloniza- tion law made all empresarios responsible for the militia and its com- mand. Excepting the Fredonian Rebellion, the militia was used exclu- sively against the Indians. Since Austin had been forced to leave for Mexico in 1822, he had not the time to organize the militia of his colony, which, in truth, had not yet been established. While on his way back in June, he issued instructions dividing the settlements into five military districts and ordered each to elect its own company officers. As circumstances de- manded during the next six years, the original military districts were further subdivided the more effectively to meet the threat of the In- 11Gammel, Laws of Tezas, I, 220. llBarker, Life of Ste,P/ren F. Austit1, 227.
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