[The autograph letter printed below is found among the Lamar Papers. At the time when it was written, the writer, Peter W. Grayson, was attorney general, and M. B. Lamar, the recipient, was vice-president of the Republic of Texas.
“The Prison Journal of Stephen F. Austin,” printed in The Quarterly, II, 183-210, presents a narrative of his movements from December 10, 1833, to February 13, 1834, the date on which he was placed in the Exinquisition prison, and of his life in that prison from February 13 to April 29, 1834. The Journal ceases abruptly on the latter date, although Austin continued in the same prison until June 12, 1834. Additional information concerning himself while in prison is found in a letter which he wrote to James F. Perry, August 25, 1834. It is printed in Edward, History of Texas, 211-220. The important features of the letter below are: (1) the light it sheds upon the efforts of the colonists to comfort and aid Austin; (2) the nature of the evidence put forward against Austin by the prosecution, and (3) the statement of the successive steps in his release from prison and his final liberation and return home.—E. W. W.]
PETER W. GRAYSON TO MIRABEAU B. LAMAR
Columbia [Texas] Feby 14 1837 Dr Sir
The request you have made of me to give you some account of the imprisonment in Mexico of our lamented fellow citizen Genl Stephen F. Austin with the circumstances attending it as I had occasion to observe them, during my stay there with him, I take the first leisure to comply with, assuring you that it gives me much satisfaction to furnish all the little information in my power with respect to the interesting life of the individual whose late untimely death 95 we have all been left to deplore. I may in passing take this occasion to express to you the pleasure I felt on learning your determination to collect and throw into the form of biography the many interesting incidents connected with the first settlement of Texas, and its various succeeding interests, in all of which the deceased is known to have borne so conspicuous a part. 96 For such an undertaking the present seems plainly to be the most propitious time that could have been chosen,—as there are many persons yet living among us, from whom information of the greatest value for your purpose may now be derived and whom a few years of the ordinary course of Nature may remove beyond the reach of enquiry. I may add, too, in support of your undertaking an assurance I feel of the interest its successful execution can not fail to excite in all minds that have a relish for the achievements of enterprise and a turn to contemplate with curiosity and pleasure the rude beginnings of infant settlements—their progressive improvements, and final advance to the condition of States.
As you are no doubt well informed of the circumstances which called the subject of the Life you are writing to the City of Mexico, with his long stay there, on the business of his mission—its unsuccessful termination, and the cause of his subsequent arrest at Saltillo, on his way home, it will be unnecessary for me to go into any detail of these particulars—my purpose being merely to give you in this account what I know of the treatment he received, from the time of his arrest at Saltillo up to the time of his final release in Mexico.
As he informed me, on the occasion of his arrest, which I think took place some time in Jany 97 1834, he was unable to learn from any source whatever, the particular cause which had led to so unexpected a procedure and was consequently left to conjecture merely what it might be. The officer, who came to take custody of his person, could only inform him that he was acting in obedience to the orders of the Vice President, Farias, then Acting President of the Republic, which, as he said, were to conduct him back to Mexico and deliver him over to the authorities there. This was accordingly done after a journey of some twenty-five days, over a distance of about 700 miles, passing somewhat out of the direct way to Mexico.
On his arrival there, 98 he was taken to the famous prison of the Exinquisition, in front of which he sat upon his horse for some time, 100exposed to the gaze of the multitude in the street, awaiting the despatch of orders for his admission into one of the cells of that gloomy edifice. He was presently delivered over to one of the officers of the prison, and conducted through many dark and winding passages to an interior apartment which, he was informed, had been appropriated to receive him. It was a room without any other light than that which came in from above, through an aperture, which was kept open, only for a few hours during the day. 99 Here he remained for three months in solitary confinement, without books, writing materials or any other means being allowed him, to relieve the tedium of existence through the dull hours of captivity. His only employment as he informed me, during the few hours of light, he was permitted to enjoy during the day, was to draw with a fire coal upon the wall, as well as he could, rude outlines of interesting landscapes he remembered to have seen, and now and then, with his penknife and a few sticks putting together rough models of whatever came into his head of easy imitation.
During all this time no intimation was made to him of the cause of his confinement, or of any formal prosecution going on against him, for the offence he might be supposed to have committed. At the end of the time before mentioned, Sant Anna coming up to Mexico, and resuming the reins of Government issued an order for his removal from the prison of the Exinquisition and transfer to another (the Acordada) in a different part of of the City. Here he was placed 99 in an apartment which was comparatively comfortable, having for society a fellow prisoner, and enjoying the further privilege of communication with his friends and such other persons as might choose to call and visit him. Without any material change such continued to be his condition for many months—in which time he wrote to his friends in Texas a few letters giving some account of the circumstances of his confinement, in mild and uncomplaining terms, particularly requesting that there should be no excitement got up among the people on his account, but, on the contrary, that all should await patiently and tranquilly the disposition of the Government, upon his case, which he appeared to think with tolerable confidence, would soon have a favorable termination. Such was in substance the character of the first few letters he addressed to his friends about this time; but there was one which came into my hands, about the last of July of the year '34 in which though he expressed no particular impatience or distress at his condition, seemed, I thought, to breathe a kind of suppressed feeling of mortification, that he had been permitted to remain so long in prison, and among strangers, without receiving any notices of kindness from his friends or manifestations of interest for his fate. This it must be owned was a natural feeling for him to entertain, and yet it is but justice to the people of Texas, to say that they had been lulled into this inactivity and apparent indifference, through the influence of his advice, which recommended mildness and forbearance on their part.
It was this letter which determined me to make the offer to his friends of my service of going on to Mexico, and bearing to him the consolations of our personal sympathy at least, if no other good;—Mr. Spencer H. Jack who was present agreeing to accompany me. It happened about that time that Colo[nel] Almonte, now so well known to the people of Texas, was passing through the country in the character of a Commissioner, principally no doubt to observe and report upon the apparent dispositions of the people, toward the Government of their adoption. This it is natural to suppose was the object, since we knew that he was despatched from Mexico, about the time of Genl. Austin's arrest at Saltillo, which was no doubt predicated upon suspicions that were entertained of his loyalty and future intentions, the letter 101 which he wrote from Mexico—under date of Oct. [2] '33 to the Ayuntamiento of Bejar recommending the organization of a State Government, without the consent of the general congress, having been interpreted by the rules of Spanish logic, as meaning no less than a move for Independence. I took at the time the first opportunity to solicit a conversation with Colo[nel] Almonte, on the subject of Gen. Austin's imprisonment—the causes of it, and the probabilities of his release. He frankly acknowledged to me that he saw no sufficient reason for his longer detention; and on my telling him that I thought of going on to Mexico, with a view to do all the little in my power toward effecting his release, he gave it to me as his opinion that such exertions would have a favorable effect, and that for his part, on his arrival at Mexico, he would cheerfully co-operate to the same end;—a pledge which it is proper I should acknowledge he faithfully redeemed. In a few days thereafter, Mr. Jack and myself accordingly set out for Mexico, taking with us addresses to the President Sant Anna from the various Ayuntamientos of Texas, soliciting the release of our fellow citizen. Passing through Monclova, then the seat of Government of the State of Coahuila and Texas, we obtained through the influence of Don Juan Padilla, a known and well tried friend of the Colonists, at the time Secretary of State, an urgent address from the Governor, to the President, to the same effect.
On our arrival at Mexico, which we reached on the 15th of October, we laid those various addresses before his Excellency Genl. Sant Anna.
On enquiring for our friend Genl. Austin, we found that he had now been removed to still another prison of the City—where his condition was in no material respect different, from what it had been in the one he had last left. We had no difficulty in procuring admittance to the room in which he was confined; with some three other prisoners who were Mexicans.
The delight he experienced on seeing us may be more easily imagined than described, as he was now convinced that there was at least some sympathy felt for his condition, on the part of those from whom he had naturally a right to expect it, however poor might be the prospect of any relief at their hands. After much conversation on various matters, I asked him to inform me what was the nature of the charge or prosecution against him, and what the law, which it was said he had offended. He replied . . . 102 that on that subject he was as entirely uninformed as myself, that he had not seen an official paper of any kind whatever relating to his case, and that he merely supposed, his letter to the Ayuntamiento of Bexar, before referred to, had been the cause of the proceeding against him. It is worth while to observe that he had now been confined about 9 months.
The first thing we thought it most prudent to attempt was merely to procure his release on bail. This could only be effected by the exertion of personal influence with the Judge, before whom his case was now in some sort pending, jurisdiction of it having been declined previously, as I understood, by one or two functionaries of that class. 103 It is needless to detail here, the various efforts that were made to influence the Judge to grant bail to the prisoner. Whilst these means were being employed, the papers of the cause as it was called, we[re] brought and delivered to the accused in compliance with the form usually observed in such matters.
On examination they were found to be a huge mass of documents, if indeed such stuff deserved the name, a great part of which purported to be evidence. Much of this evidence, to our surprise we saw consisted of floating and indefinite rumors that had been reduced to writing and thus made to assume a more imposing form. Among other things of this sort, I remember there was a letter, which had been written by an unknown writer at Matagorda, during the time of Genl. Austin's confinement, to the Editor of a newspaper in New Orleans in allusion to his case, as connected with the affairs of Texas generally—now formally translated into Spanish and made to cut a serious figure in the prosecution. Of a character in no degree more relevant, was all the rest of the evidence which came under my observation.
We looked in vain for any paper in the nature of an Indictment, which might present the precise form and substance of the accusation. Everything was left to be guessed at and gathered, as one best might, from the chaos of papers such as I have described them. Which had all been manufactured, in the spirit of the Inquisition, entirely ex parte.
The cause however had been thus sent to the prisoner, that he might be enabled to make out his answer or Defense. This he employed an Advocate to do for him—it was accordingly done—and as I think in a very able manner.
Of this Gentleman who was an advocate of much note in the City I remember we enquired the Law upon which the prosecution was proceeding. He frankly told us that he did not know it himself; remarking that neither he or any one else could say with any certainty what was Law in Mexico either in civil or criminal matters—that a Congress, shortly after the close of the revolution, had passed a statute declaring that all laws previously in force, which were inconsistent with a republican form of Government were thereby repealed, whilst all that were not so, should continue in force.
It is easy to conceive the uncertainty of practice, necessarily attending so undefined a state of the Law as this.
Through all this uncertainty however, and after much delay, bail was granted upon high security on the 25th December and the accused set at liberty within the bounds of the City.
He who was accepted as security was a wealthy Mexican of the City, by the name of Pascual Villar. The American Consul Doctr. Parrot generously offered his name which was however not required.
The discharge on bail, we were disposed to regard in substance as an acquittal;—in a country where mere rumor and suspicion stand in the place of legitimate evidence, and imprisonment for an indefinite period, at the pleasure of the Government, is the only means relied upon for securing the person of any one they expect to punish.
These things wore a startling and monstrous appearance to us who have been accustomed to see criminal law administered with so much indulgence to supposed guilt; everything previous to trial being done on the liberal presumption of innocence till the contrary appears; whilst in Mexico, the opposition presumption prevails, and the party is taken for guilty until he proves his innocence. Such a proceeding as that under our Habeas Corpus, being so entirely at war with the whole spirit of their Criminal Jurisprudence, has of course never been dreamed of.
To my mind all their proceedings in criminal matters at least, bear evidently the stamp of the Inquisition which in Spain [?], upon mere rumor or suspicion no matter how vague or irrelevant, was in the practice of carrying on the greatest prosecutions by ex parte management, in the absence of the accused—oftentimes whilst he was pining in prison, ignorant of all that was going on against him.
From a Government deformed with such a system of Laws as this I have here given you a notion of, it has been our fortune to separate; a consideration which should incline us all I think to bear with the greater patience, the inconveniences and ills, which our new condition may bring upon us.
A few more words will suffice to close this account. Immediately after Genl. Austin's discharge on bail, suitable efforts were made to bring the cause to a final hearing, but this could by no means be effected; as the Judge fearing, no doubt the imputation of partiality to foreigners, and thinking perhaps he had already done enough for Justice, declined for the time, any further action on the matter.
It happened fortunately about this time, that the Congress of the Nation convened 104—and passed after a discussion and delay of some months an Amnesty Bill as it was called: which had the effect of doing away all political offenses that had been or were supposed to have been committed up to a given period. In the meanwhile Genl. Austin had written a clear and lengthy exposition 105 of the affairs of Texas, in which he successfully vindicated not only his own motives and conduct but those also of his fellow citizens the Colonists. This Exposition was printed in pamphlet form, and distributed among the members of Congress and most other dignitaries of the Government. It made I do not doubt, a very favorable impression; as, when the Amnesty Bill came out, there was no exception in it as to him.
The consequence was that after a good deal more perplexity with the Judge, he obtained his complete discharge, which took place I think some time in June, following his liberation on bail.
Soon after this, providing himself with a passport he took the stage from Mexico, to return home by the way of Vera Cruz. Arriving at the latter place, he encountered a new, and unexpected difficulty, from the Commandant of the military there, who peremptorily informed him that he could not yet be permitted to leave the country. That officer persisting in his arbitrary position, Genl. Austin made a visit to the President Sant Anna, who was then at his Hacienda about five leagues distant from Vera Cruz, and representing to him the obstruction offered to his departure, obtained from him a peremptory order to the Commandant, to permit his free egress from the country.
This difficulty being removed, he immediately went on board a vessel bound for N. Orleans where he arrived some time about the 10th of August—and where, happening to be myself at the time I had the pleasure of meeting him.
I can not conclude this account without bearing testimony to the extraordinary patience and forbearance with which he endured the long delays—vexations and sufferings which attended him during his stay in Mexico. He seemed, by a great effort to have formed his mind to the necessity of his condition, in so much that during all the time I spent with him, which was near four months, I do not remember to have heard him use an intemperate expression of any kind with respect to any person or circumstance connected with his imprisonment. As I was in the habit of visiting him in prison, daily, I had the best opportunity of observing the amiable character of his disposition—as well as his unexampled patience and fortitude.
From what I have here written hastily and imperfectly I hope you will be able to extract enough for the purpose you have in view.
Very respectfully, Yr Obt Servt. P. W. Grayson. The Honble. M. B. Lamar.
96. The reader will perceive from this letter that General Lamar was planning to write a book. The scope of his efforts contemplated a life of Stephen F. Austin and a history of Texas. It was not his good fortune to complete either; but as a monument to his patriotic efforts he bequeathed to posterity the large collection of historical manuscripts, now known as the Lamar Papers, of which this letter forms a part.
97. January 3, 1834.
98. February 13, 1834.
99. In the Prison Journal will be found a diagram of the prison and some description of Austin's cell. See The Quarterly, II.
100. June 12, 1834.
101. A copy of this letter is appended to Austin's Explanation, etc., in The Quarterly, VIII, 256, 257.
102. At this point there is a hole in the manuscript and a word is lost.
103. “I remained in the inquisition until the 12th of June, when the military tribunal, to whom my case was referred, decided that they had no jurisdiction over it; and I was removed to this prison [Acordada], and my case delivered over to a civil tribunal, or jour de litras [Juez de letras], in whose hands it slept until the 12th of August—when he decided that he had no jurisdiction over it; and it was then sent to the federal district judge, who soon despatched it, by deciding that he had no jurisdiction over it, as I did not reside in his district. The matter was then sent to the Supreme Court of the United Mexican States, in order for them to decide what court or tribunal ought to try me; and there the case rests at present. So that after eight months, I do not know as yet, what court is to investigate my case.”—Austin to Perry, August 25, 1834, in Edward, History of Texas, 212-213.
104. January 4, 1835.
105. It is dated January 18, 1835. A translation of this pamphlet is printed in The Quarterly, VIII, 232-258.
How to cite:
"THE RELEASE OF STEPHEN F. AUSTIN FROM PRISON ", Volume 014, Number 2, Southwestern Historical Quarterly Online, Page 155 - 163. http://www.tsha.utexas.edu/publications/journals/shq/online/v014/n2/article_6.html
[Accessed Sun Nov 23 12:18:20 CST 2008]
