Telegraph and Texas Register (Columbia, Tex.), Vol. 2, No. 14, Ed. 1, Tuesday, April 11, 1837 Page: 2 of 4
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translation of the ; Laws, odeus and contracts ok coloniza- jicclHhe liberty, properly and civil rights, of all foreigners, who direct or indirect, that are paid by the other citizens of the em-
tion, from 1821, up to 1829; in virbue of which (profess the Roman catholic apostolic religion, the established pire. After this time, thev shall in all things relating to tares
tion, from lozi, up to lozy; in virbue of which
COL. STEPHEN F. AUSTIN INTRODUCED AND SETTLED
FOREIGN EMIGRANTS IN TEXAS.
JVb. L- Official Communication from Don Antonio Martinez,
Governor of lexas, to Moses Austin.
ler date of 17th January, last past, the commandant
.generand superior political chief of the eastern internal pro
vinces writes to me as follows:
"Having thought proper to hear the most excellent provin-
cial deputations, on the representation which your lordship,
(usia b.) directed to me with jour official letter, No. 1110, of the
26th December last, I have just received its resolution, to which
I have conformed; it is of the following tenor:5'
"It will be very expedient to grant ths permission solicited
hy Moses Austin, that the three-hundred families, which he says
are desirous to do so, should remove and settle in the province
of Texas, but under the conditions indicated in his petition on
profess the Roman catholic
religion of the empire.
Art. 2. To facilitate their establishment, the executive
will distribute lands to them, under the conditions and terms,
Art. 3. The empresarios, by whom is understood those
who introduced at least two hundred families, shall previously
contract with the executive, and inform it what branch of indus-
try they propose to follow, the property or resources they intend
to introduce for that purpose; and any other particulars they
may deem necessary, in order that with this necessary informa
tion, the executive may designate the province to which they
must direct themselves; the lands which they can occupy with
right of property, and the other circumstances which may be
Art. 4. Families who emigrate, not included in a con
tract, shall immediately present themselves to the Ayuntamieto
the subject, presented to the governor of that province, and I of the place where they wish to settle, in order that this body
wnich your lorasnip usia,; transmitted to tnis department, witn in con lormity with the instructions ol the executive, may desig-
your official letter of the 16th instant. Therefore, if to the first n ate the lands corresponding to them, agreeably to the industry
or principal requisite ui uemg catnoucs, or agreeing to oecome , wnicn mcy may establish.
so, before entering the Spanish territory, they also add that of
accrediting their good character and habits, as is ofFered in said
petition, and taking the necessary oath to be obedient in all
things to the government; t8 take up arms in its defence against
all kind of enemies; and to be faithful to the king; and to ob
serve the political -constitution of the Spanish monarchy; the
most flattering hopes may be formed, that the said province will
receive an important augmentation, in agriculture, industry, and
arts, by the new emigrants, who will introduce them; which is
all that this deputation have to say, in reply to your lordship's
aforementioned official letter."
"And I transcribe it to your lordship, for your information
and corresponding effects, that you may cause the interested
person to be informed thereof, by means of a person of your
confidence, who you will despatch with an express; and you
will at the same time, send in by said express, some copies of the
decree, which I transmitted under date of yesterday, granting a
pardon and amnesty to the Spanish refugees, who are on the
frontier, in order that they may be restored to the bosom of their
country God preserve your lordship many years. Monterey,
17th January, 1821. Joaquin de Arredondo. To the governor
of the province of Texas.'
AH of which I transcribe to you, for your information and
satisfaction, in answer to your petition, for which purpose, and
in order to inform you of the deliberations of the most excellent
deputation of these provinces, I have despatched with this, a
person of my confidence, who is citizen Don Erasmo Seguin;
and after having arranged for the removal of said families, which
you have contracted with me, it will be important for you to di
Art. 5. The measurement of land thall be the following
establishing the vara, at three geometrical feet, a straight line
of five thousand varas shall be a league; a square, each of whose
sides shall be one league, shall be called a sitio; and this shall
be the unity of counting one, two, ormoresitios; five sitios shall
compose one hacienda.
Arl. 6. In the distribution made by government, of lands
to the colonists, for the formation of villages, towns, cities, and
proinces, a distinction shall be made between grazing lands,
destined for the raising of stock, and lands suitable for farming
or planting, on account of the facility of irrigation.
Art. 7. One labor shall be composed of one million
square varas, that is to say, one thousand varas on each side,
which measurement shall be the unity for counting one, two, or
more labors. These labors can be divided into halves and quar-
ters, but not less.
Art. S. To the colonists whose occupation is farming,
there cannot be given less than one labor, and those whose oc-
cupation is stock raising there cannot be given less than one sitio.
Art. 9. The government of itself, or by means of the au-
thorities authorized for that purpose, can augment said portions
of jand as may be deemed proper, agreeably to the conditions
and circumstances of the colonists.
Art. 10. Establishments made under the former govern-
ment which are now pending, shall be regulated by this law in
all matters that may occur, but those that are finished shall re-
main in that state.
Art. 11. As one of the principal objects of laws in free
governments, ought to be to approximate, so far as is possible,
rcct, that when said families come on, information shall be im-jto an equal distribution of property, the government, taking in-
mediately given of the time of their arrival, and the place where , to consideration the provisions of this law, will adopt measures
they have stopped in this territory; and that you then come on for dividing out the lands, which may have accumulated in large
in company with my said commissioner, in order that we may
agree as to the place or places, where they may wish to esta-
blish themselves; so that I may go on there, and delineate the
town, and apportion out the lands, agreeably to the families, and
species of agriculture they intend to establish; and also to re-
ceive from them the before mentioned oath, in order that they
may be from that time considered, as members united to the
Spanish nation, and enter upon the enjoyment of the benefits
which it extends, and concedes to its citizens and to Spaniards.
-" f also expect from the prudence which your deportment
demonstrates, and for your own prosperity and tranquility, that
all the families you introduce, shall be honest and industrious, in
order that idleness and vice may not pervert the good and me-
ritorious, who are worthy of Spanish esteem, and of the protec-
tion of this government, which will be extended to them, in
proportion to the moral virtues displayed by each individual.
I also inform you, in order that you may communicate it
to those who intend to emigrate, that the supreme Spanish go-
vernment has just opened the port of the bay of San Bernard,
for navigation, and for introductions into this province, which
measure, will doubtless be very advantageous to all, and particu-
larly to the new settlers.
God preserve you many j'ears,
ANTONIO MARTINEZ, Gov.
Bexar, 8th February, 1821.
T.o Mr, Moses Austin, of the new settlement.
Nb, 2.J (Same to the same.)
Having seen your representation to this government, and
finding it to be conformable with its ideas, I have to inform you
that although I shall render an account of it to the supreme go-
vernment, for its deliberation, still not doubting it will be approv-
ed of, you can immediately offer to the new settlers the same
terms as contained in your proposals, assuring you that should
the superior government make any small variation, I will in due
time communicate it to you; with which I answer your afore-
God preserve you many ears,
No. 3. (Same to the same.)
For the better regulations of the Louisiana families, who
are to emigrate, and whilst the new settlement is forming, you
will cause them all to understand, that until the government or-
ganizes, the authority which has to govern them and administer
justice, they must be governed by, and be subordinate to you;
"for which purpose, I authorize you as their representative, and
relying on your faithful discharge of the duty. You will inform
me of' whatever may occur, in order that such measures may be
adopted as may be necessary.
God preserve you many years.
Bexar, 24th August, 1821.
portions, in the hands of individuals or corporations, and which
are not cultivated, indemnifying the proprietors for the just price
oi such lands, to be hxed by appraisers.
Art. 12. The union of many families at one place, shall
be called a village, town or city, agreeably to the number of its
inhabitants, its extension, locality, and other circumstances
which may characterize it, in conformity with the law on that
subject. The same regulations for its internal government and
police, shall be observed as in the others of the same class in the
Art. 13. Care shall be taken in the formation of said
new town, that, so far as the situation of the ground will permit,
the streets shall be laid off straight, running north and south,
east and west.
Art. 14. Provinces shall be formed, whose superficie shall
be six thousand square leagues.
Art. 15. As soon as a sufficient number of families may
be united to form one or more towns, their local government
shall be regulated, and the constitutional ayuntamientos and
other local establishments formed in conformity with the Jaws.
Art. 16. The government shall take care, in accord with
the respective ecclesiasliyal authority, that these new towns are
provided with a sufficient number of spiritual pastors, and in
like manner, it will propose to congress a plan for their decent
Art. 17. In the distribution of lands for settlement among
the different provinces, the government shall take care that the
colonists shall be located in those which it may consider the most
important to settle. As a general rule, the colonists who arrive
'first, shall have the preference in the selection of land.
Art. lo. Natives of the country shall have a preference
in the distribution of land; and particularly the military of the
army, of the three guarantees, in conformity with the decree of
the 2th of March, 1821; and also those who served in the first
epoch of the insurrection.
Art. 19. To each empresario who introduces and esta-
blishes families in any of the provinces designated for coloniza-
tion, there shall be granted at the rate of three haciendas and
two labors, for each two hundred families so introduced by him,
but he will lose the right of property over said lands, should he
not have populated and cultivated them in twelve years from the
date of the concession. The premium cannot exceed nine ha-
ciendas, and six labors, whatever may be the number of families
Art. 20. At the end of twenty years the proprietors of
the lands, acquired in virtue of the foregoing article, must alien-
ate two thirds part of said lands, either by sale, donation, or in
any other manner he pleases. The law authorises him 0 hold
in foil property Jind dominion one third part.
Art. 21. The two foregoing articles are to be understood
as governing the contracts made within six months, as after that
time, counting from the darof the promulgation of this law, the
executive can diminish the premium as it may deem proper, giv
ing an account thereof to congress, with such information as
' may be deemed necessary.
! Art. 22. The date of the concession for lands constitutes
pire. After this time, they shall in all things relating to taxes
and contributions, be placed on the same footing with the other
Art. 26. All the instruments of husbandry, machinery,
and other utensils, that are introduced by the colonists for their
usc at the time of their coming to the empire, shall be free,
as aiso the merchandize introduced bv each family, to the amount
of two thousand dollars.
Art. 27. All foreigners who come to establish themselves
in the empire, shall be considered as naturalized, should they
exercise any useful profession or industry, by which, at the end
of three years, they have a capital to suDDort themsslves with
decency, and are married. Those who with the foregoing quali-
fications, marry Mexicans, will acquire particular merit, for the
obtaining letters of citizenship.
Art. 28. Congress will grant letters of citizenship to
those who solicit them, in conformity with the constitution of the
Art. 29. Every individual shall be free to leave the em-
pire, and can alienate the lands over which he may have acquir-
ed the right of property, agreeably to the tenor of this law, and
he can likewise take away from the country, all his property, by
paying the duties established by law. '
Art. 30. After the publication of this law, there can be
no sale or purchase of slaves which may be introduced into the
empire. The children of slaves born in the empire, shall be
iree at fourteen years of age.
Art. 31. All foreigners who mav have established them-
selves in any of the provinces of the empire, under a permission
of the former government, will remain on the lands which they
may have occupied, being governed bv the tenor of this law. in
the distribution of said lands.
Art. 32. The executive, as it may conceive necessary,
will sell or Jease the lands, which, on account of their local-situation,
may be the most important, being governed with respect
to all others, by the provisions of this law.
This law shall be presented to his imperial majesty, for his
sanction, publication and fulfilment. Mexico, 3d January, 1823
3d of the independence of the empire. Juan Francisco, bi-
shop of Durango, president. Antonio de Mier, member and -
secretary. Juan Batiste de Arispc, member and secretary.
Therefore, we order all tribunals, judges, chiefs, governors,-
and all other authorities, as well civil as military, and ecclesias-
tical, of whatever class or dignity thev mav be. to romnlv wirti
this decree, and cause it to be complied with, in all its Darts: and
you will cause it to be printed, published and circulated Given
in Mexico, 4th January, 1823. Signed by the emperor. To-
Manuel de Herrera, minister of interior and exterior
COLUMBIA, TUESDAY, APRIL II, 1837.
No. 5. Colonization Law of 1823.
AUGUSTIN, by divine providence, and bv the congress of the
t . " ,-, .'. , ' -i. ,, . r i' . . . ,i i i !.. i -ii i .. i,;.
nation, isu constitutional emperor of Mexico, and grana . an lnvioiaoie jaw, ior ine ngnt oi propuny uuuicgai uhuuiwhjj,
master of the imperial order of Guadalupe; To all who should any one through error, or by subsequent concession, oc-
shall see these presents, Know ye, That the junta nacional J cupy land belonging to another, he shall have no right to it, fur-
instituyente of the Mexican empire, has decreed, and we
sanction the following:
The Junta Nacional Instituyente of the Mexican empire.
ther than a preference in case of sale, at the current price
Art. 23. If after two years from the date of the conces-
sion, the colonist should not have cultivated his land, the right
being convinced by the urgent recommendations of the govern- of property shall be considered as renounced; in which case
m'ent, of the necessity and importance of giving to the empire a I the resnective avuntamiento can grant it to another.
Art. 24. During the nrst six years irom me uaie ui we
concession, the colonists shall not pay tithes, duties on their pro-
general law of colonization, have thought proper lo decree as
Art. 1. The government of the Mexican nation will pro-
(b) Vueslra Senoria or usia, in the Spanish monaichy, is applied
. to the nobility and persons high in office: it may be translated, your
lordship, or your honor.
duce, nor any contribution under whatever name it may ie
Art. 25. The next six years from the same date, they
shall pay half tithes, and the half of the contributions, whether
Sundry public documents published in the Telegraph since its re-establishment,
being no where else to be found, the back numbers are
much called for, which we can supply to subscribers.
We are short in the following numbers, 40,. 43, 44, 45, 47, 53; 54,.
and 55, for which double price will be paid to such persons as can. dis-
pose of them, and consider ourselves much obliged..
We are frequently receiving orders to fbiward the-paper, which
cannot be complied with because the applicants have not complied' with
our terms by forwarding the money in advance.
Persons wishing to renew their subscriptions will please signify-
their intention on or before the publication of the last number for which
they have subscribed; payment in advance, otherwise the paper will be
suspended. Advertisements must be paid for at the time of handing in.
Terms For the first insertion, one dollar Der seven lines or nnfW-
subsequent insertion half price.
Information has been received from Matagorda, that the schooner
Bonny Boat, captain Thompson, had arrived at that port. Capt. T.
states, that off Velasco, within sight of land, he was hove to, by a Mexi-
can brig, mounting 1G guns. At this time there were two other brigs
in sight. After being detained for some time, and receiving six passen-
gers from the schooner Louisiana, which was captured at the same time,
he was allowed to proceed on his voyage, having no articles contraband
of war on board, and arrived yesterday in Matagorda. Capt. T. was
informed by Davis, the commander of the Mexican squadron, that he
had previously captured the schooner Champion, laden with provisionsr
arms, ammunition and emigrants, which he had sent to the westward,
Davis also informed him that the Mexican araiy were at, or near San.
Patricio, advancing to attack us.
Let none be frightened at the above intelligence. But it is hoped
that every citizen will prepare himself, and, in the event of another at-
tack, to be ready. Let there be no bustle, no precipitation or confusion-
If there be a necessity for a turn-out, we shall have due notice but let
none move until we hear something more definite. Deaf Smith has
gone to lhe west, and we are persuaded he will ijive us notice if danger
should be near. It is hoped all will look for the star in the west. Last
spring many fancied it was in the east.
Colonization Law. A great call being made for the laws and
regulat'ons under which the colonists have settled in TexaH, we have
undertaken lo re-publish them, not only in the paper, but also in pam-
phlet, to which will be prefixed a correct history of the first coloniza-
tion in Austin's colon'. This history was published in 1829, but there-
being but three hundred copies printed, but few of the present inhabi-
tants, c en of Austin's colony, arc acquainted with it. We should, also,,
have published this in our paper, but for the press of other matter, and
the necessity of inserting the translations, which though not so interest-
ing as the introductory history, is considered important at this time.
We arc certain that the introduction will be read with much interest,.
not only by the new emigrants but by the first pioneers of the colonies,.
who are yet living testimonies of the difficulties, privations and dangers,
which were borne by themselves and by the founder of the colony,,
whose indefatigable exertions in obtaining permission to colonize this
country, were only equaled by his great anxiety, solicitude and labor in
accomplishing the object.
Victory. In another column it will be seen that " Deaf Smith"
has been again at his old business. The result of this skirmish has fur-
nished another proof to the thousand which have preceded it, that our
degraded and dastard foes can never make head againsteven half tlieir
number of the sturdy " backwoodsmen of the west." Our enemies can
have no reason for complaint of this breach of any existing treaty, as
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Borden & Moore. Telegraph and Texas Register (Columbia, Tex.), Vol. 2, No. 14, Ed. 1, Tuesday, April 11, 1837, newspaper, April 11, 1837; Columbia, Texas. (texashistory.unt.edu/ark:/67531/metapth47927/m1/2/: accessed March 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.