LAWS OF COLONIZATION MEXICO, COAHUILA AND TEXAS THE SUPREME GOVERNMENT BY THE PROVINCIAL GOVERNMENT LONDON: 1828 PASSED BY AND

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1 LAWS OF COLONIZATION PASSED BY THE SUPREME GOVERNMENT OF MEXICO, AND BY THE PROVINCIAL GOVERNMENT OF COAHUILA AND TEXAS LONDON: 1828

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3 TRANSLATION OF THE GENERAL LAW OF COLONIZATION No. 72. DATED 18th AUGUST, The Sovereign General Congress, assembled for purpose ing Constitution fram-- United Mexican States, has lows:- decreed as fol- ART. 1.-The Mexican Nation fers to those foreigners desirous who may settling be in her territory security for ir persons erty, provided and prop- y obey laws country. ART. 2.-This law relates to those lands, national property, belonging which, to no as. individual, corporation or town, may settlers. be occupied by ART. 3.-For this purpose Congresses speedily States as shall possible as frame laws or regulations for those colonization lands which appertain to m, conforming in every fundamental respect with Constitutional Act, General regulations Constitution, established and by this law, o ART. 4.-No lands lying within 20 leagues boundaries foreign with nation, any nor within 10 leagues coast, can be settlers, occupied without by previous approbation Supreme Power. Executive ART. 5.-If, with a view to defence or security government nation, federation should think fit to occupy lands, in any order to construct magazines, arsenals, or or ings, public it build- is empowered so to do, with approbation Congress, general and during its recess with that Council ART. 6.-Until Government. 4 years from publication this law, shall no be impost levied for admission those foreigners who may first come time, for in order to settle in nation. ART. 7.-Until year 1840 general Congress shall admission not prohibit foreigners to colonize, excepting, indeed, should circumstances imperiously oblige it so to do, with regard to any individuals nation. ART. 8.-The Government, without defeating purposes law, shall this take those measures precaution which it may dient deem for expe- security federation, with regard to those who may foreigners come to colonise. ART. 9.- In distribution lands a preference is to Mexican be given citizens, to and between m no or distinction shall be 7 made -vol.. (97)

4 98 Laws Colonization. than that to which individual merit, or services rendered to country, may justify or, where in or cases a parity exists, residence in part to which lands appertain. ART Those military men who, agreeably to fer 27th March, 1821, have a right to lands, shall be recompensed on presenting documents with which Supreme Executive Power shall for that purpose provide m. ART. 11.-If, according to decrees for paying f principal according to a calculation probability length life incumbent, Supreme Executive Power should think proper to alienate any portions land in favour any public servants federation, military or civil, it is impowered so to do, with government lands territories Republic. ART. 12.-In possession no individual shall be allowed to be united, as his own property, more than one square league 5000 yards lands fit for irrigation, 4 arable land not irrigated, and 6 pasture land. ART. 13.-The new settlers are not permitted to transfer ir property to religious communities. ART. 14.-This law guarantees contracts which speculators may make with those families which y may convey at ir own expense, provided y are not contrary to laws. ART. 15.-No one who in virtue this law obtains possession lands, can hold m if settled out territory Republic. ART The government agreeably to principles established in this law shall proceed to colonise territories Republic. The Supreme Executive Power is hereby made acquainted with this law, and will take requisite measures for its fulfilment, directing that it be printed, published, and circulated.-mexico, 1Sth Aug (Signed) C. IBAR.RA, President, Etc., Etc., Etc. PEDRO DE AHUMADA, MANUEL DE VILLA Y CRIO, Deputies Secretaries. To DON LUCAS ALAMAYr, Directed to be published by EXEOCTIVE POWER, in Mexico, 18th Aug (Signed) N. BRAVO, President, Etc., Etc., Etc. VICTE. GUERRERO. MIGL. DOMINGUEZ. And published on same day. (Signed) ALAMAN. (98)

5 LAW FOR PROMOTING COLONIZATION IN THE STATE OF COAHUILA AND TEXAS DECREE, No. 16.-The Congress, assembled for ing purpose Constitution form- Sovereign Coahlila and Independent and Texas, State desirous augmenting population by all possible its territory; means encouraging cultivation lands, raising its fertile stockl, and progress exact conformity arts and commerce, with in Act on which with Constitution federal is Constitution; founded; and eign basis Decree establishdel by general Sover- Congress, No. 72; decreeas follows:- LAW OF COLONIZATION OF THE STATE OF COAHUILA ANAD TEXYAS. ART. 1.-All those foreigners who in virtue general 18th law August, 1824, by which security for ir is fered property in all and persons territory Mexican Nation, establishing may be mselves desirous in any towns are hereby Coahuila permitted: that and State Texas, invites and proposes to m so to do. ART. 2.-Those who shall do so, far from being shall be in secured any way by molested, local authorities which above shall mentioned allow ihem towns; full liberty to engage in whatever may honest suit m, calling as long as y duly obey and general ordinances laws nation, State. ART. 3.- Whatever foreigner at present 'Texas, resident may in determine in Coahuila on and. settling re, shall make effect, a declaration addressed to to that municipal authorities is desirous town fixing in which his residence. he The municipal bind him authorities by oath, which n shall he shall make, to eral abide Constitution, by and obey and that gen- State; to observe lated Religion by former; as stipu- and in a book ( shall register be kept for foreigners) that purpose, which his name and his those family, if he members has any, shall be set down; noting whence country he comes, from wher married or single, his employment; and he (99 )

6 100 Laws Colonization. having taken requisite oath, shall be considered nceforward, and not before that time, a fellow-citizen. ART rom very day in which any foreigner becomes a citizen, agreeably to preceding article, he may denounce any land belonging to State, and proper civil authority being under obligation passing to government, for its approbation, petition thus made on this subject, shall award it to him; as also to every native country, acting in conformity with laws on that subject. ART. 5.-The foreigners any nation and native Mexicans may undertake to form new settlements on lands belonging to nation, and even if belonging to individuals under circumstances stated in Art. 35; but new settlers, who may demand admission into nation, must prove, by certificate from authorities place from whence y came, that y are Christians, and also morality and propriety ir conduct. ART. 6.-Whatever foreigners shall arrive at a period at which sovereign general Congress shall have prohibited, as it may do after vear 1840, or previously as regards natives any one nation, shall not n be admitted: and all those who shall arrive within time allowed m, agreeably to this article, shall, neverless, be subjected to such measures for security federation as supreme government may adopt, regarding m without prejudice to object this law. ART. T.-The government shall take care that no settlement be made within 20 leagues boundaries United States North America, and 10 leagues along coast Gulf Mexico, except such as shall obtain sanction Supreme Government Union: for which purpose it shall forward to it every petition on that. head, made by Mexicans or foreigners, adding to it whatever remarks it may deem expedient. APE. 8.-All projects for establishing colonies, on which one or more persons may fer to bring, at ir own expense, 100 or more families, shall be presented to government, which, if it finds m agreeable to law, shall approve m, and immediately mark out to projectors lands which y are to occupy, and number years allowed m for presenting number families for which y have stipulated, under penalty forfeiting rights and benefits fered m in proportion to number families y shall omit to provide, and grant shall be wholly annulled should y not present, at least, 100 families. ART. 9.-This law guarantees all contracts made between projectors and families brought at ir expense, inasmuch as y are in conformity with its provisions. ART. 10.-In distribution lands a preference shall be given to military men, who, agreeably to documents granted by Supreme Executive Power, may have a right to m; and Mexican citizens not military men, amongst whom no or distinction shall be made than that which may be founded on individual merits, and services rendered country; or if no or difference exists, residence in parts where lands lie: dimensions divisions those lands will be designated in following articles. (100)

7 Laws Colonization. 101 ART A square land, which each side is one league 5,000 yards, or, what is precisely same, 25,000,000 yards surface, shall be named a lot, and this shall be considered as unity in counting one, two, or more lots: thus, also, unity in counting one, two, or more subdivisions shall be 1,000,000 yards surface, or a square 1,000 yards each side, which is measure one subdivision: yard used in se measurements shall be three geometrical feet. ART Supposing quantity land above stated to be unity, and a division land being made, when distributed into grazing lands and those adapted for tillage by means irrigation, or not requiring irrigation;-this law grants to such projector or projectors plans for colonization, for each 100 families which y convey, and establish in State, 5 lots grazing land, and 5 subdivisions, which at least one-half shall be arable land, not requiring irrigation;.but y shall only receive this premium for as many as 800 families, even if y should introduce a greater number; nor shall any fractional number, be it what it may, which does not amount to 100, give m a right to any recompense, even in proportion to its amount. ART. 13.-If any one or more projectors shall, on account families y have conveyed, obtain, agreeably to preceding article, more than 11 square leagues, whole land shall be granted to m, but y shall be under obligation selling surplus within 12 years; and should y neglect to do so, proper civil authorities shall do it, selling it at public auction, and delivering to m net proceeds, after deducting all expenses attending sale. ART. 14.-To each families included in a project colonization, whose sole occupation is cultivation land, one division land shall be given; should it also breed cattle, it shall receive also grazing land a sufficient quantity to complete one lot; and if it only breeds cattle, it shall have grazing land an extent 24,000,000 superficial yards. ART. 15.-Bachelors shall on marrying obtain a similar quantity, and those foreigners who marry Mexican women shall have one-fourth more;,but all those who are alone, or forming a part no family, wher v are Mexicans or foreigners, must content mselves with onefourth part above-mentioned portions, nor will any greater quantity be allowed to m, and allotments will be assigned to m in this proportion. ART. 16.-The families, and single men, who having performed journey at ir own expense may wish to join any new settlements, shall be permitted to do so at any time; and ir assignments lands shall be to each individual same as those mentioned in preceding articles; but if y do so within first 6 years establishment colony, one more subdivision shall be given to each family, and each bachelor, in lieu one-fourth which 15th Article designates, shall receive one-third part. ART. 17.-The government is empowered to augment assignment mentioned in 14th, 15th, and 16th Articles, in proportion to number persons in each family, and to industry and activity colonists, in conformity with information relative to those points conveyed by municipal authorities and commissioners; but (101)

8 102 Laws Colonization. goovernment must always bear in mind purport 12th Article decree General Congress on this point. ART Whatever families shall settle in conformity with 16th Article shall immediately present mselves to civil authorities settlement which y have selected, which on finding in m requisites which this law demands ill new settlers, shall admit and put m in possession lands to which y are entitled, and. immediately inform government, in order that it, or person whom it designates for this purpose, may give m title deeds. ART. 19.-The Indians all tribes on confines States,. as also those wandering tribes in it, shall be received in markets without demanding m any duties on account df traffic which y carry on in natural productions country; and, if thus induced by kindness and confidence any m should be desirous (previously making a declaration in favor religion and institu- 'tions) to establish mselves in any settlements which may be formed, y shall be admitted, and obtain same quantity land as. settlers mentioned in Articles 14 and 15; natives being always preferred to Indians coming from a foreign country. ART. 20.-In order that no lands may be left without possessors,. which will be most sedulously avoided when y are distributed, divisions will be made in squares or some or figures, although it be irregular, if situation requires it; and in above-mentioned distribution, as also in selection those in which new towns are to, be placed, owners adjacent lands shall be cited, in order to avoid disputes and contentions. ART. 21.-If, owing to any mistake in grant, any land previously belonging to an individual should be occupied, his claim being proved, any portion land wholly unclaimed shall be given to person who had obtained it: and, moreover, he shall be indemnified by occupant, agreeably to a just computation made by proper persons and agreeably to laws, for all his expenses and costs improvements which may be on it. ART. 22.-The new colonist shall, as a species acknowledgment,. pay to State for each lot pasture land, 30 dollars; 2½ for each subdivision arable land not irrigated, and 3- dollars for each one irrigated land, each in proportion to kind and quantity land which has been allotted to him; but payment those sums shall not be made in less than 6 years after ir settlement, and in 3 equal instalments, first at expiration fourth, ors at. expiration fifth and sixth years, under penalty forfeiting ir lands should y neglect payment any one se instalments: but projectors and military men, mentioned in 10th Article, are excepted, with regard to those lands which former have obtained as a recompense, and latter agreeably to documents given m by government. ART. 23.-The municipal authorities, each in its respective district, shall collect abovementioned sums gratis, by means a committee its own members or or persons, and shall deliver m as soon as collected to person who is depositary or treasurer its funds and receipts, and he shall give requisite receipt, and, with no or charge than that 21 per cent. which, and no more, will be allowed ( 102)

9 Laws Colonization. 103 him, will hold m at disposal government, informing it monthly receipts and disbursements, and any inattention and partiality in collection; public functionaries and individuals municipal authorities which have named m, shall be responsible with ir property for conduct person, and. committee, and in order that ir responsibility may be at all times positive, nominations shall be made by vote, naming each individual, and government shall be immediately acquainted with ir names. ART. 24.-The government shall sell to Mexicans, and ily to m, lands which y may be desirous purchasing, but shall not allow more than eleven lots to fall into hands one individual, and under express condition, that purchaser must cultivate lands which he obtains by thase means within 6 years, under penalty losing m: price each lot, in conformity with preceding Article, shall be 100 dollars for grazing, 150 for arable not watered, and 250 for irrigated lands. ART. 25.-Until 6 years after publication this law, Legislature State shall have no power to alter it, inasmuch as regards measurement lands, price to be paid for m, quantity and description those which are to be granted to new settlers, and sold to Mexicans. ART It shall be considered, that many settlers who within 6 years from date ir grant have hot cultivated or occupied according to its quality land which has been granted to m, have renounced ir rights, and proper civil authority shall resume grant and title deeds. ART. 27.-The projectors, and military men, whom previous mention has been made, and those who have purchased lands, can sell ir lands at any time, on condition that purchaser oblige himself to cultivate m within period in which original possessor ought to do so, including also time which y have been in his hands; or settlers may sell irs when y have cultivated m wholly, and not before that time. ART. 28.-Every new settler from very day his settlement can dispose his lands by will, made agreeably to present or n exist-' ing law, even although he has not cultivated m: and if he should die intestate, person or persons who inherit his property agreeably to laws, shall succeed to m under same obligations and conditions that he held m. Amr. 29.-The lands granted in virtue this law can on no account be allowed to pass into hands religious communities. ART. 30.-The new settler who shall determine on quitting State, in order to establish himself in a foreign country, shall be allowed so to do, toger with all his property, but in this case shall not retain his land, and if he has not previously sold it, or sale been effected agreeably to 27th Article, it shall be again considered as wholly belonging to State. ART. 31.-Those foreigners who agreeably to this law have obtained lands, and established mselves in se settlements, are considered from that moment as naturalized in country, and should y marry Mexican women will be considered to have established a meritorious claim to obtain rights citizenship State, except, (103)

10 104 Laws Colonization. however, in both instances cases provided for by enactments Constitution State. ART. 32.-During first 10 years, counting from day in which settlements are established, y shall be free from every contribution under whatever denomination, excepting such as in event invasion an enemy or in order to prevent it every citizen is subjected to, and produce and effects agriculture, and industry new settlers shall neir pay a duty on transit, or sale in markets, nor any or kind impost in any part State, excepting, indeed, dues referred to in following Article. At expiration abovementioned period new settlements shall bear same imposts as old settlements, and colonists those paid by or inhabitants State. ART. 33.-From very day ir establishment new settlers shall be at liberty to pursue every branch industry, as well as to work mines every description, previously coming to an agreement with Supreme Government Federation relative to those which belong to general revenues nation, subjecting mselves in working ors to ordinances and laws already established, or which may hereafter be established on this subject. ART. 34.-The towns shall be founded on spots deemed by government, or person it names for that purpose, most fitting, and for each m four leagues square shall be designated, which space shall be eir a regular or irregular shape, according to locality. ART. 35.-If any one or more abovementioned sites should be property an individual, and establishment new towns in m should be evident public utility, y shall neverless be destined to this purpose; an indemnification agreeably to decision arbitrators being previously given. ART The sites for houses in new towns shall be given gratis to projectors m, as also to artizans every description those which y may require for ir workshops, and y shall be sold to ors at public auction, an estimate value being previously made, on condition price being paid in three equal instalments, first iu six months, second in twelve, and third in eighteen; but every possessor sites, including projectors and artizans, shall pay yearly one dollar for each one that he holds, and this sum, as also product those sales, shall be collected by municipalities, and applied to purpose erecting a church in town. ART. 37.-At least, inasmuch as is possible, towns shall be composed natives, and foreigners, and in tracing m care shall be taken to give m most appropriate plan to preserve straightness streets, running in a parallel direction to each or from South to North, and East to West, in as much as ground may permit. ART. 38.-In order to place new towns more conveniently, to regulate ir plan, and exact division lands and sites, government, in consequence having admitted projects, and agreed with any projector or projectors who have presented it, shall commission a skilful confidential agent, giving him those instructions on subject which it may deem requisite and proper powers, in order that on his own responsibility he may name one or more land surveyors, who (104)

11 Laws Colonization. 105 may measure land scientifically, and perform whatever or duties may be required. ART. 39.-The government, agreeably to latest tarif notaries public old ordinance Mexico, shall designate to commissioner his salary, and he, with consent colonists, shall decide on dues payable to land surveyor or surveyors; but expenses both shall be paid by colonists mselves, and mode, and terms on which each payment shall be made, shall be arranged by an agreement between all parties. ART. 40.-As soon as at least 40 families are united, y shall proceed to formal establishment a new town, all binding mselves by oath, taken before commissioner, to observe general Constitution, and that State, and subsequently commissioner pre- :siding for this first time, shall proceed to election municipality. ART. 41.-The new town whose population amounts to 200 inhabitants shall elect a corporate body, if re be no or established within distance 8 leagues, but if re be one it shall be added to its jurisdiction; number members which corporation is to be composed shall be regulated agreeably to existing laws. ART. 42.-A reservation being made in favour all enactments Constitution State, foreign settlers are permitted to elect and be elected members municipal body. ART. 43.-Each corporate body shall propose to government, through medium chief civil authorities, a tarif municipal and or charges, accompanying a note revenues which it considers calculated to cover m, and if plan proposed should be approved by government, it shall order that it shall be carried into effect, without however in any way interfering with whatever Congress may determine, and it shall immediately be made acquainted with it, toger with opinion government, and abovementioned chief civil authority, who shall always forward his opinion on subject. ART. 44.-The government shall send to head that department those individuals who in or parts State may be sentenced to hard labour as vagrants or for or crimes, in order that y may be employed in making and repairing roads in Texas. These persons may also be employed in services individuals, who shall in that case pay m requisite daily allowance, and at expiration period for which y were condemned, y shall be allowed as settlers to join any net towns, and to obtain due quantity land, if by improvement ir conduct y shall, in opinion aforesaid chief civil department, have rendered mselves fit, but y shall not be admitted without his certificate. ART. 45.-The government, agreeably to an arrangement with proper ecclesiastical authorities, shall see that new. towns are provided with a proper number clergy, and agreeably to an arrangement with aforesaid authorities, shall propose to Congress salary which new settlers are to pay m. ART. 46.-As regards introduction slaves, new settlers shall obey laws already established, and which hereafter may be established on subject. ( 10 )

12 106 Laws Colonization ART. 47.-All petitions pending relative to matters which are subject this law, shall be decided in conformity with it, and for this purpose y shall be passed to government; and those families which are established within limits State, without having any land legally designated to m, shall be subjected to it; and those within 20 leagues boundaries United States North America, and 10 coast Gulf Mexico, shall obey dispositions made by Supreme government. ART. 48.-This law shall be published in all towns State;,and in order that it may come to knowledge those who compose federation, it shall be communicated to (by secretary this) ir respective Congresses, government being specially charged to pass a certified copy, agreeably to 161st Article Constitution, to 2 Chambers, and to Supreme Executive Power nation, toger with a request to latter, by means its envoys to foreign nations, it may be generally known. The ficiating governor State will make himself acquainted with this law, in order that it may be obeyed, causing it to be published and circulated. Given in town Saltillo, 24th March, (Signed) RAFAEL RAMOS Y VALDEZ, President. JUAN VICENTE CAPOS, JOSE JOAQUIN DE ARCE ROSALES, Deputies Secretaries. (106)