[Texas]. [Mexico]

Primera Secretaria de Estado. Seccion de Gobierno. S. M. el Emperador Se Ha Servido Dirigirme el Decreto Que Sigue. "Agustin, por la Divina Providencia y por el Congreso de la Nacion... La Junta Nacional Instituyente del Imperio Mexicano, Penetrada de la Necesidad e Importancia de Dar al Imperio una Ley General de Colonizacion, y en Virtud de las Urgentes Excitaciones del Gobierno, Ha Tenido a Bien Decretar y Decreta..." [caption title and first lines of text]

Mexico City: January 3, 1823. [4]pp., on a bifolium. Previously folded; removed from a bound volume, with three stab holes at gutter fold. A couple of additional tiny perforations at inner margin. Minor edge wear; light foxing and dust soiling. Contemporary manuscript signatures and docketing on final leaf verso. In an embossed and gilt tooled full calf folder. Very good. Item #3500

The first printing of the first Imperial Colonization Law in Mexico, from which sprang authorization by the new national government for Stephen F. Austin's first Texas colony in 1823. Moses Austin had originally been granted permission to settle three hundred families in Texas by the nationalist provincial government there in 1821, but his death and the disorder surrounding the independence of Mexico in the same year forced Stephen F. Austin to travel to Mexico City in 1822 in order to reobtain permission for the settlement from the Mexican government. The present law, authorized by Iturbide in late 1822 and passed by his Congress on January 3, 1823, governed general colonization in the new country and was used by the self-proclaimed Emperor to issue a decree on February 18 that officially authorized Austin's colony. Although Iturbide abdicated one month later and the law was annulled, the provisional government that succeeded him ruled that Austin could still bring his settlers to Texas under its provisions.

"This law invited Catholic immigrants to settle in Mexico; provided for the employment of agents, called empresarios, to introduce families in units of 200; defined the land measurement in terms of labores (177 acres each), leagues or sitios (4,428 acres), and haciendas (five leagues each); and defined the privileges and certain limitations of immigrants and empresarios. Families who farmed were promised at least a labor of land, those who raised cattle, a league, those who both farmed and raised cattle, a labor and a league. Settlers were free of tithes and other taxes for six years and subject only to half payments for another six years; families might import 'merchandise' free of duty and tools and materials for their own use to the value of $2,000; and settlers became automatically naturalized citizens upon residence of three years, if married and self-supporting. An empresario might receive premium lands to the amount of three haciendas and two labors (roughly 66,774 acres) for settling 200 families. Total premiums and permanent holdings of empresarios were limited. Article 30 of the law, by inference, permitted immigrants to bring slaves into the empire but declared children of slaves born in Mexican territory free at the age of fourteen and prohibited domestic slave trading, a limitation that was sometimes evaded" - Handbook of Texas.

"This general colonization law is one of the fundamental laws relating to Texas. Acting under it, Iturbide issued his decree of February 18, 1823, granting Austin's petition to establish his first colony, and though shortly afterwards Iturbide was overthrown, the new Congress on April 11, 1823, authorized the new government, the Supreme Executive Power, to confirm the decree of February 18th and then suspended any further action under the colonization law of January 4. On April 14 the decree of February 18th was confirmed and a few days later Austin began his trip back to Texas" - Streeter.

This example was received and copied by the local government in Tuxtla Gutierrez, the capital of Chiapas, on February 1, 1823, and is docketed as such on the final page. Streeter located four copies, including his own copy now at Yale, to which OCLC adds no other examples. The present copy is one of two to appear in available auction records; this firm has handled both. One of the foundation stones of Texas and an extremely rare decree.
Streeter Texas 694. TSHA Handbook of Texas (online).

Price: $25,000.00