USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 33
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Thirteenth. No person's particular services shall be demanded, nor property taken or applied to public use, unless by the con- sent of himself or representative, without just compensation being made therefor according to law.
Fourteenth. Every citizen shall have the right to bear arms in defence of himself and the republic. The military shall at all times and in all cases be subordinate to the civil power.
Fifteenth. The sure and certain defence of a free people is a well-regulated militia ; and it shall be the duty of the legislature to enact such laws as may be necessary to the organization of the militia of this republic.
Sixteenth. Treason against this republic shall consist only in levying war against it, or adhering to its enemies, giving them aid and support. No retrospective or ex post facto law, or laws impairing the obligations of contracts, shall be made.
Seventeenth. Perpetuities or monopolies are contrary to the genius of a free government, and shall not be allowed ; nor shall the laws of primogeniture or entailments ever be in force in this republic.
The foregoing constitution was unanimously adopted by the delegates of Texas, in convention assembled, at the town of Washington, on the seventeenth day of March, in the year of our Lord one thousand eight hundred and thirty-six, and of the inde- pendence of the republic the first.
In witness whereof we have hereunto subscribed our names.
RICHARD ELLIS,
President and Delegate from Red River.
C. B. Stewart
James Power
James Collinsworth
Sam Houston
Edwin Waller
J. Antonio Navaro
A. Brigham
William D. Lacy
John S. D. Byrom
William Menifee
Francis Ruis
John Fisher
John S. Roberts
Matthew Calwell
Robert Hamilton
William Motley
Collin MKinny Lorenzo de Zavella
A. HI. Latimore
George W. Smyth
Live .
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Stephen H. Everett
Sydny C. Pennington
Elijah Stepp
Samuel P. Carson
Claiborne West
Thomas J. Rusk
William B. Leates
₱
William C. Crawford
M. B. Menard
John Turner
A. B. Hardin
Benjamin Briggs Goodrich
John W. Bunton
James G. Swisher
Thomas J. Gazley
George W. Barnett
R. M. Coleman
Jesse Grimes
Sterling C. Robertson
E. O. Legrand
George C. Childress
David Thomas
Baily Hardiman
S. Rhodes Fisher
Robert Potter
John W. Bower
Charles Taylor
J. B. Woods
Edward Conrad
A. Briscoe
Martin Palmer
Thomas Barnett
James Gaines
Jesse B. Badgett
William Clark, Jun.
Stephen W. Blount
I do hereby certify that I have carefully compared the fore- going constitution, and find it to be a true copy from the original, filed in the archives of the convention.
Given under my hand this 17th day of March, 1836.
Attest.
H. S. KIMBLE,
Secretary of the Convention.
COLONIZATION LAW OF 1823.
Augustin, by Divine Providence, and by the congress of the nation, first constitutional emperor of Mexico, and grand master of the imperial order of Guadalupe, To all who shall see these presents, know ye, That the Junta Nacional Insti- tuyente of the Mexican empire has decreed, and we sanction the following :-
The Junta Nacional Instituyente of the Mexican empire being convinced by the urgent recommendations of the govern- ment, of the necessity and importance of giving to the empire a general law of colonization, have thought proper to decree as follow :-
ARTICLE 1. The government of the Mexican nation will protect the liberty, property, and civil rights of all foreigners who profess the Roman catholic apostolic religion, the established religion of the empire.
ART. 2. To facilitate their establishment the executive will
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distribute lands to them, under the conditions and terms herein expressed.
ART. 3. The empresarios, by whom is understood those who introduce at least two hundred families, shall previously contract with the executive, and inform it what branch of industry they propose to follow, the property or resources they intend to intro- duce for that purpose ; and any other particulars they may deem necessary, in order that with this necessary information the ex- ecutive may designate the province to which they must direct themselves ; the lands which they can occupy with the right of property, and the other circumstances which may be considered necessary.
ART. 4. Families who emigrate, not included in a contract, shall immediately present themselves to the ayuntamientos of the place where they wish to settle, in order that this body, in conformity with the instructions of the executive, may designate the lands corresponding to them, agreeably to the industry which they may establish.
ART. 5. The measurement of land shall 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, or more sitios ; five sitios shall compose one hacienda.
" ART. 6. In the distribution made by government, of lands to the colonists, for the formation of villages, towns, cities, and provinces, 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 cach side, which measurement shall be the unity for counting one, two, or more labors. These labors can be divided into halves and quarters, but not less.
ART. S. To the colonists whose occupation is farming, there cannot be given less than one labor ; and those whose occupation is stock raising, there cannot be given less than one sitio.
ART. 9. The government of itself, or by means of the autho- rities authorised for that purpose, can augment said portions of land as may be deemed proper, agrecably 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 remain in that state.
ART. 11. As one of the principal objeets of laws in free governments ought to be to approximate, so far as is possible, to
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an equal distribution of property, the government, taking into consideration the provisions of this law, will adopt measures for dividing out the lands, which may have accumulated in large portions, in the hands of individuals or corporations, and which are not cultivated, indemnifying the proprietors, for the just price of such lands to be fixed 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 in- habitants, 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 empire.
ART. 13. Care shall be taken in the formation of said new towns, 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 superfices 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 laws.
ART. 16. The government shall take care, in accord with the respective ecclesiastical 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 sup- port.
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. 18. 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 27th of March, 1821; and also those who served in the first epoch of the insurrection.
ART. 19. To each empresario who introduces and establishes families in any of the provinces designated for colonization 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 popu- lated and cultivated them in twelve years from the date of the concession. The premium cannot exceed nine haciendas and six labors, whatever may be the number of families he intro- duces.
ART. 20. At the end of twenty years the proprietors of the
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lands, acquired in virtue of the foregoing article, must alienate two-thirds part of said lands, either by sale, donation, or in any other manner he pleases. The law authorizes him to hold in full property and 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 day of the promulgation of this law, the executive can diminish the premium as it may deem proper, giving an account thereof to congress, with such information as may be deemed necessary.
ART. 22. The date of the concession for lands constitutes an inviolable law for the right of property and legal ownership. Should any one, through error or by subsequent concession, oc- cupy land belonging to another, he shall have no right to it, fur- ther than a preference in case of sale, at the current price.
ART. 23. If after two years from the date of the concession the colonist should not have cultivated his land, the right of pro- perty shall be considered as renounced, in which case the respec- tive ayuntamiento can grant it to another.
ART. 21. During the first six years from the date of the con- cession, the colonists shall not pay tithes, duties on their pro- duce, nor any contribution under whatever name it may be called.
ART. 25. The next six years from the same date they shall pay half tithes, and the half of the contributions, whether direct or indirect, that are paid by the other citizens of the empire. After this time, they shall, in all things relating to taxes and contributions, be placed on the same footing with the other citi- zens.
ART. 26. All the instruments of husbandry, machinery, and other utensils, that are introduced by the colonists for their use, at the time of their coming to the empire, shall be free, as also the merchandize introduced by 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 exer- cise any useful profession or industry by which, at the end of three years, they have a capital to support themselves with de- cency, and are married. Those who with the foregoing qualifica- tions marry Mexicans will acquire particular merit for the obtain- ing letters of citizenship.
ART. 28. Congress will grant letters of citizenship to those who solicit them in conformity with the constitution of the em- pirc.
ART. 29. Every individual shall be free to leave the empire, and can alienate the lands over which he may have acquired the right of property, agreeably to the tenor of this law, and he can
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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 em- pire. The children of slaves born in the empire shall be free at fourteen years of age.
ART. 31. All foreigners who may have established themselves 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 by the tenor of this law in the distribution of said lands.
ART. 32. The executive, as it may conceive necessary, will sell or lease 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 inde- pendence of the empire.
JUAN FRANCISCO, bishop of Durango, president. ANTONIO DE MIER, member and secretary. JUAN BAPTISTA DE ARIOPE, member and secretary.
Therefore we order all tribunals, judges, chiefs, governors, and all other authorities, as well civil, as military, and ecclesi- astical, of whatever class or dignity they may be, to comply with this decree, and cause it to be complied with, in all its parts, and you will cause it to be printed, published, and circulated.
Given in Mexico, 4th January, 1823.
Signed by the Emperor.
To Don Jose Manuel de Herrera, Minister of
Interior and Exterior Relations.
NATIONAL COLONIZATION LAW.
THE supreme executive power, provisionally appointed by the general sovereign constituent congress-To all who shall see and understand these presents ; know ye, that the said congress has decreed as follows : ---
ARTICLE 1. The Mexican nation offers to foreigners, who come to establish themselves within its territory, security for their persons and property, provided they subject themselves to the laws of the country.
ART. 2. This law comprehends those lands of the nation, not the property of individuals, corporations, or towns, which can be colonized.
ART. 3. For this purpose the legislatures of all the states will, as soon as possible, form colonization laws, or regulations,
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for their respective states, conforming themselves in all things to the constitutional act, general constitution, and the regulations established in this law.
ART. 4. There cannot be colonized any lands comprehended within twenty leagues of the limits of any foreign nation, nor within ten leagues of the coasts, without the previous approbation of the general supreme executive power.
ART. 5. If, for the defence and security of the nation, the federal government should deem it necessary to use any portion of these lands for the construction of warehouses, arsenals, or other public cdifices, they can do so, with the approbation of the general congress, or in its recess, of the council of govern- ment.
ART. 6. Until after four years from the publication of this law there shall not be imposed any tax whatever on the entrance of the persons of foreigners who come to establish themselves for the first time in the nation.
ART. 7. Until after the year 1840 the general congress shall not prohibit the entrance of any foreigner as a colonist, unless imperious circunstances should require it, with respect to the in- dividuals of a particular nation.
ART. S. The government, without prejudicing the objects of this law, shall take such precautionary measures as it may deem expedient for the security of the confederation, as respects the fo- reigners who come to colonize.
ART. 9. A preference shall be given in the distribution of lands to Mexican citizens, and no other distinction shall be made in regard to them, except that which is founded on individual merit, or services rendered the country, or under equal circum- stances a residence in the place where the lands to be distributed are situated.
ART. 10. The military, who, in virtue of the offer made on the 27th March, 1821, have a right to lands, shall be attended to by the states in conformity with the diplomas which are issued to that effect by the supreme executive power.
ART. 11. If in virtue of the decree alluded to in the last article, and taking into view the probabilities of life, the supreme execu- tive power should deem it expedient to alienate any portion of land in favour of any officer, whether civil or military, of the federation, it can do so from the vacant lands of the territories.
ART. 12. It shall not be permitted to unite in the same hands with the right of property more than one league square of land! suitable for irrigation, four square leagues in superficies of arable land without the facilities of irrigation, and six square leagues in superficies of grazing land.
ART. 13. The new colonists shall not transfer their property in mortmain (manus muertos).
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ART. 14. This law guarantees the contracts which the empre- sarios make with the families which they bring at their own ex- pense, provided they are not contrary to the laws.
ART. 15. No person who, by virtue of this law acquires a title to lands, shall hold them if he is domiciliated out of the limits of the republic.
ART. 16. The government, in conformity with the provisions established in this law, will proceed to colonize the territories of the republic.
Mexico, 18th August, 1821.
CAYETANO IBARRA, President. PEDRO DE AHUMADA, Member and Secretary,
Therefore we command it to be printed, circulated, and obeyed. NICOLAS BRAVO, VICENTE GUERRERO, Members of the Supreme
MIGUEL DOMINGUEZ, Executive Power.
COLONIZATION LAW OF THE STATE OF COAHUILA AND TEXAS.
The governor provisionally appointed by the sovereign congress of this state,-To all who shall see these presents, know-that the said congress have decreed as follows :--
Decree No. 16. The constituent congress of the free, independent, and sovereign state of Coahuila and Texas, desiring by every possible means to augment the population of its territory, pro- mote the cultivation of its fertile lands, the raising and multi- plication of stock, and the progress of the arts and com- merce, and being governed by the constitutional act, the federal constitution, and the basis established by the national decree of the general congress, No. 72, have thought proper to decree the following law of colonization : ---
ART. 1. All foreigners, who in virtue of the general law of the 18th Angust, 1824, which guarantees the security of their per- sons and property in the territory of the Mexican nation, wish to remove to any of the settlements of the state of Coahuila and Texas, are at liberty to do so ; and the said state invites and calls them.
ART. 2. Those who do so, instead of being incommoded, shall be admitted by the local authorities of said settlements, who shall freely permit them to pursue any branch of industry that they may think proper, provided they respect the general laws of the nation, and those of the state.
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ART. 3. Any foreigner already in the limits of the state of Coahuila and Texas, who wishes to settle himself in it, shall make a declaration to that effect before the ayuntamiento of the place, which he selects as his residence ; the ayuntamiento in such case shall administer to him the oath, which he must take to obey the federal and state constitutions, and observe the religion which the former prescribes ; the name of the person and his family, if he has any, shall then be registered in a book kept for that pur- pose, with a statement of where he was born, and whence from, his age, whether married, occupation, and that he has taken the oath prescribed, and considering him from that time, and not before, as domiciliated.
ART. 4. From the day in which any foreigner has been enrolled as an inhabitant, in conformity with the foregoing article, he is at liberty to designate any vacant land, and the respective political authority will grant it to him in the same manner as to a native of the country in conformity with the existing laws of the nation, under the condition that the proceedings shall be passed to the government for its approbation.
ART. 5. Foreigners of any nation, or a native of any of the Mexican states, can project the formation of new towns on any lands entirely vacant, or even on those of an individual in the case mentioned in 35th article ; but the new settlers who present themselves for admission must prove their Christianity, morality, and good habits, by a certificate from the authorities where they formerly resided.
ART. 6. Foreigners who emigrate at the time in which the general sovereign congress may have prohibited their entrance for the purpose of colonizing, as they have the power to do, after the year 1810, or previous to that thue, as respects those of any particular nation, shall not then be admitted ; and those who apply in proper time shall always subject themselves to such pre- cantionary measures of national security which the supreme government, without prejudicing the object of this law, may think proper to adopt relative to them.
ART. 7. The government shall take care that within the twenty leagues bordering on the limits of the United States of the North, and ten leagues in a straight line from the coast of the Gulf of Mexico, within the limits of this state, there shall be no other settlements except such as merit the approbation of the supreme government of the Union, for which object, all petitions on the subjeet, whether made by Mexicans or foreigners, shall be passed to the superior goverment, accompanied by a corresponding report.
ART. S. The projects for new settlements, in which one or more persons offer to bring at their expense one hundred or more familes, shall be presented to the government, and if found con-
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formable with this law they will be admitted : and the govern- ment will immediately designate to the contractors the land where they are to establish themselves, and the term of six years, within which they must present the number of families they contracted for, under the penalty of losing the rights and privileges offered in their favour, in proportion to the number of families which they fail to introduce, and the contract totally annulled if they do not bring at least one hundred families.
ART. 9. Contracts made by the contractors or undertakers, empresarios, with the families brought at their expense, are gua- ranteed by this law, so far as they are conformable with its pro- visions.
ART. 10. In the distribution of lands, a preference shall be given to the military entitled to them, by the diplomas issued by the supreme executive power, and to Mexican citizens who are not military, among whom there shall be no other distinction than that founded on their individual merit, or services performed for the country, or in equal circumstances, a residence in the place where the land may be situated ; the quantity of land which may be granted is designated in the following articles.
ART. 11. A square of land, which on each side has one league or five thousand varas, or what is the same thing, a superficies of twenty-five million varas, shall be called a sitio; and this shall be the unity for counting one, two, or more sitios; and also the unity for counting one, two, or more labors, shall be one million square varas, or one thousand varas on each side, which shall compose a labor. The vara for this measurement shall be three geometrical feet.
Anr. 12. Taking the above unity as a basis, and observing the distinction which must be made between grazing land, or that which is proper for raising of stock, and farming land, with or without the facility of irrigation, this law grants to the contractor or contractors for the establishment of a new settlement, for cach hundred families which he may introduce and establish in the state, five sitios of grazing land, and five labors, at least the one- half of which, shall be without the facility of irrigation ; but they can only receive this premium for eight hundred families, although a greater number should be introduced, and no fraction whatever less than one hundred shall entititle them to any premium, not even proportionally.
ART. 13. Should any contractor or contractors in virtue of the number of families which he may have introduced, acquire, in con- formity with the last article, more than cleven square leagues of land, it shall nevertheless be granted, but subject to the condi- tion of alienating the excess, within twelve years ; and if it is not done, the respective political authority shall do it, by selling
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it at public sale, delivering the proceeds to the owners, after deducting the costs of sale,
ART. 11. To each family comprehended in a contract, whose sole occupation is cultivation of land, one labor shall be given ; should he also be a stock raiser, grazing land shall be added to complete a sitio, and should his only occupation be raising of stock, he shall only receive a superficies of grazing land equal to twenty-four million square bars,
ART, 15. Unmarried men shall receive the same quantity when they enter the matrimonial state, and foreigners who marry native Mexicans, shall receive one-fourth more; those who are entirely single, or do not form a part of some family, whether foreigners or natives, shall content themselves with the fourth part of the above-mentioned quantity, which is all that can be given them until they marry.
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