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Description

A Decree Streeter Deemed "one of the fundamental laws relating to Texas"

Bando Issue of a Decree Passed on January 3, 1823 on Texas Colonization. Double folio bando printed on rectos of two joined sheets, 16.5" x 22.75", Mexico; January 7, 1823. The decree of the Junta Nacional Instituyente was passed on January 3, 1823, approved by Iturbide on January 4, and promulgated by Jose Manuel de Herrera on the same day.

The colonization law was first issued in Mexico on January 4, 1823, as a four-page printed folder. The bando issue was published three days later in this magnificent format, intended to be posted on public walls for the general populace. The bando issues of laws seldom survived, as they were intended to be discarded after public posting. Streeter mentions this bando issue, noting that Yale has a copy. Signed in type by Jose Antonio de Andrade adding his rubric, and in holograph by Andres Hurtado. Housed in a half tan leather and marbled board folding case measuring 9.25" x 13.5".

The law reads, in part, "1. The Government of the Mexican Nation will protect the liberty, propriety, and civil rights of all foreigners who profess their faith in the Apostolic Roman Catholic Religion, the only one in the Empire. 2. To facilitate the establishment of the colony, the Government will distribute lands under the terms and conditions expressed. 3. The empresarios, as they shall be known, who bring a minimum of two hundred families, must have previously signed a contract with the Government, and those two hundred families must inform the government of the industries to which they will dedicate themselves, the goods and resources that they will bring...so that the Government can direct them to the proper province, and decide with lands they should occupies, and any other factors that may be pertinent."

Streeter writes that the decree 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."

Citing the bando issue, Eberstadt writes that it is "a piece of first importance and great rarity.... The first issue is selected by Mr. Streeter in his Introduction as one of the ten outstanding items; the present bando, issued several days later, is apparently the rarer of the two."

Condition: Some very minor discoloration along center where sheets originally joined, creased at folds. Some ink pen and pencil notations to recto and verso.

References: Eberstadt Texas 162:437; Streeter 694.


Auction Info

Auction Dates
December, 2023
2nd Saturday
Bids + Registered Phone Bidders: 3
Lot Tracking Activity: N/A
Page Views: 317

Buyer's Premium per Lot:
25% on the first $300,000 (minimum $49), plus 20% of any amount between $300,000 and $3,000,000, plus 15% of any amount over $3,000,000 per lot.

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Sold on Dec 2, 2023 for: $32,500.00
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