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Stephen F. Austin Autograph Manuscript Document Twice Signed in the Text. ...
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Description
"The Father of Texas" Stephen F. Austin Handwrites Foundational Text Authorizing the Condition of Settlement Within the Austin Colony
Stephen F. Austin Autograph Manuscript Document Twice Signed in
the Text. Two pages on one leaf, 8.25 x 13.375 inches, no
place; no date [circa 1825]. Docketed on verso. Housed in
custom portfolio and full morocco clamshell decorated in gilt."Conditions on which the Empresario Stephen F. Austin is authorized to Colonize 500 families within the limits of the Colony already established by him..."
Following the Mexican state of Coahulia y Tejas's passage of a state law implementing colonization in Texas in March 1825, Stephen F. Austin in his capacity as Empresario, penned this document outlining the conditions upon which 500 families were authorized to settle within his colony. The first three-fourths of page one is written in Austin's hand which has been emphasized below in bold. The remainder of the document was continued in an unknown hand, presumably by his secretary. It reads, in full:
"Conditions on which the Empresario Stephen F. Austin is authorized to Colonize 500 families within the limits of the Colony already established by him.
1. The Gov't admits the project for the colonization of 500 families, so far as is conformable with the colonization law paper'd by the Legislature of this State on the 4th of March of this year, and in conformity with the 8[th] article of said law designates the vacant land that remains within the limits of the Colony which he has already established, excepting the ten leagues from the coast which can only be in bound by the previous approbation of the Supreme Executive power of the nation agreed by to [illegible] to the law of the 18th of August 1824.
2. He shall respect the possessions given to Settlers who occupy any land under legitimate title within the limits designated.
3. In conformity with the stated law of Colonization of the 24th March the said Empresario Citizen Stephen F. Austin shall be obliged to introduce the said families within the term of 6 years Counting from the day in which these Conditions are signed by the said Empresario under the penalty of losing the rights and benefits granted to him by the 8th Article of the said Law.
4th The families which are to camp on this Colony besides being industrious as he offers in his petition must be Catholics, and of good Morals proving these qualifications by the documents required by the 5th Article of the said Law of Colonization of the 24th March.
5th He shall be obliged not to admit in the New Colony criminals, vagabonds or men of bad conduct or character and cause such as are within his limits to leave it and should it be necessary he shall drive them out by force of arms.
6th For this purpose he shall organize the new Colonists in a body of National Militia of which he shall be the Chief until otherwise ordered.
7th As soon as he shall have introduced 100 families at least he shall notify the Gov't thereof in order that a Commissioner may be sent on with the competent instructions to put the new Colonists in possession of their lands and to establish Towns in Conformity with the Law.
8th Official Communications with the Gov't, or with the Authorities of the State, instruments of writing and other public acts, must be written in Spanish, and when new Towns are formed it shall be his duty to Establish Spanish Schools in them.
9th It shall also be his duty to promote the erection of churches in said Towns and that they are provided with ornaments, holy vases and other things necessary for divine worship, and in the proper time to solicit the necessary number of Pastors for the Administration of Spiritual Affairs.
10th In all other cases not expressed in these Conditions he will subject himself to the provisions made in the Colonization Law and other general Laws."
Moses Austin traveled from Missouri to Spanish San Antonio in 1820 to apply for an empresarial grant to bring Anglo-American families to Texas. The Spanish governor at San Antonio gave tentative approval to Austin's plan, subject to review from his superiors, to bring 300 moral, hardworking Catholic families from the former Spanish territory of Louisiana. Moses became ill and died in June 1821, leaving the plan with his eldest son, Stephen F. Austin. Stephen traveled 300 miles from Arkansas to San Antonio with the intent to re-authorize his father's grant and arrived on August 12. While in transit, he learned Mexico had declared its independence from Spain and, as a result, that Texas had become a Mexican province rather than a Spanish territory. Upon returning to Texas in 1822, Austin discovered he must go to Mexico City to confirm the contract with the national government, even though his first settlers were on their way with only vague instructions about where to settle. Soon after he reached the capital, a coup established an empire, and the resulting turmoil delayed Austin's plans for a year. In April 1823, he finally received a contract under the Imperial Colonization Law which had been passed in January. Because the empire collapsed in April and the republic was reestablished, Austin's empresario contract was the only one issued under this law. The reinstated republican Congress immediately approved the imperial contract and Austin rushed back to Texas to establish his colony.
The Mexican government passed the General Colonization Law on August 18, 1824. It allowed foreigners to gain titles to land that was not within ten leagues of the coastline or within twenty leagues of the border of another country. The Coahuila y Tejas quickly passed a state law implementing the federal one in March 1825, which Austin refers to in the first paragraph, and the governor granted Austin's request to extend his settlement by an additional 500 families on May 20, 1825. By the end of the year, immigration to the colony had increased dramatically and the first Anglo-American colony in Texas was firmly established.
Condition: Professional repair to previous separations along horizontal folds; one separation crosses one of the signatures. Somewhat toned, chipped along old folds and edges with minor paper loss just affecting text. Dampstaining with light, scattered foxing and soiling.
Auction Info
2022 December 1 Historical Platinum Session Signature® Auction #6267 (go to Auction Home page)
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