Stephen F Austin to Warren Buford, 05-xx-1825
Summary: Summary of the colonization law and other terms of settlement.
[May—, 1825?]
You state that a number of your neighbors and friends from the Attackapas and Oppelusas wish to remove to this Colony and have requested of me to inform you on what terms they can be recd the quantity of land that will be allowed them etc in answer to which enquiry I have to inform you
1—I am authorised by the Government as a Contractor (Empresario) to introduce and settle five hundred families on the waters of the Brazos and Colorado rivers including also the East side of La Baca and the West side of San Jacinto from the upper or San Antonio road to within ten Leagues of the Sea Coast, no new grants of upland can be made nearer than that distance from the Coast.
2—The 5th Article of the law of Colonization declares that all
new settlers shall prove their Christianity morality and general
characters by certificates from the authorities of the place where they
moved from. If these certificates are satisfactory they will be recd
and if not they will be rejected, for the law, contemplates and the
instructions of the Government strictly enjoin that none but men of
integrity, Sobriety and industry should be permitted to settle in the
country— Criminals, fugitives from justice and notorious
vagabonds proven to be such are ordered to be driven from the State by
military force or otherwise punis[hed] for having imposed or
attempted to impose them[selves] on the Govt, for honest and
industrious men.
2—The 11th article of the same law says that " a Square of land
which measures one League or five thousand varas (Mexican yards)
on each side, or what is the same thing a Superficie of 25,000,000
Square varas shall be called a Sitio and this shall be the unit for
counting one two or more Sitios, and the unity for counting one two
or more labors shall be a Superficie of one million Square varas, or
one thousand varas on each side which shall compose a labor of land
3—The 14 article of the same law says that " to each family whose " only occupation is cultivating the earth (labrar la tierra) there " shall be granted one labor, if he is also a Stock raiser there may be " added one Sitio of land proper for raising stock, and if he is only " a Stock raiser he can only have a Superficie of Said Stock land of " 24,000,000 square varas
4—The 15 Article provides that Single men shall only receive the
fourth part of what is allowed by the 14 article for married men—
5—The 17 article provides that on the recommendation of the Commissioner the Government can augment the quantity of land above designated in proportion to the size of the family, capital and enterprise of the Settler, but in no instance to exceed Eleven leagues.
6—The said law also says that the Commissioner appointed by the
Govt, shall employ Surveyors and lay of the land for such settlers as
are recd by the Contractor (Empresario) and returned to him as
settlers, and that he shall issue to each one of them a complete title
for his land in the name of the Government—The expences of
Surveying—the Commissioners and other office fees and thirty dollars
on each league to the Government must be paid by the settler— the
30 Dollars pr. league to the Govt, is to be paid in three instalments
the first four years the 2d. five years and the 3d. 6 years after the
date of the Grant, the amount of the Surveying fees will depend
on the contracts made by the Commissioner with the Surveyors—
heretofore a fraction more than three dollars pr. english mile has
been given, these fees must be paid when the title is recd as the
Commissioner has not yet arrived I cannot state what his fees or the
other expences will be, tho I will insure that all the expences including
Government, Commissioners, and all other fees and surveying will
not exceed 12 1/2 cents pr. english acre if so much and but a small part
of that will be required down I have hereto fore never rejected any
man as a settler because he had not the means of paying the expences
on his land in such cases I have on my own responsability allowed
time for the settler to make his payments even the surveying fees—
in many instances of this nature I have been deceived and suffered
a total loss, this will compel me to be more particular in future,
tho as a genl, rule no settler who has a family and satisfactorily
proves his integrity Sobriety and industry and who has been reduced
by misfortunes, will be rejected by me no matter how poor he may
be A settler on his arrival here presents himself to me with his
credentials of character, if these are satisfactory a register is made
of his name, where he moved from whether married or single— the
number ages and sexes of his family: the oath prescribed by law
is then administered to support the constitution and no one can get
a title to land untill he has actually removed to the Country. Six
years is allowed to improve and settle the land, and anyone who
moves out of the country forfeits his land unless he had sold it—
and if he sells it without improving it as the law requires the sale is
void and the land reverts to Govt, but every one who has improved
his land can sell it and leave the country and the sale is good
provided it is made before he moves away.
[Stephen F. Austin.]