Colonization Contract: Gen. Arthur G. Wavell.
Wavell was an English soldier of fortune and friend of Stephen F. Austin's.
March 9, 1826.Conditions by which is admitted the project of Citizen Arthur G. Wavell, Brigadier General of the armies of the Mexican Republic, relative to introducing four hundred and fifty families to colonize on lands of the Departmentof Texas, agreed upon and concluded with his Agent, the Baron de Bastrop.1st In accordance with the approval of the Supreme General Government, dated the 18th February ultimo, as appears by the documents, the Government of the State do admit the project presented by the party interested in the memorial preceding it, and more over the anterior requests, inasmuch as they are in conformity with the colonization law of the Hon: Congress of the State of the 24th March 1825, and the Sovereign decree of the 18thAugust 1824:–And therefore in fulfilment of the 8th Article of the colonizationlaw aforesaid, do designate the boundaries of the lands petitioned forby the following limits. –The line shall commence at the point at which the stream Sateh or Sulphur Fork unites with the Red River of Natchitoches, and run up the margin of the first mentioned to its source; from this pointa direct line shall start on a parallel with the aforesaid Red River and continue to the place where the River Kiamisch or Kamisech disembogues itself into the said Red River; and thence down the line by the margin of the said River to the point of beginning. 2d. All lands shall be respected which are the private property of individuals or communities, which with legal titles are found within the territory designated within the limitsaforesaid; and no lands can be occupied which have been lawfully acquiredby the "Sabano" or Shawanee Indians on the right side of the Red River of Natchitoches. 3d. In conformity with the colonization lawof the State, the Empresario Citzn Gen. Arthur G. Wavell is under the obligation to introduce the four hundred and fifty families offered, within the term of six years, which shall be counted from this day, under the penalty of losing the rights and privileges granted to him by said law. 4h. The families which are to compose this colony, besides being Catholics as is offered in his memorial of 5th August 1825, must be of good moral habits; - allof these qualifications to be proved by certificates of the authorities whence they come.– 5th. It shall be the duty of the Empresario neither to introduce into or permit in his colony, criminals, vagrants or men of bad conduct. He will make them leave the territory of the Republic when so found within his district, and in case of necessity, eject them by force.6th. To this end and for the security of the persons and property of the new colonists from the incursions of the Indians or any other class orkind of enemy, the national militia will organize itself conformably to law.– 7th Whenever one hundred families at least may be introduced, he will notify the Government thereof, to the end that a Commissioner be ordered to put the colonists in possession of their lands and establish the possessions according to law, for which purpose he will have competent instructions.–8th The official communications with the Government and with the authorities of the State, the documents and other public acts shall be written in the Castilian language and when the settlements may become formed it shallbe the care of the Empresario to establish schools of this language. 9th It shall also be his care to promote the erection of churches in the newsettlements; that these be provided with ornaments, sacred vases and other minutiae destined for the service of the Deity, and to solicit at a propertime the priests necessary for the administration of spiritual pastorage.10th In all that which is not expressed in this capitulation, the provisionsof the constitution, the general laws of the nation and the particular laws of the State shall be strictly observed. And His Excellency the Governorof the State and the Agent of the Empresario, having agreed to this present contract, they mutually bind themselves to its fulfilment: – which they signed before me the Secretary of the Government,–and the original being filed, a certified copy of the whole was ordered to be given to the party interested, for his own security.
Saltillo
March 9th 1826.
Ygnacio de Arispe. El Baron de Bastrop.
Juan Antonio Padilla, Secretary
1825 amended, is valid.—"punto" interlined, is valid.—"o Kamisech" interlined, is valid.—"mutuamente" amended, is valid.— A true copy of theoriginal on file in the archives of the Bureau in my charge to which Irefer, whence a copy was ordered to be taken by command of His Excellency the Governor Leona Vicario.21st May 1830
Santiago del Valle. Secretary
I, Thomas G. Western, Translator to the Commissioner of the General Land Office, duly commissioned and sworn according to law, certify that the foregoing is a just and true translation of the original authenticated copy of the original intrument.—The words "armies of the" interlined before signing.—City of Houston
January 29th AD. 1838.
Thomas G. Western
[Endorsed: Translation relative to Indians"]