The Colonization Law of August 18, 1824 was a Mexican statute allowing foreigners to immigrate to the country.
Background
Under Spanish rule,
New Spain
New Spain, officially the Viceroyalty of New Spain ( es, Virreinato de Nueva España, ), or Kingdom of New Spain, was an integral territorial entity of the Spanish Empire, established by Habsburg Spain during the Spanish colonization of the Am ...
was populated almost solely with native peoples or Spanish settlers. Foreign immigration was forbidden for much of the country. Few settlers chose to journey to the economically stagnant northern frontier, leaving provinces like
Spanish Texas
Spanish Texas was one of the interior provinces of the colonial Viceroyalty of New Spain from 1690 until 1821. The term "interior provinces" first appeared in 1712, as an expression meaning "far away" provinces. It was only in 1776 that a lega ...
and
Alta California
Alta California ('Upper California'), also known as ('New California') among other names, was a province of New Spain, formally established in 1804. Along with the Baja California peninsula, it had previously comprised the province of , but ...
chronically underpopulated.
[ Despite multiple efforts to increase the population along the frontier, by 1821 there were only 3,200 settlers in Alta California, and only 2,500 in Texas.
In 1819, after the United States abandoned its claims to Texas, Spain implemented a new immigration policy. In January 1821, Spanish authorities gave ]Moses Austin
Moses Austin (October 4, 1761 – June 10, 1821) was an American businessman and pioneer who played a large part in the development of the lead industry in the early United States. He was the father of Stephen F. Austin, one of the earliest ...
, a former Spanish subject from Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, a land grant and permission to bring families from Louisiana to Texas. Austin died before bringing any families.[Weber, p. 160.] Several months later, at the urging of Mexican delegates, the Spanish Cortes
The Cortes Generales (; en, Spanish Parliament, lit=General Courts) are the bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house), and the Senate (the upper house).
The Congress of Deputies meets i ...
granted permission for foreigners to live on public lands along the northern frontier of the colony.[Weber, p. 161.] The lack of a formal policy had not stopped many immigrants – a number of people had left the United States to settle in the Mexican northern provinces. Local officials were not eager to expel potentially productive settlers who could help improve the colonies, and the squatters were generally left alone.[
Shortly thereafter, ]Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
gained independence from Spain. The new country was very sparsely populated. Approximately 6.2 million people lived in an area that spanned from what is now the United States state of Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
to what is now Guatemala
Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
. Almost 10% of the population – primarily young men – had been killed during the Mexican War of Independence
The Mexican War of Independence ( es, Guerra de Independencia de México, links=no, 16 September 1810 – 27 September 1821) was an armed conflict and political process resulting in Mexico's independence from Spain. It was not a single, co ...
, leaving the young nation with a shortage of laborers.[Weber, p. 159.]
Many Mexicans believed that a new method for increasing population along the frontiers was necessary.[ The sparse settlements were vulnerable to attacks from native tribes and for encroachment by foreign powers. The most vulnerable was Texas; early in 1821 the town of ]Goliad
Goliad ( ) is a city in Goliad County, Texas, United States. It is known for the 1836 Goliad massacre during the Texas Revolution. It had a population of 1,620 at the 2020 census. Founded on the San Antonio River, it is the county seat of Gol ...
had been captured by American filibusters as part of the Long Expedition
The Long Expedition was an 1819 attempt to take control of Spanish Texas by filibusters. It was led by James Long and successfully established a small independent government, known as the ''Republic of Texas'' (distinct from the later Repub ...
.[ By 1823, approximately 3,000 Americans from the United States were living illegally in Texas. The roughly 200 Mexican troops garrisoned in the province were unable to effectively patrol the borders to keep out additional squatters, nor were they powerful enough to evict the squatters already there. Proponents of ]immigration reform
Immigration reform is change to the current immigration policy of a country. In its strict definition, ''reform'' means "to change into an improved form or condition, by amending or removing faults or abuses". In the political sense, "immigration ...
argued that legalizing these settlers would help to turn their loyalty towards Mexico.[
Some believed that their own countrymen were not suitable colonists, and most agreed that the system of missions and presidios did not work well for settling the frontiers.][Weber, p. 158.] Mexican liberals argued in favor of allowing foreigners to immigrate. This would satisfy multiple objectives, including promoting economic growth, increasing the number of males available to defend the country, and bringing new capital and skills into the country to replace those lost when many Spaniards were expelled or chose to leave the country. Proponents of immigration pointed to the United States' population growth, attributed largely to immigration. Opponents cautioned that there may be difficulties in attracting settlers and later assimilating them to Mexican mores.[
Emperor Agustin I of Mexico made colonization a priority for his administration. He appointed a government commission, headed by ]Juan Francisco Azcárate y Ledesma
Juan Francisco Azcárate y Lezama (1767, Mexico City – January 31, 1831, Mexico City) was a lawyer, a Mexico City councilman, and a leader of the movement for Mexican independence from Spain.
Azcárate y Ledesma, born in Mexico City, was a C ...
, to recommend a plan. The commission recommended following the precedent of the earlier Spanish law and allowing foreign settlers to help colonize Coahuila
Coahuila (), formally Coahuila de Zaragoza (), officially the Free and Sovereign State of Coahuila de Zaragoza ( es, Estado Libre y Soberano de Coahuila de Zaragoza), is one of the 32 states of Mexico.
Coahuila borders the Mexican states of N ...
, Nuevo Santander
Nuevo Santander (New Santander) was a region of the Viceroyalty of New Spain, covering the modern Mexican state of Tamaulipas and extending into modern-day southern Texas in the United States. A history of Texas, commissioned by the U.S. governme ...
, Baja California
Baja California (; 'Lower California'), officially the Free and Sovereign State of Baja California ( es, Estado Libre y Soberano de Baja California), is a state in Mexico. It is the northernmost and westernmost of the 32 federal entities of Mex ...
, Alta California, New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe
, LargestCity = Albuquerque
, LargestMetro = Tiguex
, OfficialLang = None
, Languages = English, Spanish ( New Mexican), Navajo, Ker ...
, and Texas. The proposal suggested that Europeans and American citizens be recruited for most of the states and provinces, although for California they instead recommended sending Mexican convicts and recruiting Chinese settlers.[
Iturbide's primary concern was stabilizing the new government, and the Imperial Colonization Law was not signed until February 18, 1823. Iturbide was overthrown a month later, and the law was annulled shortly thereafter.][Weber, p. 162.] During its brief existence, a few land grants were awarded to empresario
An empresario () was a person who had been granted the right to settle on land in exchange for recruiting and taking responsibility for settling the eastern areas of Coahuila y Tejas in the early nineteenth century. The word in Spanish for entrep ...
s who agreed to settle a number of families. One went to Stephen F. Austin
Stephen Fuller Austin (November 3, 1793 – December 27, 1836) was an American-born empresario. Known as the "Father of Texas" and the founder of Anglo Texas,Hatch (1999), p. 43. he led the second and, ultimately, the successful colonization ...
, son of Moses Austin, and another to Martin de Leon Martin may refer to:
Places
* Martin City (disambiguation)
* Martin County (disambiguation)
* Martin Township (disambiguation)
Antarctica
* Martin Peninsula, Marie Byrd Land
* Port Martin, Adelie Land
* Point Martin, South Orkney Islands
Austral ...
.[Weber, pp. 164–165.]
Details
On August 18, 1824, the new Mexican government passed the General Colonization Law. This statute allowed foreigners to gain title to land that was not within 20 leagues of the border of another country or within 10 leagues of the coast. Settlers would be exempt from taxes for ten years.[
Most individuals were restricted to a total of 11 square leagues of land ().][ Of them, 6 square leagues could be of quality for grazing animals, 1 square league could be irrigable land, and 4 square leagues could be non-irrigable.][Menchaca, p. 182.] New towns would be given an additional 4 leagues of land for public use.[Menchaca, p. 181.] Empresarios were granted more personal land. For every 100 families settled, the empresario could receive 5 ''sitios'' of grazing land and 5 ''labores'' of farmland.[Weber, p. 163.]
The law did not require settlers to be Mexican citizens although citizens were given preference in land grants, and it did not require that the settlers convert to Catholicism. However, federal laws prohibited all religions except Catholicism.[
Land would be granted from available public land. Spanish custom had allowed residents continuing use of their land as long as there was no challenge to ownership.][Menchaca, p. 183.] The new law allowed residents, including Christianized natives, to claim title to any land they inhabited, cultivated, or used for grazing.[Menchaca, p. 181.]
Each state was to have administrators to survey land, confirm land titles, and settle disputes. Missionaries were tasked with helping the native tribes to understand the process.[ Governors were to organize and to preside over land commissions to review and to finalize the land titles.][
]
Results and modifications
The process for gaining an official land title was expensive and time-consuming, and many residents chose not to have the land surveyed or complete the application process. Because residents had not sought the legal protection, however, some empresarios claimed land that had long been inhabited, which forced the existing residents from their homes.[Menchaca, p. 183.] Many of the traditional hunting grounds of the native tribes were considered public land and given to empresarios to settle foreigners.[
Many Americans immigrated to Mexico, where land was cheaper. By 1830, Texas had a population of 7,000 foreign-born residents, with only 3,000 Mexican nationals.
The new population was not fully assimilated. Many immigrants settled in the eastern part of Texas and were isolated from the established Mexican towns. The attitudes of the immigrants culminated in the ]Fredonian Rebellion
The Fredonian Rebellion (December 21, 1826 – January 31, 1827) was the first attempt by Anglo settlers in Texas to secede from Mexico. The settlers, led by Empresario Haden Edwards, declared independence from Mexican Texas and created the R ...
's failed secession attempt in 1827, which alarmed Mexican officials.[Weber, p. 166.]
The Law of April 6, 1830 The Law of April 6, 1830 was issued because of the Mier y Terán Report to counter concerns that Mexican Texas, part of the border state of Coahuila y Tejas was in danger of being annexed by the United States. Immigration of United States citizens h ...
rescinded all empresario contracts that had not been completed, and it prohibited Americans from settling in any Mexican territory adjacent to the United States. Secretary of State Lucas Alamán
Lucas Ignacio Alamán y Escalada ( Guanajuato, New Spain, October 18, 1792 – Mexico City, Mexico, June 2, 1853) was a Mexican scientist, conservative statesman, historian, and writer. He came from an elite Guanajuato family and was well-tra ...
, who wrote the 1830 law, stated, "Texas will be lost for this Republic if adequate measures to save it are not taken.... Where others send invading armies... he Americanssend their colonists."[Weber, p. 170.]
In 1836, federal officials rescinded the provision allowing governors to preside over land commissions. Although most governors were honest, in Arizona and California some were land speculators who seized land illegally and gave it to their friends and relatives. The updated rules forbade anyone who was not a federal official from issuing the patent.[
]
See also
* Law of April 6, 1830 The Law of April 6, 1830 was issued because of the Mier y Terán Report to counter concerns that Mexican Texas, part of the border state of Coahuila y Tejas was in danger of being annexed by the United States. Immigration of United States citizens h ...
* Immigration to Mexico
Immigration to Mexico has been important in shaping the country's demographics. Since the early sixteenth century with the arrival of the Spanish, Mexico has received immigrants from Europe, Africa, the Americas (particularly the United States a ...
* Illegal immigration to Mexico Illegal immigration in Mexico has occurred at various times throughout history, especially in the 1830s and since the 1970s. Although the number of deportations is declining with 61,034 registered cases in 2011, the Mexican government documented ove ...
References
Sources
*
*{{citation, last=Weber, first=David J., author-link=David J. Weber, title=The Mexican frontier, 1821-1846: the American Southwest under Mexico, year=1982, publisher=University of New Mexico Press
The University of New Mexico Press (UNMP) is a university press at the University of New Mexico. It was founded in 1929 and published pamphlets for the university in its early years before expanding into quarterlies and books. Its administrative ...
, isbn=978-0-8263-0603-6
1824 in law
1824 in Mexico
1824 in Texas
Mexican immigration law
Immigration to Mexico
Legal history of Mexico
Legal history of Texas
Mexican Texas
Settlement schemes