make the necessary preparations, he visited San Antonio, the capital of the province. He was at first coldly received by Governor Martinez, and even ordered to leave the province under pain of arrest. While crossing the plaza, after leaving the governor's office, Austin fortunately met Baron de Bastrop, with whom he had previously formed an acquaintance. Bastrop, who was one of the Alcaldes of the municipality, at once espoused the cause of Austin; and through his influence, the governor was induced to give the colonial project his sanction. With the aid of De Bastrop, Austin succeeded in getting the signatures of all the officials of the city to his application, which was forwarded to Arrendondo, the commander of the eastern internal provinces. Not doubting the success of his application, Austin returned to Missouri to make arrangements to introduce his colonists. He was much exposed, and suffered many hardships in his return journey; he reached home in feeble health, and soon afterward died, leaving an injunction for his son, Stephen Fuller Austin, to carry forward his plans.

While the elder Austin was in Mexico, his son Stephen was in New Orleans, maturing plans for co-operation with his father in his Texas scheme. Arredondo readily gave his assent to the colonial project of Austin, and Messrs. Veramendi and Seguin, two prominent citizens of San Antonio, were appointed commissioners to meet Austin at Natchitoches, and introduce him into his future colony. Stephen Austin, having heard, at New Orleans, of the arrival of these commissioners in East Texas, started to meet them. On his way he heard of the death of his father, and that the whole enterprise now rested upon himself. The commissioners had no hesitation in recognizing the authority of the younger Austin, who at once prepared to enter the province. It was late in the summer when they reached San Antonio. Austin was cordially received

by Governor Martinez, and his gentlemanly manners made a most favorable impression upon all the officers in the city. After inspecting the country, he selected for occupancy the rich lands of the Colorado and Brazos rivers, and returned to Louisiana to bring in his first colonists. On reaching New Orleans he secured some pecuniary assistance from Joseph H. Hawkins, Esq., a former schoolmate at Transylvania University. The schooner Lively was purchased, and laden with supplies for the Texas colony. She sailed from New Orleans, for the mouth of the Colorado River, November 20th, 1821, and was never heard of afterward.

On the day the Lively sailed from New Orleans, Austin started by land for Texas. At Nacogdoches he was joined. by ten companions, and the party reached the bank of the Brazos December 31st. The next morning they crossed over, and named the stream found on the west side of the river, New Year's Creek. As Austin passed through Nacogdoches, he left some blank permits for colonists, and an agent to fill up the blanks. There were some conditions in this first contract not incorporated in the subsequent laws. The colonists must profess the Roman Catholic faith; must be citizens of Louisiana; must take an oath of allegiance to Ferdinand VII, and pledge themselves to protect and defend the institutions of the Spanish monarchy; and must bring certificates of good moral character. The printed form before us was granted to the Gates family, and is the property of the venerable Amos Gates, of Washington county. It bears date Nacogdoches, December 27, 1821, and was signed by Austin "as civil and military commander of the colony forming on the Brazos and Colorado rivers, in the province of Texas, under the government of New Spain." In this permit it is stated that each man shall receive 640 acres of land; his wife 320; and each child 160 acres. To the master was given eighty acres for each slave introduced. Austin was to incur all the

expense of procuring a patent, and the colonists were to pay him twelve and a half cents an acre for their land.*

Austin hastened to the coast to meet the Lively. For three months he waited and watched, but hearing no tidings. of the vessel, he finally gave it up for lost, and with his brother, John Brown Austin, he went to San Antonio. There he learned that it would be necessary for him to visit the city of Mexico, to secure the sanction of the newly inaugurated Republican Government. Though he had made no preparation for such a trip, he committed the management of his colony to Josiah H. Bell, and started upon the long and perilous journey."

* This pay for land refers only to the first colonists. Under subsequent contracts the colonists themselves paid the Government dues, and the empresario received his pay in premium lands. It was a section of land-640 acres, that Austin petitioned for, for each family. The commandant misunderstood him, thinking he wished a sitio, an amount equal to a small county. He told Austin that that was too much; but he would give each one a league, and the empresario of course agreed to that proposition, as it was so much better than he had asked; but after all it was hard on the colonists. They could have paid twelve and a half cents an acre for a section of land, but when it came to paying that price for a league, it was more money than a poor man could readily command.

CHAPTER II.

COLONIZATION LAWS-LAW OF 1823-OF 1824-OF COAHUILA IN 1825, AND AGAIN IN 1832-SAN FELIPE LAID OUT AND LAND OFFICE OPENED IN 1824-EDWARDS' GRANT AND FREDONIAN TROUBLES AT NACOGDOCHES-THE EDWARDS CONTRACT AN NULLED BY GOVERNOR BLANCO.

SUCH

UCH was the unsettled state of Mexican affairs that it became necessary for Austin to remain for a whole year at the capital, before a government sufficiently stable was formed for him to effect the object of his mission. In the meantime, he had thoroughly studied the language and institutions of the country, and formed the acquaintance of its leading citizens. He had given special attention to the subject of colonization; and it is believed the laws enacted at that and subsequent periods on the subject, were drawn at his suggestion. As these colonization laws are of great interest, we give a synopsis of the more important ones.

*

1. THE COLONIZATION LAW OF 1823, BY THE MEXICAN EMPIRE. This guaranteed the protection of liberty, property, and civil rights to all foreigners professing the Roman Catholic apostolic religion. It promised the distribution of the lands to them, recognizing the general right of any one to contract with the government for the introduction and settlement in the country of at least two hundred families. These contractors were called empresarios, and for the introduction and establishment of each two hundred families the empresario was entitled to receive from the government a title to three haciendas and two labors of land; but he was obligated to populate and cultivate them within twelve years from the date of concession, under pain of losing all rights of property therein. The premium was never to exceed nine haciendas and six labors, and the proprietor was, at the end of twenty years, to alienate two-thirds of the land so acquired. The colonists themselves so introduced were entitled to—if

*This synopsis was prepared for the Texas Almanac of 1868, by N. C.. Raymond.