Sidebilder
PDF
ePub

APPENDIX No. 3.

In conformity with the opinion of the assessor of the commandancia general, I have determined in a decree of this date that, notwithstanding the provisions made in the 81st article of the ordinance of intendentes, the captains of presidios are authorized to grant and distribute house-lots and lands to the soldiers and citizens who may solicit them to fix their residences

on.

And considering the extent of four common leagues measured from the centre of the presidio square, viz: two leagues in every direction, to be sufficient for the new pueblos to be formed under the protection of said presidios, I have likewise determined, in order to avoid doubts and disputes in future, that said captains restrict themselves henceforward to the quantity of house-lots and lands within the four leagues already mentioned, without exceeding in any manner said limits, leaving free and open the exclusive jurisdiction belonging to the intendentes of the royal hacienda, respecting the sale, composition, and distribution of the remainder of the land in the respective districts.

And that this order may be punctually observed and carried into effect, you will circulate it to the captains and commandants of the presidios of your province, informing me of having done so.

God preserve you many years.

CHIHUAHUA, March 22, 1791.

PEDRO DE NERVA.

Senor Don JOSEPH ANTONIO ROMEN.

APPENDIX No. 4.

Decree of the 18th August, 1824, respecting colonization.

The sovereign general constituent Congress of the United Mexican States has been pleased to decree

1st. The Mexican nation promises to those foreigners who may come to establish themselves in its territory, security in their persons and property, provided they subject themselves to the laws of the country.

2d. The objects of this law are those national lands which are neither private property nor belong to any corporation or pueblo, and can therefore be colonized.

3d. To this end the Congress of the States will form, as soon as possible, the laws and regulations of colonization of their respective demarcation,

with entire conformity to the constitutive act, the general constitution, and the rules established in this law.

4th. Those territories comprised within twenty leagues of the boundaries of any foreign nation, or within ten leagues of the seacoast, cannot be colonized without the previous approval of the supreme general executive power.

5th. If, for the defence or security of the nation, the federal government should find it expedient to make use of any portion of these lands for the purpose of constructing warehouses, arsenals, or other public edifices, it may do so, with the approbation of the general Congress, or during its recess with that of the government council.

6th. Before the expiration of four years after the publication of this law, no tax or duty (direcho) shall be imposed on the entry of the persons of foreigners, who come to establish themselves for the first time in the nation.

7th. Previous to the year 1840, the general Congress cannot prohibit the entry of foreigners to colonize, except compelled to do so, with respect to the individuals of some nation, by powerful reasons.

8th. The government, without prejudicing the object of this law, will take the precautionary measures which it may consider necessary for the security of the federation, with respect to the foreigners who may come to colonize. In the distribution of lands, Mexican citizens are to be attended. to in preference; and no distinction shall be made amongst these, except such only as is due to private merit and services rendered to the country, or inequality of circumstances, residence in the place to which the lands distributed belong.

10th. Military persons who are entitled to lands by the promise made on the 27th of March, 1821, shall be attended to in the States, on producing the diplomes granted to them to that effect by the supreme executive power.

11. thIf by the decrees of capitulation, according to the probabilities of life, the supreme executive should see fit to alienate any portion of land in favor of any military or civil officers of the federation, it may so dispose of the vacant lands of the territories.

12th. No one person shall be allowed to obtain the ownership of more than one league square, of five thousand varas, (5,000 v.) of irrigable land (de regadio,) four superficial ones of land dependent on the seasons (de temporal,) and six superficial ones for the purpose of rearing cattle (de abreradiso.)

13th. The new colonists cannot transfer their possessions in mortmain, (manos muertas.)

14th. This law guaranties the contracts which the grantees (empressarios) may make with the families which they may bring out at their expense; provided they be not contrary to the laws.

15th. No one who, by virtue of this law, shall acquire the ownership of lands, shall retain them if he shall reside out of the territory of the republic.

16th. The government, in conformity with the principles established in this law, will proceed to the colonization of the territories of the republic.

APPENDIX No. 5.

General rules and regulations for the colonization of territories of the republic.-Mexico, November 21, 1828.

It being stipulated in the 11th article of the general law of colonization of the 17th of August, 1824, that the government, in conformity with the principles established in said law, shall proceed to the colonization of the territories of the republic; and it being very desirable, in order to give to said article the most punctual and exact fulfilment, to dictate some general rules for facilitating its execution in such cases as may occur, his excellency has seen fit to determine on the following articles :

1st. The governors (gefes politicos) of the territories are authorized (in compliance with the law of the general Congress of the 18th of August, 1824, and under the conditions hereafter specified) to grant vacant lands in their respective territories to such contractors (empressarios,) families, or private persons, whether Mexicans or foreigners, who may ask for them, for the purpose of cultivating and inhabiting them.

2d. Every person soliciting lands, whether he be an empressario, head of a family, or private person, shall address to the governor of the respective territory a petition, expressing his name, country, profession, the number, description, religion, and other circumstances of the families or persons with whom he wishes to colonize, describing as distinctly as possible, by means of a map, the land asked for.

3d. The governor shall proceed immediately to obtain the necessary information whether the petition embraces the requisite conditions required by said law of the 18th of August, both as regards the land and the candidate, in order that the petitioner may at once be attended to; or if it be preferred, the respective municipal authority may be consulted, whether there be any objection to making the grant or not.

4th. This being done, the governor will accede or not to such petition, in exact conformity to the laws on the subject, and especially to the beforementioned one of the 18th of August, 1824.

5th. The grants made to families or private persons shall not be held to be

definitely valid without the previous consent of the territorial deputation, to which end the respective documents (espediontes) shall be forwarded

to it.

6th. When the governor shall not obtain the approbation of the territorial deputation, he shall report to the supreme government, forwarding the necessary documents for its decision.

7th. The grants made to empressarios for them to colonize with many families shall not be held to be definitely valid until the approval of the supreme government be obtained; to which the necessary documents must be forwarded, along with the report of the territorial deputation.

8th. The definitive grant asked for being made, a document signed by the governor shall be given, to serve as a title to the party interested, wherein it. must be stated that said grant is made in exact conformity with the provisions of the laws in virtue whereof possession shall be given.

9th. The necessary record shall be kept in a book destined for the purpose, of all the petitions presented, and grants made, with the maps of the lands granted, and the circumstantial report shall be forwarded quarterly to the supreme government.

10th. No capitulization shall be admitted for a new town, except the capitulizator bind himself to present, as colonists, twelve families at least.

11th. The governor shall designate to the new colonists a proportionate time within which he shall be bound to cultivate or occupy the land on the terms and with the number of persons or families which he may have capitulized for, it being understood that if he does not comply, the grant of the land shall remain void; nevertheless, the governor may revalidate it in proportion to the part which the party may have fulfilled.

12th. Every new colonist, after having cultivated or occupied the land agreeable to his capitulization, will take care to prove the same before the municipal authority, in order that, the necessary record being made, he may consolidate and secure his right of ownership, so that he may dispose freely

thereof.

13th. The reunion of many families into one town shall follow, in its formation, interior government and policy, the rules established by the existing laws for the other towns of the republic, special care being taken that the new ones are built with all possible regularity.

14th. The minimum of irrigable land to be given to one person for colonization shall be 200 varas square, the minimum of land called de temporal shall be 800 varas square, and the minimum for breeding cattle (de obsevade so) shall be 1,200 varas square.

15th. The land given for a house-lot shall be 100 varas.

16th. The spaces which may remain between the colonized lands may be distributed among the adjoining proprietors who shall have cultivated theirs with the most application, and have not received the whole extent of land allowed by the law, or to the children of said proprietors, who may ask for

them to combine the possessions of their families; but on this subject particular attention must be paid to the morality and industry of the parties.

17th. In those territories where there are missions, the lands occupied by them cannot be colonized at present, nor until it be determined whether they are to be considered as the property of the establishments of the neophytes, catechumens, and Mexican colonists.

APPENDIX No. 13.

Mexican law of the 17th August, 1833.

ARTICLE 1. Government will proceed to secularize the missions of Upper. and Lower California.

ART. 2. In each of said missions a parish shall be established under the charge of a parish priest of the secular clergy, with a salary of from $2,000 to $2,500 per annum, at the discretion of the government.

ART. 3. These parish curates shall exact no enrolment for marriages, baptisms, burials, or any other religious functions. With respect to fees of pomp, they may receive such as shall be expressly stipulated in the tariff to be formed for this object, with as little delay as possible, by the reverend bishop of the diocess, and approved by the supreme government.

ART. 4. The churches which have hitherto served the different missions, with the sacred vessels, ornaments, and different appurtenances now belonging to them, shall be assigned to these new parishes, and also such buildings annexed to the said churches as the government may deem necessary for the most decent use of said parish.

ART. 5. The government will order a burial-ground to be erected outside of each parish.

ART. 6. There are $500 per annum assigned to each parish as a donation for religious worship and servants.

ART. 7. Of the buildings belonging to each mission, the most appropriate shall be designated for the habitation of the curate, with the addition of a ground lot which shall not exceed 200 varas square; and the remaining edifices shall be specially adjudicated for a court-house, preparatory schools, public establishments, and workshops.

ART. 8. In order to provide quickly and efficaciously for the spiritual necessities of both Californias, a vicar-generalship shall be established in the capital of Upper California, the jurisdiction of which shall extend to both territories; and the reverend diocesan shall confer upon its incumbent the necessary faculties, with the greatest amplitude possible.

« ForrigeFortsett »