The Laws of Slavery in Texas: Historical Documents and Essays

CHAPTER ONE

★ CHAPTER ONE Laws on Slavery in Mexican Texas, 1821–1836 ★ [ 8 ] The Laws of Slavery in Texas EMPIRE OF MEXICO COLONISATION LAW OF JANUARY 4, 1823 ★ Introduction Inspired by revolutionary idealism, the leaders of Mexico’s independence movement often expressed antislavery sentiments. José María Morelos, for example, announced in 1813 that “slavery is forbidden forever.” This sentiment influenced the new nation’s leaders when they drafted a colonization law that was promulgated by Emperor Agustín de Iturbide in January 1823. The imperial colonization law did not prohibit the bringing of slaves into Mexico, but it forbade treating enslaved persons as property and declared free at the age of fourteen all children born to such persons. When Iturbide fell from power in February 1823, the colonization law fell with him. Stephen F. Austin’s first colony was the only one settled under this law, and the colonists ignored its terms. Nevertheless, Mexico’s first colonization law indicated to immigrants from the United States that slavery faced an uncertain future in their new homeland. Excerpt from the Colonisation Law . . . The Junta Nacional Instituyente of the Mexican empire, being convinced by theurgentrecommendationsofthegovernment,ofthenecessityandimportance of giving to the empire a general law of colonisation, have thought proper to decree as follows: . . . Art. 30. After publication of this law, there can be no sale or purchase of slaves which may be introduced into the empire. The children of slaves born in the empire, shall be free at fourteen years of age. . . . Therefore, we order all tribunals, judges, chiefs, governors, and all other authorities, as well civil as military and ecclesiastical, whatever class or dignity they may be, to comply with this decree, and cause it to be complied with in all its parts. . . . Laws on Slavery in Mexican Texas [ 9 ] Given in Mexico, 4th January, 1823 Signed by the Emperor Source: H. P. N. Gammel, “Laws, Orders and Contracts for Austin’s Colony,” in The Laws of Texas, 1822–1897, 1:27–28, 30. [ 10 ] The Laws of Slavery in Texas STEPHEN F. AUSTIN’S COLONY CRIMINAL REGULATIONS, 1824 ARTICLES 10–14 ★ Introduction Slavery could not exist without laws to protect slaveholders in the ownership of their property and to regulate the conduct of slaves. Stephen F. Austin, himself a slaveholder , established the first legal framework for slavery in Texas when he issued a set of civil and criminal regulations for his colony in January 1824. Articles 10 through 14 of Austin’s Criminal Regulations amounted to Texas’s first “slave code.” Articles 10–14 To All Persons: Charged by the superior authorities of the Mexican nation with the government of this colony until its organization is completed, and observing that the public peace and safety of the settlers is jeopardized by the pilferingdepredationsofstrollingpartiesofIndiansandrobbers,andalsothatthe goodorderofthecolonyisendangeredbytheintroductionandtransitofmenof bad character and its good morals scandalized by their irregular conduct, I have thought proper, in order more effectually to insure good government, security, and tranquillity, to decree as follows: . . . Art. 10. No person within this colony shall harbor or protect any runaway slave belonging to any person within this colony, or out of it, but shall immediately give information or deliver said slave to his owner, or to an alcalde, if the slave belongs within this colony, and to the superior judge, if such slave is from a foreign country, or any part of the nation. Any person who violates this article shall, on conviction thereof, pay all the damages which the owner of such slave may sustain in consequence of the loss of his labor, and shall, moreover, be finable in any sum not exceeding five hundred dollars, and be condemned to hard labor on public works until the superior government decides on the case. Art. 11. Any person who shall be convicted of stealing any slave or slaves, or enticing,orinducingthemtorunaway,shallbefinedinasumnotexceedingone Laws on Slavery in Mexican Texas [ 11 ] thousand dollars, and be condemned to hard labor on the public works until the superior government decides on the case. Art. 12. Any slave who shall steal any money or property shall, on conviction thereof, be punished with any number of lashes not less than ten nor more than one hundred, and the property shall be returned; the owner or his agent shall be notified to attend at the trial. Should the owner or his agent not wish to have the slave whipped, he shall have the privilege of preventing it by paying...