The Empresario System and Moses Austin's Legacy: Shaping the Future of Texas
In the early 19th century, the land of Texas was a vast and untamed frontier, largely sparsely populated and under the control of the Spanish Empire. As the region continued to be distant from the political heart of Spain, officials sought new ways to encourage settlers and establish order. Enter the empresario system, a unique and impactful way of incentivizing migration to Texas — a system that would eventually lead to the state's transformation.
What Was an Empresario?
The term empresario comes from the Spanish word for "entrepreneur" or "contractor." In the context of early Texas, an empresario was an individual granted the right to settle land in exchange for recruiting families and overseeing their establishment. This wasn’t just about planting a flag and claiming ownership of land—it was about building communities. The empresario was expected to ensure that the settlers were law-abiding, productive, and integrated into the broader systems of government, society, and culture.
While the system was a means for the Spanish and later Mexican governments to encourage settlement and development, it also laid the foundation for the waves of Anglo-American settlers who would change the region’s demographics and economy forever.
Moses Austin: The Father of the Empresario System in Texas
The story of the empresario system is inseparable from the legacy of Moses Austin, one of the most influential figures in Texas history. Originally from Connecticut, Austin moved to Missouri, where he initially dabbled in business ventures before envisioning a bold plan to colonize Texas. This plan would change the course of history for both Austin and the region.
In 1820, Moses Austin secured a contract from the Spanish government to bring settlers from the United States to Texas. The agreement granted him the rights to settle a specified portion of land with a promise to bring at least 300 families. Austin saw this as a golden opportunity not just for himself but for his settlers, who could escape the financial strains of the eastern United States and build a new life in the fertile lands of Texas.
The Role of Stephen F. Austin
Unfortunately, Moses Austin passed away in 1821, shortly after securing the agreement. His son, Stephen F. Austin, would rise to fame as the most successful empresario. Known as the "Father of Texas," Stephen took his father's place, fulfilling the colonization contract and beyond. He became the first to successfully bring settlers to Texas, known as the "Old Three Hundred."
Austin’s ability to navigate both Spanish and later Mexican bureaucracy, while also appealing to the American settlers who were eager to relocate to Texas, marked him as a standout empresario. His colony flourished, establishing a lasting presence that would grow and eventually influence the region’s push toward independence.
The General Colonization Law and the Rise of Other Empresarios
In 1824, following Mexico’s independence from Spain, the Mexican government passed the General Colonization Law, which opened up Texas to further settlement. The law allowed the Mexican government to grant land to empresarios who would bring in settlers. The law encouraged both foreign settlers and Mexican citizens to immigrate, but it also required settlers to practice Catholicism and adopt Spanish as their language.
As a result, the empresario system expanded. Numerous empresarios followed in Austin’s footsteps, bringing thousands of settlers to Texas. Names like Martin De León, Green DeWitt, and Ben Milam became famous for their contributions to the growth of Texas, though none reached the level of success and influence of Stephen F. Austin.
The Legacy of the Empresario System
The empresario system did more than just populate Texas—it set the stage for the conflict between Anglo settlers and the Mexican government. Many of the settlers who arrived under the empresario grants brought with them their own customs and economic systems, including the institution of slavery. Despite Mexico’s abolition of slavery in 1829, many of the Anglo settlers ignored the ban, which eventually led to tensions between them and the Mexican authorities. This conflict would contribute to the Texas Revolution of 1835-1836.
While the empresario system may have been an attempt to introduce order and growth to the area, it also introduced significant complexities, many of which would remain unresolved until Texas won its independence from Mexico in 1836.
The empresario system’s impact continued to shape Texas long after its formal end. The settlers who came through these land grants would be part of a broader movement that led to the development of Texas as a thriving agricultural economy, with heavy reliance on slavery, cotton farming, and trade. They laid the foundation for the political and cultural development of what would become the Republic of Texas and later, the state of Texas.
CONTRACTh
Contract for Moses Austin’s Empresario Grant
Dated: March 1, 1821
Issued by: The Spanish Government of Texas
Parties
Grantor: The Spanish Government of Texas (hereinafter referred to as "The Crown")
Grantee: Moses Austin, Citizen of the United States of America (hereinafter referred to as "The Empresario")
Preamble
This contract acknowledges the agreement between The Crown, represented by the Government of New Spain, and Moses Austin, for the purpose of settling and developing land in the territory of Texas (known as the Province of Coahuila y Tejas), in accordance with the terms and conditions outlined below. The parties recognize the necessity of populating the region with willing and industrious settlers and agree to cooperate in achieving this goal.
Article I: Grant of Land
The Crown agrees to grant Moses Austin, as the Empresario, a tract of land in the province of Texas sufficient for the settlement of families and cultivation of crops, not to exceed 200,000 acres, as determined by the prevailing land surveys and established borders of the province.
The land is to be located in the eastern region of Texas, specifically along the Brazos and Colorado Rivers, or in any other location designated by the Crown. The Crown will provide appropriate documentation and maps to facilitate the settlement process.
Moses Austin shall have the right to designate specific areas of land for settlers and to subdivide the land into individual plots as he deems necessary for settlement.
Article II: Conditions of Settlement
Moses Austin is tasked with recruiting a minimum of 300 families from the United States or other foreign territories to settle in Texas. Each family must include heads of households and at least one able-bodied adult for labor purposes.
Settlers must meet the following qualifications:
a) Be willing to embrace the Catholic faith and profess their adherence to the Roman Catholic Church.
b) Learn the Spanish language to the extent necessary for communication with local officials and authorities.
c) Be of good moral character and capable of contributing to the agricultural development of the region.
d) Possess the means to support themselves for the initial period of settlement, including tools, livestock, and provisions.Moses Austin will oversee the selection and management of settlers. He will provide the necessary means of transportation, provisions, and shelter for the settlers during their journey to Texas.
All settlers must report to the nearest Spanish authority upon arrival in Texas and comply with local laws and regulations.
Article III: Obligations of Moses Austin
Moses Austin agrees to organize the settlement and ensure that the settlers establish permanent homes within a period of one year from the arrival of the first group of families.
The Empresario shall oversee the development of infrastructure necessary for the settlers, including roads, wells, and other facilities needed for agricultural production and general welfare.
Moses Austin shall ensure the settlers’ allegiance to the Crown of Spain and maintain peace and order among the settlers, resolving disputes according to the laws of New Spain.
Article IV: Rights and Privileges of Moses Austin
In exchange for his role in settling and developing the land, Moses Austin will be granted a percentage of the land developed by the settlers, to be determined by future agreements with the Crown. This will include compensation based on the size and success of the settlement.
Moses Austin is entitled to the right to distribute land to the settlers as he deems appropriate, in compliance with the overall goals of the settlement. He will retain oversight over the management and division of land to ensure that all settlers are properly allocated land.
Moses Austin may charge settlers a fee for the land distribution, which is to be agreed upon between him and the individual settlers.
Article V: Terms of Compliance and Breach
In the event that Moses Austin fails to meet the required number of settlers or breaches any terms of this agreement, the Crown reserves the right to revoke this contract and reclaim the land granted.
In the case of non-compliance by the settlers, the Crown will hold Moses Austin responsible for resolving disputes and ensuring compliance with the laws of New Spain. Any grievances against settlers will be subject to Spanish judicial review.
Article VI: Duration and Transferability
This contract will remain in effect for a period of ten years, commencing on the date of its signing. If Moses Austin successfully fulfills the conditions of the contract, the agreement may be extended or renewed for a subsequent period, subject to the Crown's discretion.
Moses Austin is permitted to transfer his rights under this contract to a suitable successor, provided the Crown gives prior approval for any such transfer.
Article VII: Miscellaneous Provisions
Moses Austin agrees to assist in future colonization efforts in Texas, working with the Spanish government to facilitate additional settlements after the initial group is established.
Any amendments or modifications to this contract will require mutual consent between Moses Austin and the Crown and must be documented in writing.
Signatures
For the Crown of New Spain:
[Signature] _____________________
Name: [Spanish Government Representative]
Title: [Government Official Title]
Date: [March 1, 1821]
For Moses Austin, Empresario:
[Signature] _____________________
Name: Moses Austin
Date: [March 1, 1821]