[Cross] Year... of Writs and proceedings carried out by the Colonel. D[o]n Dom[ing]o Cabello, Gov[ernado]r and

Transcription

1 l_4 [Cross] Year of Writs and proceedings carried out by the Colonel D[o]n Dom[ing]o Cabello, Gov[ernado]r and Commandant of Arms of this Province of Texas, concerning the opposition by neighboring settlers of the banks of the Arroyo del Cibolo to [the] sale by Sebastian Monjaras, Jose Pa.dron, and Joaqu:in Ii'lores, to the Province of Coahuila, of 574 :head, of [ stock], 226 branded, and 348 unbranded, which the Ministro of the Mi ssi on. del [ E] s,p [ i_ri] tu. S[ an] t o sold. The Commandant General of these Interior Provinces declared vo:ld the sale of the u.nbranded [ stock], it being determined by the said tribunal [that the said stock] are of the class which belong to His Majesty, and that the aforesaid Mission shall satisfy [the sum of] 957 esos, which [sum] belongs to the Mestena Fund. lv // [Blank]

2 15 [ Cross] l // S[en]or Gov(ernado]r [:] The settlers of the banks of the Arroyo del Cibol.o, who will sign below, and as behooves us according to law, do come before Your Lordship and declare [as follows]. A herd of three hundred head of ganado ma.yor are presently being gathered from the environs of the Tetillas, [the] Nogales, and the headwaters of the Olmos. [The gathering of this herd has been] occasioned by the Mission del [ E] sp [ iri] tu Santo [and the herd is to be] taken. for sale to the Presidios of the Line. This act not seeming just, we entreat Your Lordship with the utmost humility, veneration, and respect to deign. order suspended the execution thereof for the following reasons. lstas...beca.u.se instancias were made concerning the rights which we the stockraisers of the Arroyo del Cibolo have with regard to the branded and unbranded stock which pastu.re [Ca.bello's Rubric]

3 16 in summer in the said places and [such stock] have gone to other locales [:] It does not appear just to the S[en]or Commandant General that anything be disturbed or that any unbranded stock be removed from [the] said places until the resolution [of the above-mentioned instancias] is known. For this reason the said mission has been cited by the said Commandant General to appear before him with the instruments of ownerlv ship // which will establish it [the Mission] as owner. Until now [this matter] is [still] pending in litigation. 2nd...Beca.use, if we of the stockraising ranchos of the said Arroyo del Cibolo have been indicted and publicly castigated [by being placed] in the jail of this presidio for having gone out to run and mark what is so rightfully ours in the said places of the Olmos and [the] Tetillas, [ the.n, ] in accordance with the Bando of the S[ eri] or Commandant General, which was published at the beginning of this year of one thousand seven hundred seventy eight and. is presently on record in this Villa, it

4 17 does not serve [the ends of] justice for the said Mission to be exempted from what is commanded in the aforesaid Bando< 3rd,,...Because the aforesa.id Bando includes all the inhabitants of this Province and [of its] presidios and missions, prohibiting that anyone run, kill, mark, or brand unbranded stock, not only in summer pasturelands belonging to,another, but [also] in realengos summers pasturelands, under [penalty of] fines which [the Bando] imposes in each particular case; and [the Bando] charges the justicias to scrupulously fulfill these [its] particulars. [And] the said summer 2 pasturelands should be considered more as realengos than as [bel.onging to the], said Mission. 4th.,,.... Because the owner's'hip [of the above;-nlc-ntioned stock] which D[o]n Angel alleges [to be] in favor of the Mission del [E]sp[iri]tu S[ a:n] to, and the sale Which Bernave Carvajal.ma:de are void due to an irregularity : [The] linderos of all four points of the compass are not specified, [the] which is contrary to royal law and natural law.

5 18 There are more than thirty places [where are located] Eana.do mayor of the said Mission, [these being] on the Cibolo, the Olmos, [the] Nogales, [the] Capote, [and the] Guadalupe. The places extend as far as the sea, and back along the San Antonio River as far as the Mission; [this is a] circle of more than a hundred leagues. [Now,] if [the] said Mission set boundaries it did not place landmarks; if it did place landmarks, it did not make them publicly known to neighboring inhabitants. [Further,] if the [instru-.ment of] possession states that where the stock of [the] said Mission is located marks the northern boundary, the aforesaid landmarks would be var.iable; [and] the stock cannot serve. as landmarks, for now they are in one place, now they move to another. This 2v violates the royal laws and ordinances // and, is prejudicial to the other inhabitants of the Province, since a mission with few Indians is appropriating to itself an immensity of lands. [For these] and for many other reasons [we petition]. 5 th,,. ^.:^.. Because of the pending litigation, it does not best serve [the ends of] justice for the said Mission to order gathered a herd so la:rge when the summer pasturelands are rea:lengos, or

6 at least [where such pasturelands] are certainly not its [the Mission's], [and] where [the Mission] has no more than a few head of branded stock. [For] in the said pla.ces of the Olmos, Tetillas, and Carrizo are found only unbranded stock, together with much branded stock of the ranchos of the Cibolo and a few [head of branded stock] of the Mission del [E]sp[ir]tu S[ an.] to and, of other ranchos of this Villa. We [of the latter] have gone out many times to gather them [the stuock], [and] as many times [have found that] they have returned to their guerencias. We have been unable to remedy it on account of the hostilities of the Indians. [Further, we have] the pensiones [taxes] to which we are subject in. the villa, since we are good citizens and loyal subjects serving the public good at our [own] expense as soon as the need arises. Although we are prepared to go out and care for our property when it most requiresour attention, the summer pasturelands of [the] said Cibolo are not close by, and the stock strays and wanders off to [the] said places of the Olmos or farther on account of 3 the droughts of past years. // [Also, it is

7 20 necessary] to drive the horses belonging to the king into their madrigueras. [Thus we appeal] so as not to be responsible for a loss of time to those who have gone out to round up the herd which they may be able to gather of the branded stock of the said Mission; and for many other reasons; and, finally, because it is just to appeal to the great compassion, lack of bias, and justice of Your Lordship, for the right which we have not only to the [our] branded stock which is found in [the] said realengos summer pasturelands, but also to the unbranded [stock] which has been procreated, for otherwise T would err by omitting [them] [if] I did [not mention] them in this [petition].- For all of which we beseech and i.mplore that Your Lordship deign command to be done what Your Lordship [finds] needful and as we have petitioned on this ordinary paper, for no stamped. paper is available. We formally swear to be vaithout intent to dissemble in this our petition. Vic[ent]e Alvarez Travieso 3v Francisco // Flores de Abrego Miguel de Gortaris Tomas Travieso

8 21 Juan Andres Alvarez Travieso Ju[a]n Jose Flores Domingo Hernandez, at the request of Josefa. Flores Marcos de Castro, at the request of Jose AndrEs H[e]rn[an.de]z Dom[ing]o H[e]rn[ande]z Juana de [H] oyos Francisco Xavier Rodrigu.ez Jose Joaqu.in Flores, at the request of Jose Placz.do H[e] rn[ande] z Joaqu.in Lea.i Ma.n[u.e]1 Mu.noz, at the request of JosE Pcrez Casanova 1, Jose Francisco Flores, did sign at the request of Carlos Martinez. [C., 1-3v pp., in F. 12/l4/ /21/1786]

9 22 Decree In view of that which has preceded [in this ina.tter],[we are] considering [the fact] that Sebastian Monjaras, Jose Padron, and Joaquin Flores, residents of this Villa, did appear before this gov[ier]no to request the corresponding license to take out a herd of stock which they purchased from the Mission de la Bahia del [E]sp[iri]tu S[an]to to take to sell to the Presidios of S[an]ta Rosa and Rio Grande. [This sale] was considered as [legally] proper according to the 2nd article of the bando issued by the S[en]or Commandant General of these Provinces on the eleventh of January of this present year, pu.blished. by this Fov [ier]no in this Villa and Royal Presidio on the twelfth day of said month in accordance with the [applicable] regulations. Let them [the a,forementioned residents] be [hereby] informed that 4 they may not drive out // in the said herd any bovine or equine [animal], even if it be,manzo, which is not marked with the brand of its proper owner; [let them be] warned that the penalty provided in the aforesaid article will be imposed [in case of no.n-compliance]. [It shall be] required and

10 23 indispensible [that they] present in this govierno a relacion or a commission signed by the owners [of stock] from whom [such stock] have been purchased, before they may be sold in those [military] stations [the aforesaid Presidios]; in such [document] shall be recorded, for each case, the number of head [of cattle] or horses which are to be driven out, according to their species, and with their respective brands [indicated], in. order that [such] herds may be recorded in a book [of record], the which is ordered for this pu.rpose9 [aforementioned document] will also serve to expedite [the] issuance of [the] license which must be issued for the removal [of such animals]. If there be found., in the aforementioned herd which the previously-mentioned Sebastian Monjaras, Jose Padron, and Joa,quin Flores are going:to drive out, any bovine or equine animals without the brand of their owner, se.parate account shall be made of their quantity and species in order that they may be restored 1j. v to the // summer pastureland or pasturelands from whence they were taken. [The foregoing shall apply] unless the aforesaid buyers post security from the value of their property, in the prescribed manner,

11 2 4 an amount equal to the value of the said [unbranded] stock at time of purchase, in order that upon return from their journey it [such security] be deposited; [such security shall remain deposited] until the S[eii]or Commandant General determines to whom it should be delivered. All of it [the foregoing] is committed for its most exact and due compliance to the Alc[ald]e Ordin[ari]o de Primer Boto of this Villa, who will formulate the proceedings below which apply, in order that what is commanded may be made effective and the 'proper measures be taken. [Su.ch. proceedings will] be dated and returrzed. to this gov[ ier] no for action as a"ppropri.ate. or which may become a;ppropriate. Thus do I approve, command and sign, I D[ o] n Dotll[ ing] o Cabello; Colonel of the Royal Armies; Gov[ernado]r and Commandant of Arms of the Province of Texas, its missions, conquered lands, and frontiers; Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[oni]o de Bexar; in this Villa of S[a]n Fern[an].clo; on the fourteenth day of the month of December, in the year one thousand seven hundred seventy eight; before attendant witnesses, // with whom I am acting

12 25 in the.absence of a n.ota.ry; doing so on this ordinary paper, for no stamped paper is available; whereof I certify. Cabello Fernando de Beramendi, Attendant Witness Manuel Flores y Valdez, Attendant Witness, 3v-5 PP., in E. 12/14/1778_ 11/21/1786]

13 26 Compliance and Notification [ 1]3 D[ o] n Felix Menchaca, Alca,lde de- la Primera, in fulfillment of the preceding order of the S[en]or Colonel D[o]n Domingo Cabello, GovrernadoLr of this Province, am obliged to order and do order that the residents Sebastian Monjaras, Jose Padren, and Joaquin Flores be cited to appear before.me in order that they may be notified in person of all that which was set forth by the S[ eri] or Gov[ ernad.o:.l r in the above-cited order. [Once] informed of it [the order], and in accordance with the proceedings which are ordered effective by the S[en]or Gov[ ernado] r, they [thus] will be able to drive out the herd which they seek to take to the Presidios of Rio Gra.nde and S[an]ta Rosa. Thus I have decreed it and affixed my signature hereto this fourteenth day of the above-cited month of December of [the] said year, with attendant witnesses, with whom I am acting as 1u.eZ receptor in the absence of any notary; in witness whereof I certify. Jose I'elix Menchaca

14 5v.Miguel Menchaca, // Attendant tivitness 27 Jose' Roberto Nu.nez9 Attendant Witness [C., 5-5v pp., in E. 12/l4/ /21/1786]

15 28 Statement I, Joaqu.in de los Santos, resident of the Ba.hia del [E]sp[iri]tu. S[an]to, do state that by order of the Reverend Father Fra,y Jose Escobar, Ministro of the Mission del [E]sp[iri]tu. S[an]to, I delivered to D[o]n Jose' Padron, resident of the Presidio of S[a]n Ant[oni]o the quantity of four hundred head of branded and u.n.branded stock. Not knowing how to sign, I requested that Joaqu.in Flores y Sendejas sign for me. At the request of the covenanter, I signed today, [the] tenth of December of the year [one thou.sand seven hundred] seventy eight. Joaquin Flores y Sendejas [ C., 5 v p., in E. l2/llf/ /2l/1786 ]

16 29 Petition Jose Padron, resident of this villa, with the greatest respect comes before Your Grace and states [the following]. In virtue of that [which was] disposed by the S[en]or Gov ernado]r of this Province, [to the effect] that Sebastian Monjaras, Joa.quin Flores, and I pledge security for the value of the herd of unbranded cattle which we are ready to take to the Presidios of the Line, [and] that we present a relacion sworn to by the owner by whom [the herd] was sold, and [one] by our guarantors, all of which Your Grace has deigned to notify us of, I set forth [the following]. The Reverend Father Ministro flay 6 Jose Maria Escobar having // sold to me four hu.ndred, head of stock, which are part of the secular possessions of the Mission del [E]sp[iri]tu S[an]t.o, I went to take possession of thera in company with Sebastian Monjaras and Joaquin Flores, with whom I sha.re ownership [of the aforesaid stock]9.and, in fact, the agent which the above-cited Mission sent,joaqu:in de los Santos, did. turn over to me [the] said number of four hundred head, as is stated in the enclosed

17 30 instrument. Most of the stock was unbranded. I set out for the ranchos of the Cibolo in order that [the stock] be inspected and the corresponding license for their removal be issued to me. But the S[en]or Gov[ernado]r has ordered that the value of it [the herd] be secured [at the.price at] which it ti,ras. sold until [such time as proper] ownership is determined.by the S[en]or Commandant General and [to do this it is necessary that] the said herd be inspected. [Therefore;] I humbly entreat Your Grace deign order that the above-cited inspection be made with the least delay in order that by v:irtue.of it the proper security that I am ready to post, which the previously-mentioned Reverend Father and I are 6v agreed amounts correctly to // twenty-two reales, [per head] [can] be established. From delay many expenses are accruing to me, and [there is] the flagrant risk of loss of the entire herd. For all of which, I supplicate Your Grace deign consu.tnma.te what I have petitioned and what Your Grace may find needful; I entreat that Your Grace will dispense justice,

18 [in this matter] ;[ and] I swear to be without intent to dissemble. 31 Juan Jose Padro'n [ C., 5v-6v pp., in E. 12/l4/ /2l/1786]

19 32 Writ On the twentieth of December of one thousand seven hundred seventy ei^ht, I, [the] said judge, in fulfillment of that [which was] disposed by the S[en]or Gov Lernado r of this Province, and in prosecution of these proceedings, went to inspect the herd which Jose Padron, Sebastian Monjaras, and Joaqu.in Flores drove to the rancho of Simon de Arochae Being at the said rancho, I made the inspection of the said herd and found [the following : ] f Joso Padron, fifty-two head branded [and] forty-eight unbranded, all of which the Reverend Father Escobar, Ministro of the said Mission, sold him at the price of twenty-two reales per head; of Sebastian Monjaras, one hundred thirty- 7 seven head // with his brand; and of other residents, [and] which were acquiered as diesmo, four with the brand of Padron, two with the brand of Fran[cis]co Flores, three with the brand of Travieso, six with the brand of Mig[u.e] l Guerra, four with the brand of the Captain D[o]n Luis Menchaca, two with the brand of the Santisimo, seven with the brand of Fran[cis]co Montes, [and] ten with the brand of

20 33 Santiago Segu.in. As it appears, the herd consists of five hundred seventy-four head, which [qu,antity] will be recorded in detail in the book for the record. With respect to the thiee hundred forty-eight unbranded head which Jose Padron took out, it behooves him to make the corresponding [security] pledge [and] in the prescribed manner; should he not, the removal of the unbranded [stock] shall be suspended. Once the corresponding pledge is effected, I am obliged to order and do or der that said pledge be filed with these proceedings and that they [the proceedings] be sent to the S[ en] or Gov[erna.do] r of this Province for determination in his view of what might be most appropriate. Thus have I approved, ordered and signed; a,nd with attendant witnesses with whom I am acting 7v as j11e2 receptor in the absence of a notary //, public or royal, as prescribed by law, for there is none available; in witness whereof all I certify. Jose Felix Menchaca Miguel Menchaca, Attendant Witness Jose Joaq[ui]n Flores, Attendant Witness [C., 6v-7v pp., in E. 12/l'-F/ /21/ 1786]

21 ! 34 Bond In the Villa of S[a]n Fern[an]do, [of the] government of the Province of Texas, on the twenty-fourth day of the month of December of one thousand seven hundred seventy eight, I, D[ o] n Felix Menchaca, AlCalde Ordinario de la Przm cr a of [the] said Villa, with attendant witnesses with whom I a:m acting in my own presence in the absence of a notary, either public or royal, for there is none [accessible], and on this common paper, for no stamped paper is available [do state the following]. [There] appeared [before me] in person D[o]n Jose de la. S[a:n]ta, D[ o] nsimon. de Arocha, and D[ o] n Juan Jose de la S[an]ta, residents of this Villa, [all] of whom I certify that I know. Jointly and individually and in solidum they did declare that, inasmuch as D[o]n Jose Padron, resident of [the] said Villa is soliciting to take out a herd of three hundred forty-eight u.nbranded head of stock which the Father Fra Jose Escobar, Min[is] tro of the Mission // del [E] sp[iri] tu S[an]to sold him, they [the foregoing residents] putting into effect what is provided by law, and

22 35 [ bei ng] certain [of] and fully aware of what they are covenan.ting in this matter, pledge themselves by these presents as guarantors lay [not clerical], sincere, cer tain., and creditable of the said D[ o] n Jose Padron. [They do this] in order that the corresponding license for taking out the above-cited herd may be issued. [Pa.dron] on his return should deliver to the S[en.]or Gov[ernad.olr the. above-cited quantity [of money] which the above-cited unbranded stock amount to. If for any reason the said. Pa.d.ron should fail to satisfy the said quantity, the said gu.ara::ntors shall be obliged to satisfy it, assuming to themselves the other's cause without commencing other proceedin.gs by right or law, of which the benefits they renounce; [theyalso renounce their recou.rse to] the l(2yes Sans imus de entrega y pru.eba. The fulfillment [by Padron of the said quantity] the said guarantors pledge with thc-ir persons and their property, owned and to be owned; they grant power of attorney to all the judges and,justicias of His Majesty, in particular 8v to those of this VillaIV // to thus assure compliance and fulfillment; and they renounce all the statutes which may be in their favor and defense. They thus

23 36 cbvenanted and signed with nie and the attendant witnesses; in witness whereof I certify. Jose de la. Santa Simon de A.rocha Jose Felix Menchaca. Juan Jose de la S[an]ta Miguel Menchaca, Attendant Witness Joaqu.in Flores9 Attendant Witness I [C., 7v-8v pp., in E. 12/14/17-(8-11/21/1786]

24 1 37 Decree [It has been duly] noted that on behalf of D[o]n Jose Pa.dron, resident of this Villa, [there] has been covenanted the competent writ of security to the value of the three hundred forty-eight unbranded head [of stock] according to their legitimate appraisal and selling price; and this tribunal finds their value to be right, until the determination of the S[en]or Commandant General of these Interior Provinces of New Spain. [Therefore]! let the corresponding license be issued in writing. [Such license] shall be for the removal of five hundred seventy-five head; specifically, two hundred twentyseven branded and three hundred forty-eight remaining 9 [head] unbranded. Thus should no // obstacle to their sale be imposed. These herds shall be entered in the book [of record] ordered made for this purpose, which was provided in the decree disposed on the fourteenth of the present month, found on pages 3 verso to 5 of these proceedings. Thus do I approve, order, and affix my signature [hereon]; I, D[o] Domingo Cabello; Colonel of the Royal Armies;

25 38 Gov[erna:do]r and Commandant of Arms of the Province of Texas, its missions, conquered lands, and frontiers; and Captain of the Cavalry Company of the Royal.Presidio of S[a]n Ant[oni]o de Bexar9 in this Villa of S[ a] n Fe rn [ an] do on the twenty-fourth day of the month of December of the;,.year one thousand seven hundred seventy eight; before attendant witnesses, with whom I am acting in the absence of a notary; doing so on this ordinary paper, for no stamped paper is available; whereof I certify. Cabello Fernando de Bera.rnendi, Attendant Witness Man[ue]l Flore:s y Valdez, Attendant Witness [C., 8v-9 pp., in E. 12/14/ /2l/1786]

26 39 Record On this date the license which is referred to in the preceding decree was issued in writing to D[o]n Jose Padron in order that he may 9v take out from this Province the five hundred seventy-five head [of stock] which are mentioned in it [the preceding decree]. And so that it be made known, I make it part of [these] proceedings; whereof I certify. Cabello [C., 9-9v pp.. in E. 12/l^-/1778- ll/2.1/1786] 0

27 uo Writ In the Villa of S[a..]n Fern[an]do on the twenty-fl.rst day of the month of January in the year one thousand seven hundred severity nine, I, D[o]n Domingo Ca:bello; Colonel of the Royal Armies; Gov[ernado]r and Commandant of Arms of the Province of Texas, its missions, conquered, lands, and frontiers; and Captain of the Cavalry Company of the Royal Presidio of S[a]n Ant[on.i]o de }3e'xa:r; state J;the following]. In consideration of having disposed [it] in my decree of the fourteenth of December of the past year, these proceedings shall be remitted to the S[e.n]or Commandant General of these-interior Provinces of New Spain in order that His Lordship, with them in hand, may deign determine what is most to his greater liking in consequence of the appeal which is made at the beginning [of these proceedings]. [Such appeal was] made on behalf of the neighboring residents of the banks of the Arroyo del Cibolo so that his [the Commandant General's] determination may serve as a general rule and. norm for when, if in 10 the future // a case of equal nature should occur,

28 41 it will be known in this district on what terms it should be completed., and [so that] at no time nor for any reason may the Reverend Fra:Y Jose: de Escobar, Ministro of the Mission de la Bahia del [E]sp[iri]tu S[an] to, allege ignorance of wha:t is decided by [the] said S[ en] or Commandant General concerning the sufficiency of the nine hundred fifty-seven Eesos corresponding to the value of the three hundred fortyeight unbranded head [of stock] which he [Escobar] has sold to D[o]n Jose Padron, as it appears from these proceedings. The aforesaid Father, Ministro of the aforementioned Mission, should be cited [to appear] so that he may be informed of that determined by this ZoLridr.no in consequence of the preceding circumstances in this cause. [But] s;i.nce it is impossible to verify notification to him due to his being forty-two leagues distant from this station., let [such notification] be made known to the Most Reverend Father Fra Pedro Ramirez, as Presid[ent]e which he is of the Missions of this Province, in order 10v that he may be informed of this x u.ling and can. // plead, on behalf of his Missions, in the tribunal of the S[ e7i] or Commandant General, that which is most

29 42 befitting. The foregoing is committed to D[o]n Jose Ant[oni]o Curvelo, Alcalde Ordinario de Primer Boto of this Villa so that, given its [the Villa's close propinquity to the mission in which the aforesaid Father Presidente resides, he [Curvelo] may go to [the] said mission and in the most polite, cival, and urbane terms inform the Most Reverend Father Presid[et]e of this ruling. In virtue thereof, the latter may [thus] make those appeals which it is deemed befitting [to make], [but] in consideration of [the fact] that, as has been mentioned, these original proceedings shall be addressed to the previously-mentioned S[en]or Commandant General. After entering the response which the aforementioned Father Presid[ent]e makes, the above-mentioned Alcalde shall return these proceedings to this office for appropriate action prior to verifying their remission. Thus do I approve, order, and affix my signature [hereto]; before attendant witnesses with whom I am acting in 11 the absence of a: notary; // doing so on this ordinary paper for no stamped paper is available; whereof I certify.

30 43 Domingo Cabello Fer:nando de Beramendi, Attendant Witness Man[u.e]1 Flores y Valdez, Attendant Witness [ C., 9v-11 pp., in E. 12/14/ /21/1786]

31 44 Notification In the Mission de N[u.es] tra S[ e^io] ra = de la Conzepcion [sic], on the sixth day of the month_ of Febru.ary of one thousand seven hundred seventy nine, I, D[o]n Jose,Ant[oni]o Curvelo, Alc[ald]e Ordin[ar.i];o de Primer Boto, before attendant witnesses with whom I am acting in my own presence in the absence of a notary, [either] public,or royal, for there is none as prescribed by law [state the following]. In obedience to the preceding writ I proceed.cd to the Mission del S[en]or S[a]n Jose in order to make known to the Most Reverend Father Fra.y Pedro Ramirez, as Presid[entle which he is of all the missions of this Province, [the] said writ and [the] other proceedin^.s carried out [in this case]. Meeting him while he was enroute to the Mission de N[ues]tra S[ en.o] ra de la Conzepcion [ sic], I accompanied him as far [as that Mission], where I made known to him [the] said proceedings. Informed of:them, he answered liv // that, an extensive reply being necessary, he begs that the S[en]or Govrernado r condescend to provide him with a copy of all that has taken place in this matter so that, reflecting [thereupon], he

32 45 :might thus be able to respond according to law, and, as is befitting, send the aforementioned proceedings to the Most Reverend Father, Ministro of the Mission del [E] sp[iri] tu S[an] to,,urho keeps the justificatory instruments which set forth our privileges and rights. I affix my signature hereon, [together] with attendant witnesses, as stated [above] ; in witness whereof all I certify. Jose Antonio Curvelo Fr[ay] Pedro Ramirez Aniceto Vic[ent]e Caamano, Attendant Trdi tne s s Manuel Flores y Valdez, Attendant Witness [C., 11-llv pp., in E. 12/llt/ /21/1786]

33 46 Decree Having seen the responses given by the Most Reverend Father Fray Pedro Rarriirez, Presid[ ent] e of the Missions of this Province, [I find that] there is no cause to communicate these proceedings to him via [a] copy [thereof]. In view of [the fact that] the reason for their formation is that the S[en]or Commandant General may deign determine what should be done in a case like the present, it would not be reasonable to heap [here]- 12 upon proceedings which could greatly hinder // the prompt circuragyration and remission of these [proceedings]. [Further,] on behalf of the missions all necessary appeals have already been made and [all] measures to protect their rights [have already been taken], and testimony will be taken [of their appeals]. This actuation will be passed to the aforesaid Commandant General in order that, in view thereof, he may deign determine what may be to his greater pleasure. Thus do I approve, order, and affix my signature [hereon]; I, D[ o] n Do.m[ ing] o Cabello; Colonel of the Royal Armies; Gov[ernado] r and Commandant of Arms of the Province of Texas, its missions, conquered lands, and frontiers; and Capta.in of the Cavalry Company

34 47 of the Royal Presidio of S[a]n Ant[oni]o de BExar, in this Villa of S[a]n Fern[an]do9 on the seventh day of the month of February of the year one thousand seven hundred seventy nine; before attendant witnesses, with whom I am acting in the absence of a notary; and doing so on this ordinary paper, for no stamped paper is available; whereof I certify. Dom[ing]o Cabello Jose Placido de Monzo"n, Attendant Witness Manuel Flores y Valdez, Attendant Witness [C., llv-12 pp., in E. 12/14/ /21/1786]

35 It [the foregoing] agrees with its original, which has been r emitted. to the S[on]or Commandant General of these interior Provinces of the Kingdom of New Spain. l2v I, // D[o]n Domingo Cabello, Colonel of the Royal Armies and Gov[ernado]r of this Province, did order it [this copy] ma.de [from its original] in order that it may remain in the archives of this governmento- It is composed of twelve pages written on ordinary paper, [and] it is accurate, true, a.nd,correct^ to which agreed the witnesses who were present: D[o]n Jose Ant[oni]o de Bustillo y Zeballos and D[o]n Vic[ent]e Caamano, both [of whom are] residents of this Villa of San Fernando; wherein it [this document] is dated on the tenth day of the month of February of this present year of one thousand seven hundred seventy nine; acting with attendant witnesses in the absence of a notary; on this ordinary paper, for no stamped paper is availabie; whereof I-certify. Dom[ing]o Cabello [Rubric] 48

36 49 Jose Placido de Nonzon [Rubric] Attendant Witness Pedro Diaz del Castillo [Rubric] Attendant Witness [D.S., 12-12v pp., in E. l2/l4/ /2l/1786]

37 50 Royal Presidio of S[a]n Ant[oni]o de Bexar, February 12, 1779 [Bracket] On this date the original proceedings, relative to the preceding instrument, were remitted to the S[en]or 13 Commandant General. // They were sent under letter No. 18. In ord.er that it be documented, I.makc- it part of these proceedings; whereof I certify.. Cabello [Rubric] [D.S., 12v-13 pp., in E. l2 /14/ /21/1786]

38 51 Blank [13v p. in E. 12/14/ /21/1786]

39 52 Responded to with No. 630a In view of the proceedings which Your Lordship transmitted in your letter No. 18 of the 12th of February, [17]79, concerning a herd of uunbranded stock which the Mission del Espiritu Santo was going to take for sale out of that Province, to which [matter] your letter referred; [in view of] the instancia which several neighboring stockraisers directed to me in the year [ 17] 80 ; and [in view of] another letter of Your Lordship, number 418 of the.18th of July, [l7]8l, in which it is urged that disposition be made of this matter; the Asesor of this district military headquarters has expounded the dictamen of which I am enclosing a copy for Your Lordship. [I am also enclosing] a copy of my decree, which is in conformity [with the dictamen], in consequ.ence whereof Your Lordship may proceed to make effective that which is contained in the above-stated dictamen, informing me of the results. May God keep Your Lordship many years. Arispe, 5th of November, 1782.

40 53 El Cab[alle] ro De Croix [Rubric] Senor Don Domingo Cabello [Bracket] [L.S.9 14 l4v. pp., in E. 12/14/ /21/1786]

41 5 4 Senor Commandant General: The Laws of Title 5, 5th Book of the Reco-pilacion of these kingdoms, do approve and order the observance in New Spain and its Provinces, of the ordenanzas which the City of Mexico, by order of the Senor Viceroy Don Antonio de Mendoza, did formulate for the raising and increase [in numbers] of domestic animals, [and] for the remedying of and punishment for frauds and crimes [concerned with stockraising] which with great frequency were being perpetrated. To this same end it is recommended that they [the ordenanzas] be introduced in the remaining Provinces where they are not [now in effect]. For this reason, [then] are included in the above-cited Title provisions which will reduce the number of instancias. [They provide that] the Municipal Council of the City of Mexico, at the time of choosing its Alcaldes Ordinarios9 shall name one or two Alcaldes of the Mesta. [These shall be] capable, competent, and of good character; and they shall be ourners of livestock and shall be knowledgeable in matters appertaining thereto. They shall take an oath to carry out their duties well and, faithfully. After fulfilling a one-year [ term of

42 office], they shall not be eligible for the following 55 [term]. These alcaldes shall each year hold two Assemblies [of the Mesta] o[ one] on the 16th of 15v January, [the other on] the 31st of August. // Each [Assembly] is to la.st ten days and no more. Before convening the Assembly it shall be publicly proclaimed in the cities, v7lla.s, and [other] p-aces deemed necessary, that each livestock owner shall go to the [Assemblies of the] Mestas, bringing with him the ewes, sheep, lambs and whatever other animals that are mestenos and belonging to another yet are commingled with his own [stock]. Thus it may be known to whom they belong; and they shall be given over to their [rightful] owners. Payment shall be made to the latte_r for the custody of such animals [in such amount] as shall be deemed appropriate by the Con. ^ ce.j2 [de la Mesta]. He who does not so do [pay as deemed by the Concejo de la Mesta], shall pay 10 sheep to the party [rightful owner] and quadruple [such amount] to the Concejo [de la Mesta], over and above the meste:n.os found in his possession. And if he has sheared the.m, he shall make seven-fold payment [of the 10 sheep] to the other [next] Assembly

43 56 [of the Mesta], over and, above the penalty going to the party [rightful owner], It shall be understood that all stock [of any species] can be mestenos, whether mares, horses, mules, cow's, or boars, as well as ewes and sheep. Further, no stock owner shall have as his own the mark which another [also] has; all [marks] should be different so that each owner may be more easily determined. If two [marks] shall 16 be the same, the // Co.nce'o [de la Mesta] shall [ re] establish each as it deems fit, so that it thus will be distinctive and can not be confused with, another. And finally, mostrenco s'tock which does not bear a mark and which [M.N.] Law, llth Title [bracket] Book 5, Recopilacion is found, in any of the Assemblies [of the Mesta], shall be placed for safekeeping with plain, creditable persons, and [such fact] shall be publicly proclaimed in the neighboring cities. [T.he.n,] if from one Assembly to the next it does not become manifest who is the owner, it [such stock] shall be applied to the Camara of His Majesty, and the royal officials

44 shall sell it, proceeding in this [matter] as is usual and customary, [with] the conta.dor giving account to the treasurer. Law 18, Title. 20, 5th Book provides that neither the treasury commissioners nor other officials of the Holy Crusade shall be permitted to de.mand or gain possession of anything whatever of the property of persons who have died in.testate, leaving no known heir9 this applies to mostrenco possessions [of the deceased] if there be any such [possessions] in the Indies. And, finally, the 6th Law, Title 12, 8th Book, commanding observance of the preceding, and the llth [Law] of the [5th] Title and 5th Book, to which reference is also made, charge that the ju.sticias and royal officials shall exercise extreme care in the recovering of mostrenco possessions, where their owners are not l6v present. After the proceedings // provided by the laws of the Kingdoms of Castilla are observed, such possessions shall be declared as belonging to the Royal Camara and Fisco. Thus, according to the literal context of these laws, once the required proceedings are observed, it cannot be doubted that ztray animals and other.mostrenco, or ownerless, goods, belong to and should be a..pplied to the Royal Camara and Fisco of His 57

45 Majesty, [and] that neither the treasury commissioners nor other officials of the Holy Crusade shall be allowed to demand or gain possession of anything whatever thereof. Under this principle and [in view of the fact] that the runaway, unbranded, or mestenos stock which are raised in the Province of Texas have neither brand or mark whatever, and consequently are without a known owner, Your Lordship expressly declared in the Bando dispatched in San Antonio de Bexar on the llth of January, [17178, and published on the following day, the 12th, that they.[su.ch stock] shall belong to His Majesty. [The Bando applied] not only in virtue of [the stock's being of] the mostrencos type, but also in virtue of its having been born and raised in His Majesty's unappropriated and realengas lands, provided [such lands are] not mer- 17 cenadas nor // transferred. And hence to avoid the destruction and damage which the inhabitants were causing amongst the livestock on account of the available privilege, which [privilege] they had arrogated to themselves, of running, catching, and killing them at their pleasure, the continuation of such abuses was prohibited; and violators were made subject to the [following] penalties: loss of those head 58

46 59 which they had caught; payment of a four-pesos fine for each horse, two for each bovine; and imprisonment for eight days in the public jail - for the first offense; for the second [offense], the fine and imprisonment [to be] doubled; and for the third [offense], the same doubled fine plus banishment for four years to work on short rations and without pay on public works to which [such offenders] may be sent. To this was added [the provision] that the execution of these penalties should be carried out without further proof than the seizure of unbranded or m.estenos stock in possession of the offenders. In order to avoid detriment which could be wrought on the raisers of cattle and horses, the which [animals] under this ruling are considered as ownerless and mestenos but which are of their [the stockraisers'] own broods yet unbranded due to omission_or neglect which the stockraisers had exercised l7v // oreto fear of enemies which might have impeded them, the 3rd Article of the Bando provided [as follows] a At a convenient time for the justicias or a person commissioned by thern;>to be present, they [the stockraisers] should proceed every year to brand

47 60 and mark their stock so that by this means they might be able to prove ownership of their own particular possessions. And to avoid that they [the stockraisers] should desire to appropriate to themselves other stock commingled with their own broods, it also provided that, once the branding was finished, a list for each stockraiser be made of those animals which he had branded; the list, signed by the stockraiser and by the dusticia should be maintained in a book, in which also should be recorded the licenses which might subsequently be issued to slaughter or drive out stock. Thus, by comparing the number of head branded by each stockraiser, with the number slaughtered or driven out under authority of licenses 18 petitioned for and. granted for those purposes, // the number of head which should remain to each stockraiser should be known. And he [the latter] would not be able to appropriateu.or brand a greater number the following year than shoul.d be considered as reasonable and corresponding to his brood. Your Lordship was desirous at the same time of making available to the residents of Texas the lucre and considerable advantages and benefits which can

48 61 result from the orderly and methodical herding of unbranded or mesteno cattle and horses for slaughtering or taking out. In order that such might be= effected without detriment to the broods or destroying or annihilating a species, the option was given to the Governador of granting licenses to gather such beasts in the seasons, periods of time, and places that he should indicate. Payment [was to be made] of six reales for each equine and four for each bovine beast caught. But even'though such a contribution was moderate, under authority of the present Govern[a.d^ or and of his predecessor, Your Lordship l8v reduced it on the 16th of September //,[17]79.? to only two reales for each head [of] equine [stock], leaving that for bovines at the same rate indicated in the Bando, by virtue of their having more value in the Province, being of gre&ter issue, and being easier to herd. Althou.gh the just and cogent reasons upon which the above-cited Bando is based require no further foundation than reference to the Laws which are cited above, the example of the Province of California nevertheless concurs in its comprobation. In that

49 62 Province a similar decree had been dictated by the higher Govirno of Mexico9 it had been, and is still in effect. In the instructions dispatched on the 30th of September, 1774, by the Most Excellent jlalr Don Frey Antonio Mar,i a Bucareli, which were for the purpose of serving as a rule for the Sen.or Don Fel^..pe Ne-ve9. who went to take charge of the government of that peninsula [there was a provision]. In the 20th Article it advised him that, for the maintenance of I the troops and seamen and for the sustenance of the 19 Indians, [all] with a saving of royal moneys, the Royal Exchequer had. solicited that the Governador be ordered to publish a bando in all the cura.ci.es.. [The bando should provide that] all owners of live-. stock should mark and brand their livestock with their distinctive signs [ brands], within the term of four months; i.f the term should expire before [such] execution, every head that remained should be declared as unowned or as a runaway. The latter could [then] be made use of for the urgencies of the natives and to sustain the seamen and troops of the district, and. their use by any other person was prohibited. It

50 being evident to His [M.S. illegible: one word] that the abundance of runaway stock which pastured in the Peninsula, particularly of cattle, whose flesh used to advantage, would represent a considerable saving to the Royal Hacienda and would lead to much progress 1gv in converting // the heathens who lived in the immediate surroundings of the missions, he had resolved that this decree be put into effect. He remitted the respective order on the 14th of July to d[o]n Felipe Barri for proper attestation and confirmation. In case it sh.ould not be complied with, he again made known to the Senor Governad.or Neve ^ h-e importance of its execu.tion-and charged that the latter should advise its results. In the report that was requested and d.ispatched on the 4-th of July, [17]80, he [the Governador] advised that the Bando had been published in accordance with Point 31 thereof, and that the missions and curacies would continue to 'brand and mark all livestock they could gather. Point 32 [provides that] although runaway animals may originate from stock which is manso, whenever their owners cease to gather them and confine them by rodeo, all [such animals] which were bred and. produced

51 64 in rea.leneos lands should be declared ownerless and should be lawfully applied to the Royal Hacienda. 20 This same being the law // in Texas, and in view of the lenience which that of California does not contain, [na.mely, that] of permitting the inhabitants to gather and profit from the ownerless or mestenos livestock provided a license for same is issued by the Gove(rnadlor and payment of an extremely small amount is made, it would seem that without further ado they [the inhabitants of Texas] should have become satisfied and obedient to its observance and fulf illment. But far from turning out in that way,- [events] have turned out [quite] to the contrary: they [the inhabitants] persist in the unjust claim of attribu.ting.to themselves the own.ershi:p as well as the absolute and perpetual dominion of all livestock, including u.nbran.ded and mc-stenos, on no other basis than that of the stock's having originated from and having been procreated by mansos introduced in the Province by those same inhabitants or by their forebears or causantes. Besides the fact that the first [such animals] which were introduced into and procreated abundantly in that territory and from

52 r 65 which certainly originate those that now exist, they [the first such animals] were paid for by the Royal Hacienda. [Furthermore,] even if the reasoning and 20v principles // upon which the inhabitants base their claims to appropriate to themselves [the livestock] were acceptable, it is readily apparent that, after having left them abandoned in the hills and realengas lands where they have grown and multiplied without being subject to rodeo nor bearing any brand, or mark whatever, no inhabitant or stockraiser can prove his own particular dominion and ownership; nor does he have any just claim upon which to base it [su.ch ownership]. Therefore, even when it is admitted that such animals originated from manso stock introduced by causantes of the inhabitants, it cannot be denied that they are, on the day they are found, undeniably mostrencos and without owners. This is sufficient to justify the lawful right to their ownership in favor of the Royal Hacienda, especially in view of the circumstance of their having been born, raised, and maintained on its own pastures and realengas lands. And, there being no other means of cutting off at the

53 66 roots the [causes of] lawsuits and disputes which have been and would be interminable amongst these same stockraisers, each one.wanting to arrogate to himself 21 the right and option of appropriating such a.nimals, even if the other just considerations which are explained above were not operative, the la.st reason alone would suffice for [any] good government to decree that they [such animals] should. belong to the Royal Hacienda.. [It would also suffice] to comprobate the just and moderate rules contained in the Bando in order that in conformity therewith the stockraisers might avail themselves thereof and benefit therefrom without destroying the broods or a`n.n.ihila.ting the species, [the which would be] to the detriment of the public of the Province and the adjacent [Provinces]. In view of all the foregoing, [and with the] measures dictated in. the Bando of the llth of January, [l7]78, still being in effect, in force, and [in] vigor, it is my Minion that Your Lordship, if he were pleased to [so] resolve and order,.might dispose that the Governador formulate and publish another, new bando with the same measures included.

54 67 [Such bando] would also specify that within a peremptory term of four months, counting from the day of its publication, the missions and other raisers and owners of cattle and horses should confine such stock by rodeo and place [on them] their known brands; the bando would provide that when the said term had ex-. 2lv pired, all livestock // found without brand or mark should be considered as alzado, unowned, and meste:no and. therefore as belonging to the Royal Hacienda. [Such provision would apply] irrespective of where in the Province [such livestock should be found], even if in the sum,zer pa.sturelands of the missions or- [of the] stockraisers; and no person of any rank whatever should appropriate, kill, or drive out [such livestock] without express permission of the Governador, paying the specified -pension [tax] for each head, under the penalties for offenders as provided in the aforementioned Bando. [The bando would further provide as follows:] when the specified [four-month] term had expired, a separate listing of all the beasts of each species which each mission or stock-'- raiser: ha.d. branded. shall be entered and kept in a book; and in another book shall be recorded with

55 68 precision and clarity the licenses which were issued to kill or take out [livestock]. Thus, it being evident through this means how many beasts should. remain, it could be easily determined how many, within a small mar in, could have reproduced and. cou.ld. [therefore] be branded the following year [by each party]. And no one shall be 'permitted to increase his possessions by appropriating to himself other [stock] which do 22 not belong to or correspond to him. Animals // found and caught in any place or summer pastureland whatever and which bear a known brand or mark, shall be turned over to their legitimate, true owners; and whosoever should violate this [provision] and should profit from them [such animals] without license or consent, shall be adjudged as a thief, and the penalties corresponding to the type of the offense committed shall be imposed upon him; in addition he shall forfeit the animals to their [rightfu.l] owners or pay the price at which they may be valued. Liketivise, unbranded and mestenos [animals] found and caught, whether in the summer pasturelands of the missions, or of the other stockraisers, shall be held

56 69 as belonging to the Royal Hacienda; and he who should catch them at the time of rounding up or catching his own branded livestock, shall present them. to or give account of them to the Governador so that the latter might grant permission to profit from them or take them out by payment of the -pension which is set forth. [If anyone should violate this provision,] he shall incur, and there shall be irrerrmissibly inlposed on. him, the penalties and fines provided in 22v the above-cited Bando. Whenever // the stockraisers and residents of the Province should solicit permission to run and to catch unbranded and mesteno livestock, the Governador shall give them preference over strangers to it [the Province], for the latter do not have equal right to enjoy this privilege. And the same preference shall be gs.ven. to the stockraisers with regard to those inhabitants who are not [stockraisers]. Nevertheless, he [the Governad.or] shall endeavor that the latter should also enjoy the benefits which are dispensed to all, by virtue of [,the fact that] they [also] bear the load of defense., and other necessary burdens which accrue [to them] in the Province. Finally, it can be disposed that,