PRESENTED
TO
THE UNIVERSITY OF TORONTO
BY
The Spanish Archives
of New Mexico
S M
5 2
_r oo
The Spanish Archives
of New Mexico
Compiled and chronologically arranged with historical, genealogical,
geographical, and other annotations, by authority of
the State of New Mexico
By
Ralph Emerson Twitchell
Of the New Mexico Bar
Volume One
THE TORCH PRESS
NINETEEN FOURTEEN
COPYRIGHT 1914 BY
RALPH EMERSON TWITCHELL
THE TORCH PRESS
CEDAR RAPIDS
IOWA
A TRIBUTE TO THE MEMORY OF
DANIEL SAWIN TWITCHELL, MY FATHER
WHOSE ANCESTOR IN AMERICA, BENJAMIN TWITCH-
ELL, SETTLED IN DORCHESTER, MASSACHUSETTS, IN
1630, A PURITAN PIONEER, COTEMPORARY IN NEW
WORLD CIVILIZATION WITH THE SPANISH CON-
QUISTADORES OF NEW MEXICO
PEEFATOEY NOTE
THE documentary period of New Mexican history be-
gins with the Relation of Alvar Nunez Cabeza de Vaca,
who, with three companions, survivors of the ill-fated
expedition under Don Pamfilo Narvaez, in 1528, ship-
wrecked upon the coast of the Mexican Gulf, traversed
the continent, finally, in 1538, meeting with other Span-
iards in New Galicia near the west coast of Mexico.
Thereafter came the memorable journeys of the Francis-
can f rayles, Juan de la Asuncion and Marcos de Niza, the
negro, Estevan, who lost his life at Zuni, the expedition
under Francisco Vasquez Coronado; Friar Agustin
Euiz, with Chamuscado; Don Antonio de Espejo; Cas-
tano de Sosa ; and finally, in 1598, the first colonizer in
the United States of today, Don Juan de (Mate, who
located his first capital at San Gabriel, near the junction
of the Eio Chama with the Eio Grande, in the county
of Eio Arriba, New Mexico.
The Spanish archives of New Mexico, however, do
not contain any record of the events of the explorations
of the last half of the sixteenth century, nor are there
any connected with the first settlement under Onate.
The earliest is one of the year 1621, a translation of
which is given together with a photographic reproduc-
tion. All of the earlier archives at Santa Fe, with this
exception and two others, were destroyed by the Indians
in the Pueblo Eebellion of 1680. The Spaniards, in
August of that year, under the governor and captain-
viii THE SPANISH ARCHIVES OF NEW MEXICO
general, Don Antonio de Otermin, were forced to evac-
uate the capital after a siege continuing five days, re-
tiring to Paso del Norte, which became the seat of gov-
ernment and military operations of the Province until
the re-conquest under General Don Diego de Vargas
Zapata Lujan Ponce de Leon in 1692-94.
The Spanish archives of this State have been a sub-
ject of enduring interest ever since the occupation of
New Mexico by American troops in 1846. From the
time of the re-conquest until the American Occupation
period the archives were well cared for by the Spanish
and Mexican authorities.
The Spanish and Mexican governments were ex-
tremely zealous in the administration of the regulations
governing their custody and care. At the time of the
Occupation these archives were in the charge of Don
Donaciano Vigil, who had been the sole custodian, dur-
ing many administrations, since 1824.
On the 22d of September, 1846, Vigil was appointed
secretary of New Mexico and ex-officio recorder of land
titles and custodian of the archives, by General Stephen
W. Kearny. In 1847, after the assassination of Govern-
or Charles Bent, he succeeded to the civil governorship
but continued as official custodian until New Mexico be-
came a Territory of the United States in 1851.
A recital of the historical events in connection with
the custody of these documents will be of interest. It
is recorded that no sooner had the Americans assumed
control than reports were forwarded to the authorities
at Washington, declaring that the " prefect at Paso del
Norte has for the last few months been very active in
disposing (for his own benefit) of all lands in that vi-
PREFATORY NOTE ix
cinity that are valuable, ante-dating the title to such
purchases. " Thus early was the taint of fraud given
to archives, the value of which was so little appreciated
by the soldiers of the American army that during the
occupation of Paso del Norte by Colonel Doniphan's
troops, they, in considerable quantity, were thrown into
the street to make room for office headquarters and
burned.
Professor J. H. Vaughan, A Preliminary Report on
the Archives of New Mexico, Appendix "C," Report,
American Historical Association, 1908, p. 471, has
fallen into error where he states that "The Federal au-
thorities then in control allowed the documents to re-
main in the custody of the Territorial authorities, and
this custody continued to be exercised without question
until 1903. " On the contrary, the general government,
almost immediately after the Territory of New Mexico
was created, took steps for their preservation. He also
errs in his conclusion that "There is no question that
many of the more important papers relating to, or bear-
ing directly on, the question of land titles in the Terri-
tory were borrowed from the general stock and were not
returned," for, in truth, after the segregation by Sur-
veyor-General Pelham, the number of archives relative
to land titles was materially augmented by the filing of
title papers in his office by land owners.
Pursuant to the provisions of the Act of Congress of
July 22, 1854 (10 Stats., p. 309), under which was cre-
ated the office of surveyor-general of New Mexico, the
first appointee, William Pelham, was instructed, upon
his arrival at Santa Fe, to make application to the gov-
ernor (Merriwether) for "such of the archives as re-
x THE SPANISH ARCHIVES OF NEW MEXICO
late to grants of land by the former authorities of the
country," to see that "they are kept in a place of se-
curity from fire, or other accidents, and that access is
allowed only to land-owners who may find it necessary
to refer to their title records," and such references
"must be made under your eye or that of a sworn em-
ploye of the government."
The surveyor-general was also instructed to prepare,
in duplicate, from the archives, or authoritative sources,
a document exhibiting the names of all the officers of the
Territory who held the power of distributing land from
the earliest settlement of the Territory until the change
of government, indicating the several periods of their
incumbency ; the nature and extent of their powers con-
cerning lands ; whether, and to what extent, and under
what conditions and limitations, authority existed in
the governors or political chiefs to distribute the public
domain; whether, in any class of cases, they had the
power to make an absolute grant; and if so, for what
maximum in area ; or whether subject to the affirmance
of the department or supreme government ; whether the
Spanish surveying system was in operation, and since
what period in the country, and under what organiza-
tion ; also, with verified copies of the original, and trans-
lations of the laws and decrees of the Mexican Repub-
lic, and regulations which may have been adopted by the
general government of that republic for the disposal of
the public lands in New Mexico.
Mindful of the rights of the Pueblo Indians of New
Mexico, he was instructed to collect data from the rec-
ords and other authentic sources relative to these Pu-
eblos, so 'that Congress would understand the matter
PEEFATOEYNOTE xi
fully and be able to legislate in such a manner as would
do " justice to all concerned. "
In accordance with his instructions, the surveyor-gen-
eral made application to Governor Merriwether for
such of the archives as related to grants of land by the
former authorities of the country. The governor de-
clined to act, saying that " their selection from the large
amount of papers composing the public archives of the
Territory would involve an immense amount of labor
and a heavy expenditure which he was not authorized
to incur. "
Governor Merriwether, however, graciously permit-
ted the surveyor-general "to remove the packages con-
taining such papers as related to the grants of land in
the country from their deposit and examine them in my
own office; whereupon I immediately assigned two of
my clerks to separate them. On the last day of July
(1855) this difficult duty was accomplished, and from
one hundred and sixty-eight packages, averaging one
hundred and sixty-eight thousand papers, of every na-
ture and description imaginable, one thousand seven
hundred and fifteen grants, conveyances of land, and
other documents referring to claims to land, have been
selected, and are now being arranged and classified in
a systematical form in this office. It will, however, be
impossible to have them properly and substantially
bound, as required by your instructions, on account of
the different shapes and forms in which they are to be
found some existing on large sheets of foolscap pa-
per, while others are to be found on half -sheets, and
others again, on scraps of paper which can never be
bound in any convenient form."
xii THE SPANISH AECHIVES OF NEW MEXICO
Immediately the surveyor-general began the perform-
ance of his duties, but, as appears from the report of the
commissioner of the general land office, the people of
New Mexico were averse to responding to the call of the
surveyor-general to produce their title papers to lands
in the Territory, "some for fear of losing the evidence
of their titles, inspired, it is supposed, by designing in-
dividuals."
"In many instances/' says the commissioner, "the
Pueblo Indians have been deterred from filing their title
papers with the surveyor-general, in the apprehension
they would never again get possession of them.
"Others, conscious of an indisputable possessory
right of landed estates, feel perfectly secure on the sub-
ject and do not care to exhibit, much less file, their title
papers, for the purpose of enabling the surveyor-gen-
eral to report upon the claims to Congress for confirma-
tion under the Act of July 22, 1854. "
Pelham continued as surveyor-general until the
breaking out of the Civil War, when he endeavored to
make his escape from New Mexico in company with the
army of Confederate invaders under the command of
General H. H. Sibley, but was captured by General Can-
by near Alburquerque at the time of the inglorious re-
treat of the Texans in 1862.
Thereafter and for more than a quarter of a century
the surveyor-general's office was engaged in the investi-
gation of these private land claims, during which time,
up to and including the year 1880, according to the re-
port of the secretary of the interior, "after a lapse of
nearly thirty years, more than one thousand claims have
been filed with the surveyor-general, of which less than
PREFATORY NOTE xiii
one hundred and fifty have been reported to Congress,
and of the number so reported, Congress has finally
acted upon seventy-one. The construction of railroads
through New Mexico and Arizona, and the consequent
influx of population in those Territories, render it im-
peratively necessary that these claims should be finally
settled with the least possible delay. I have, therefore,
the honor to recommend that the attention of Congress
be called especially to the subject, with a view to secur-
ing action upon the claims pending before it, and upon
the pending bill providing for the settlement of the re-
maining claims.
"On June 30, 1880, patents had been issued by the
government for 4,456,158.43 acres of private land claims
in New Mexico and Colorado ; the largest grant for 1,-
714,764.94 acres, and the smallest for 1,720 acres.
"There were on the above mentioned date forty-six
claims for private land grants in New Mexico and Col-
orado, containing an area of 4,675,173.57 acres pending
in the general land office for patents, and on that date
there were pending sixty private land claims in the
same area for confirmation by Congress, embracing an
area, so far as the same has been surveyed, of 4,294,627.-
475 acres.
"This condition of affairs continued until the estab-
lishment of the Court of Private Land Claims in 1891,
which court began its official functions by a formal or-
ganization at Denver, Colorado, July 1, 1891, and ceased,
by operation of law, June 30, 1904. "
During the thirty-seven years of investigations of
these private land claims by the several surveyors-gen-
eral, lawyers and other interested persons became en-
xiv THE SPANISH ARCHIVES OF NEW MEXICO
tirely familiar with the documents in the office of the
surveyor-general. Much testimony was taken by that
official, the major portion of which is of more than
ordinary historical importance. Translations of these
archives were made by a succession of official translat-
ors, notably Whiting, Miller, Ellison, Key, and Vigil,
and during the existence of the court of private land
claims by Flipper, Tipton, Chacon, and others, the
work of all of whom has been used in this compilation.
Not one of these documents has ever been mislaid or
tampered with while in the custody of the representa-
tives of the Department of the Interior.
These archives are by far the most valuable and in-
teresting of any in the Southwest, not excepting those
of California. Here we find reflected the home and busi-
ness life of the early settlers. In the expedientes, testi-
monios, and other papers, numbers of which have been
translated and given in full, are disclosed the pride of
ancestral achievement in the conquest and pacification
of the country; recitals of Indian campaigns, usages,
methods of defense, the erection of forts and towers in
exposed localities on the Indian frontiers; customs,
civil and military; names of officers in all branches of
the service ; the respectful regard for the rights of the
Pueblo Indians relative to their land holdings ; the ef-
forts to win over the hostile tribes and convert them to
the Catholic faith; the deference for the ecclesiastics;
official admonitions; wills and testaments, slaves and
slavery, laws and customs, forms of official procedure,
census returns ; in fine, almost everything necessary for
a study of the lives, manners, routine, dress, and daily
occupations of the people during a period of more than
PEEFATOEYNOTE xv
two centuries. The will of General De Vargas ex-
emplifies in many ways the picture of official life at
Santa Fe ; the manners of dress, the home life, the use
of elaborate plate, the wearing of resplendent jewelry,
the affection bestowed upon his intimates, all are found
in this notable document.
Those archives which, in 1854, remained in the cus-
tody of Governor Merriwether, became a part of the of-
ficial records of the executive office. On February 4,
1854, the Territorial Assembly memorialized Congress,
reciting that the archives were in a ruined condition,
documents of great importance being exposed and -in
danger of complete destruction ; that the Territory was
without means to care for them properly, and asking for
an appropriation of fifteen thousand dollars for their
care and translation into the English language. Con-
gress did nothing. Even the Palace of the Governors
was, at that time, in such poor repair, according to the
governor, that it was no fit place for the sessions of the
Assembly. During successive administrations recom-
mendations were made to the Territorial legislatures for
appropriations for the care of these important docu*
ments. Meanwhile many of them disappeared, and dur-
ing the administration of Governor Pyle, it is said,
many were carried off. In a measure this is true, but
they were not destroyed, as nearly all of them found
their way into private collections at Santa Fe and else-
where.
In 1891-2, during the administration of Governor L.
Bradford Prince, the Legislative Assembly authorized
the expenditure of two thousand four hundred dollars
for cataloguing, numbering, indexing, binding, and
xvi THE SPANISH AECHIVES OF NEW MEXICO
translating these archives, and the governor was em-
powered to contract with some competent person for
the work, "it being understood that only such docu-
ments as contained matters of historical interest to
New Mexico shall be required to be translated, and that
the person with whom such contract shall be made shall
also make clean copies of said documents as he may
translate, with proper indexes to both Spanish and
English, so as to prepare the same for publication as
historical documents ; such documents shall also be ar-
ranged chronologically."
Mr. Ad. F. Bandelier was employed by the govern-
or for the purpose. All that the Territory ever re-
ceived for the money paid to Mr. Bandelier was a
"list" of 1074 archives, chronologically arranged, a
copy of which is now in the possession of the Historical
Society of New Mexico, and which has been used in this
compilation. If any translations were made they were
never filed with the Territorial authorities, or, if filed,
have entirely disappeared. No index was ever made
and no copies have ever been preserved.
Narrowly escaping destruction by fire when the first
capitol was burned in 1892, the archives were placed in
the custody of the secretary of the Territory. Numbers
of them were used in the trial of cases before the court
of private land claims.
During the last year of the administration of Gover-
nor Miguel A. Otero they were removed, by order of
the general government, to Washington and placed in
the Library of Congress. A full statement of how this
removal was arbitrarily accomplished is contained in
Professor Vaughan's monograph, where he states:
PEEFATOEY NOTE xvii
" After the completion of the present Territorial capi-
tol, in 1900, and the removal of the Territorial offices
from the Old Palace to the capitol building, these old
documents were transferred to the office of the Terri-
torial Secretary and stored in the vault adjoining the
office. Here they were arranged, roughly, in the order
of their dates, were tied in packages, and stored as care-
fully as was possible on the shelving in a vault avail-
able for that purpose. In 1901, however, it was clearly
seen that these documents, which occupied nearly all
the shelf space on one side of the vault, would have to
be removed in order to make room for the current
records of the office, the volume of which was constant-
ly and rapidly increasing.
" About this time correspondence was being received
from the authorities at Washington, particularly from
the librarian of Congress, asking that these Spanish
and Mexican archives be transferred to the Library of
Congress at Washington, where they would be stored
in a manner absolutely safe ; also classified, indexed,
and translated by persons trained in this line of work,
and without expense to the Territory. Recommenda-
tions to this effect were made by the Secretary of the
Territory in 1899, 1901, and 1903; and the governor,
in his message to the Legislative Assembly, called the at-
tention of that body to the circumstances on at least one
occasion. No action of any kind was taken or even
considered until 1903. During the winter of that year
the librarian of Congress was a visitor in Santa Fe, in
the month of February, and discussed the matter with
the members of the Legislature and the Territorial of-
ficials. The result of this discussion was the drafting
xviii THE SPANISH ARCHIVES OF NEW MEXICO
of an act which provided for the transfer of these docu-
ments to the Library of Congress, which, through the
librarian, entered into certain stipulations, as to the
preservation, classification, and indexing of the docu-
ments free of charge to the Territory. Through the
intervention of certain persons this act was amended
after its introduction so as to stipulate that all of the
archives found to relate to land titles or to local and
personal matter, and not of great historic importance,
should be returned within one year, and that all the re-
mainder of said archives, upon being properly analyzed
and classified, should within five years of their recep-
tion at Washington be returned to New Mexico. The
result was that when the act was finally passed, as
amended, the authorities at Washington refused to en-
ter into the stipulations as provided for in said act
(chap. 102, Laws of 1903).
"The negotiations of the, Library of Congress had
failed to secure the records; but the incident was not
closed. The authorities at Washington held that these
archives were, always had been, subject to the control
and supervision of the federal government. Acting on
this assumption, the Secretary of the Interior, April
29, 1903, directed the governor of New Mexico to for-
ward the archives to the Interior Department. They
were accordingly expressed from Santa Fe to the de-
partment May 9, 1903. Here they were immediately
turned over to the Librarian of Congress, and were
held to be the property of the United States Govern-
ment, the control of them in the Secretary of the In-
terior, t
"The authority of the Secretary of the Interior to
PREFATORY NOTE xix
turn these records over to the Library of Congress was
alleged to be found in the following Act of Congress,
approved February 25, 1903 :
66 'The head of any executive department or bureau
or any commission of the Government is hereby au-
thorized, from time to time, to turn over to the Li-
brarian of Congress, for the use of the Library of
Congress, any books, maps or other material in the
library of the department, bureau or commission no
lofiger needed for its use, and in the judgment of the
Librarian of Congress appropriate to the uses of the
Library of Congress. '
In this manner were these archives taken away from
the custody of the Territorial officials. It seems to
have required an Act of Congress to accomplish the
deed. Had such a course been pursued in dealing with
any other Territory, such opposition would have been
raised that no Act of Congress could have been passed.
No such course was pursued with California or any
other Territory of the United States. Legally, the gov-
ernment had the right to assert its ownership and con-
trol over these documents, but morally, it was an act
which is justified only by the very excellent work which
has been accomplished by the Librarian of Congress
since they have been in his custody.
This great collection has been stored in the Manu-
scripts Division of the Library of Congress. They con-
sist, approximately, of 20,000 documents, 10,000 in
manuscript containing from 1 to 200 folios, and 10,000
printed, mostly of 1 to 4 folios. Since they have been
in Washington they have all been arranged chronolog-
ically; the sheets have been cleansed, pressed free of
creases, and stored flat; the manuscripts are in 180
xx THE SPANISH ARCHIVES OF NEW MEXICO
half -leather portfolios; the printed material has been,
in part, repaired, mounted, and bound in half -morocco
folio volumes. The unmounted portion is stored flat
in manila jackets.
A calendar, in English, is being prepared, with an in-
dex. This now includes the year 1823. In this com-
pilation this calendar has been employed, not using the
numbers exactly as they have been given by the Libra-
rian. It is stated that these archives, of enormous impor-
tance to the people of New Mexico, will eventually be re-
stored to the State. Of course this is possible but, con-
sidering the efforts which were successfully made in se-
curing them for the Library of Congress, such action on
the part of the general government, even at the request
of a sovereign State, is highly improbable. New Mexi-
cans can congratulate themselves that the records of the
I/* court of private land claims were permitted to remain
in the custody of the surveyor-general. It is of
prime importance that the State have copies of all the
archives at Washington ; it is also essential that those
in the office of the surveyor-general be handled more
carefully when examined by attorneys in courts or in
his office. The same sort of treatment should be ac-
corded those as has been given the archives at Wash-
ington, and photostat copies should be made of both
collections.
The Autos of Don Antonio de Otermin, governor and
captain-general, and the Disculpa of Alonzo Garcia,
lieutenant-general, translations of which are given, con-
sist of the record of events transpiring at the time of the
Pueblo Rebellion which have been available for this pub-
lication. There are still other Autos of Otermin in the
I
PREFATORY NOTE xxi
archives at the City of Mexico, but the unfortunate
course of events occurring in Mexico during the past
few years has made it impossible to secure copies or
translations. Those appearing here, so far as the writer
knows, have not heretofore been published in the Eng-
lish language.
The statement of the private land claims investigated
by the surveyor-general of New Mexico is complete, as
is also that of the cases finally disposed of in the court
of private land claims.
This compilation has been undertaken with the view
of furnishing information promptly and accurately to
those most interested the people of New Mexico. The
cost of publication has been borne in part by the
State. It will be noticed that in some instances the
titles are given in the Spanish language. These, how-
ever, are in the main translated and the contents of
each archive, so far as is indicated by the title, are sug-
gested to the reader. This portion of the catalogue,
with some changes and other modifications, is taken
from the "list" prepared by Mr. Bandelier. The
method being somewhat unscientific when compared
with the work performed under the direction of the
librarian of Congress, which is most thorough, and the
compiler lacking in that peculiar training and pre-
paredness demanded by the rules governing this class
of composition, the want of suitable intellectual equip-
ment is apt to provoke unfavorable comment from
>me scholastic Pharisee.
Comment and criticism of this sort, however, coming
is they usually do from persons whose range of vision
is limited to the four walls of a university quadrangle,
xxii THE SPANISH ARCHIVES OF NEW MEXICO
are harmless. They serve to enlarge the layman's con-
tempt for some methods of educational training and ad-
ministration.
The reading public, however, men actively engaged
in the affairs of the day, have learned to expect noth-
ing but criticism from such sources, and its value is es-
timated accordingly. These critics are paid for such
service and, needs be, future employment must find
apology. There are pleasurable exceptions, but the
rule generally discloses composition from such sources
so hypercritical, so self -assuring, so devoid of the or-
dinary elements of human interest, that it attracts
hardly passing notice. The American reading public
demands a popular style of treatment, combined with
accuracy of statement, from whatever source obtained.
The so-called scientific class, with some exceptions, us-
ually reveals unopened leaves and a final resting place
in the literary scrap-heap.
Notwithstanding the prospect of provoking such
criticism, this work has been arranged with the view
of demonstrating that even a catalogue may be made
interesting as well as profitable reading. To be sure
no " discoveries " are claimed and no missing manu-
scripts have been " recovered/ ' the right of discovery
having been exclusively reserved to some, who for the
sake of being classified among the " Who's Who" of
scholastic recognition, make occasional contributions
a term of scientific significance to periodicals, ve-
hicles for the publication of monographs devoted to
historical research.
The thanks of the writer are tendered to the libra-
rian of Congress for courtesies extended ; to Francis C.
PEEPATOBY NOTE
xxni
Wilson, Esq., of Santa Fe, New Mexico, for the use of
notes relative to the land tenures of the Pueblo Indians
prepared by Mr. Will M. Tipton ; to Miss Florence P.
Spofford, of Washington, D. C. ; and to the many
friends in New Mexico who have permitted the use of
old documents and papers not in the archives, from
which the genealogy of some of our leading New Mex-
ican families has been established.
EALPH EMERSON TWITCHELL
Las Vegas, New Mexico
January 2, 1914
ILLUSTRATIONS
EL PALACIO REAL, SANTA FE, NEW MEXICO . . Frontispiece
DUKE OP ALBURQUERQUE 8
OLDEST ARCHIVE IN OFFICE OF SURVEYOR-GENERAL . . 16
INSCRIPTION ON EL MORRO BY GENERAL DE VARGAS . . 33
INSCRIPTION ON EL MORRO BY CAPTAIN JUAN DE ULIBARRI . 49
COAT OF ARMS OF GENERAL DE VARGAS .... 64
FACSIMILES OF SIGNATURES OF GOVERNORS AND CAPTAINS-GENERAL 96
DON FERNANDO DE ALENCASTRE NORONA Y SILVA, DUKE OF LIN-
ARES 128
DON BALTAZAR DE ZUNIGA, MARQUES DE VALERO, DUKE OF ARION 160
FACSIMILES OF SIGNATURES OF GOVERNORS OF NEW MEXICO . 192
FACSIMILES OF SIGNATUES OF GENERAL DE VARGAS AND CAPTAINS 224
DON JUAN DE ACUNA, MARQUES DE CASA FUERTE . . 256
URRUTIA'S MAP OF SANTA FE 289
DON JUAN ANTONIO DE VIZARRON Y EGUIARRETA . . 320
DON PEDRO DE CASTRO FIGUEROA 384
FACSIMILES OF DISTINGUISHED NEW MEXICANS . . . 416
FACSIMILES OF SIGNATURES OF GOVERNORS AND CAPTAINS-GENER-
AL 432
FACSIMILES OF SIGNATURES OF DISTINGUISHED NEW MEXICANS 448
FACSIMILES OF SIGNATURES OF GOVERNORS OF NEW MEXICO . 464
FACSIMILES OF SIGNATURES OF GOVERNORS OF NEW MEXICO 480
THE SPANISH ARCHIVES OF NEW MEXICO
IN THE OFFICE OF THE SURVEYOR-GENERAL
SANTA FE, NEW MEXICO
1 PEDRO DE ABALOS. March 26, 1685. Town of
Nuestra Senora de Guadalupe de El Paso. Before Don
Domingo Jironza Petriz de Cruzate, Governor and Cap-
tain-General.
Registration of a mine, situate forty-five leagues from
the said town in the little mountain called Fray Cristobal.
Name of mine; Nuestra Senora del Pilar de Zaragoza.
Pedro de Abalos was a soldier of the garrison at the
El Paso presidio at the time of the registry of this mine.
The property was discovered while on the campaign north
with Cruzate for the recovery of the Province. He gave
one-half of the mine to Alonzo Rael de Aguilar; a part
to his brother, Antonio de Abalos, who was also a soldier
of the garrison; also a part to Captain Juan Garcia de
Noriega. Alonzo Rael de Aguilar was also a captain,
married, and with his wife and children was living at
Paso del Norte at the time of this registration.
On the retreat from Santa Fe, in 1680, it was at Fray
Cristobal that a junta de guerra was begun for the con-
sideration of the question of an immediate return to the
Villa of Santa Fe, and an attempt made to drive out the
victorious apostates. The safety of the women and chil-
dren having been provided for, Otermm assembled the
members of the cdbildo of Santa Fe, the frayles, military
officers, and prominent Spaniards who had made their
escape. Fray Ayeta attended the junta and represented
the entire body of Religious; he made offers of assistance
in the way of provisions if the re-conquest was under-
taken. One of the officers who addressed the junta was
Captain Thome Dominguez, who advised the acceptance
of the offer made by the custodio, Fr. Ayeta. The strong-
est opponents to a return, at that time, were Francisco
Gomez Robledo, Alonzo Garcia, and Pedro Duran y
Chaves. The cdbildo of Santa Fe took sides with the
last named, as did also the Captains Pedro Marquez and
2 THE SPANISH ABO! 1 1 V US Ol' N K W M UX FCO
Sebastian de Herrera. Governor oiermm agre.ed vvilh
the calnhlo, ;nid on October .' made announcement, of lii.s
decision. The junta which brought, about, this final de
I <! ruination was concluded when within a, few leagues of
Paso del Norte.
All three of the individuals signing this archive came
north with General De Vargas twelve years later.
The mine was probably situate somewhere west of the
present town of Mngle, Sierra county, New Mexico.
Don Domingo Jironza Petriz de Cruzate was named
governor and captain-general of the province of New
Mexico, referred to in nil INN autos and other official docu-
ments as "Rcino" (kingdom), in the year 1682, succeed-
ing Don Antonio de Oterrnfn. Carlos II senl liim ;is
Visitador to tin- heewnrd IsbmdH. He w;i prorninenl in
Hie WIITH with Portugal. A copy of his coiruniHsion ;ippi-;irs
later in this volume. He had been nle;ilde of Mestitlan
when appointed governor of New Mexico. He endeavored
to regain the province, but failed.
Bancroft sayn that he was succeeded by General Pedro
Reneros de Posada. See archives in office O f ih,- sui-veyor-
for New Mexico, l^ilcs 11. A., R. B., and R. C.,
which it, will b< seen that as late JIH Septemli<
1680, he WMH making grants of land to the pnehlos of
San Juan, Jeme/,, IVeos, and others. These archives, in
my judgment, are spurious. Don Pedro Orli/, Nim IM
dron de Guevarra was his secrelMry of j'overnmrni
jind war at the time. In 1688, Reneros de PoMda
w.-is a general under <'ru/,ale and may have hern a
emor and captain general ad interim. He WMH in a. cam
p.'iign againsl Hie apostates as far north as the pnehlo of
Cia. See affidavit of r.arlolome de O.jeda, Indian of /ia,
where this 1','ict appears. Archivi- Kile K, No. A, S. G. O.
Mscalante says HO, also. Governor Cm/ate joins will)
Oj.-da in making this affidavit, and in it the "affair" at
7,ia is mentioned.
Bancroft, and all f.ho rent err as to flic dale of the ap
pointment of Governor ( Vuzate. He was appointed on
or prior to lli- 'JOlh day of Angnnl, IliS'J. See archive
li::i. which I givr in full as bring of snllicienl. import-
.'ince, thereby settling the conflicting statements of his-
torical writers:
"ONK KMAIj. Third Seal. ONM KKAh. Years OBI
Ihoiisaiid six hundred and seventv ninr and eighty.
(STAMP)- (STAMP)
THE SPANISH ARCHIVES OF NK W MEXICO 3
"I, Thomas Lorenzo Manuel Manrique de la Cerda
llenri(|iie Afan de Rivera Porto Arro and Cardena, c6nde
de Paredes, Marque's de la Lngnna, knight commander of
Moraleja in MM- Order and Knighthood of Alcantara, at
I In- court of HIH Majesty, acting viceroy and governor
and captain-general of New Spain, president of the Royal
Audiencia of the same, having appointed as governor and
captain-general of the province of New Mexico, Captain
Domingo Jironza Petriz de Cruzate and having deter-
mined in general council that it is necessary and proper
in view of the authority I have conferred on the said ap-
point <<-, to make distributions of land, that the governor
of Viscaya be notified thereof, in order that he may con-
fine himself to those which pertain alone to his jurisdic-
tion, and to the end that the one and the other may reci-
procally enjoy a good understanding, each confining him-
self within the limits of his own jurisdiction, having to do
only with th< demarcations of their governments, it being
understood thai, the territory of Vizcaya extends up to the
r-ivcr of N ombre de Dios, otherwise called Sacramento,
and that thence the territory of the government of New
Mexico begins, with which declaration all controversy
will cease.
"I, therefore, command the said Captain Domingo
Jironza Petriz de Cruzate to notify and make known this
decision to Barto1om6 de Estrada of the Order of Santiago
and governor and captain-general of the Royal Province
of Nueva Vizcaya, so that, should he have any representa-
tion to make he may report to this government, confining
himself to the Interior; and I direct said appointee that
lie nrtfc ;iiid compel all Spaniards who may have fled from
Ml Paso and other jurisdictions of I lie Province of New-
Mexico and who may now be within the territory of his
jurisdiction, to return to that place, he reporting to mo
fully of I. lie execution of this mandate and of whatever
lie may deein proper.
"Mexico, August 20, 1682.
"Tin-: CONDE DE PAREDES MARQUES DE LA LAQUNA
[rubric]
"liy Command of I Ms Kxeellency :
VI';I,ASC,>UI<;/ m<; LA OAOENA."
Attached to this archive are, a number of "protests,"
notably one From !he officials of the City of I'arral, in
which is found a great deal of information of great value
dealing wish mining and agricultural matters in that
4 THE SPANISH AECHIVES OF NEW MEXICO
country and protesting against being made a part of
New Mexico.
The Sacramento river is about twenty miles north of
Chihuahua. It was near this river that General Alexander
W. Doniphan fought his battle with the Mexicans in 1847.
Bancroft says that Ojeda's affidavit "mystifies" him.
They (the grants) have mystified others and for just what
purpose they were made at that time does not clearly
appear. However, these are the basic titles to the lands
of the several pueblos mentioned, and upon them the gov-
ernment of the United States acted when the grants were
confirmed to the pueblos. There is at least one prime
authority, Will M. Tipton, who believes that all of these
pueblo grant papers are forgeries.
After the appointment of Don Diego de Vargas Zapata
Lujan Ponce de Leon as governor and captain-general of
New Mexico, Cruzate was named governor of Sonora.
The Indian, Bartolome Ojeda, subsequently fought un-
der De Vargas and is referred to by the latter as ft Mi
Compadre!" He fought at the battle of Potrero Vie jo.
2 ANA DE AECHULETA. February 1, 1696. City of
Santa Fe. Before Diego de Vargas Zapata Lujan Ponce
de Leon, Marques de la Nava Brazinas.
Grant of a small piece of land in the City of Santa Fe.
Captain Juan Garcia de la Riva ; Luis Duran ; Francisco
de la Mora; Gregorio de Archuleta; Lorenzo Madrid;
Domingo de la Barreda; Captain Bartolome Gardufio;
Juan Antonio Barrios; Antonio Alvarez Castillon; Fran-
cisco Joseph Casados; Joseph Manuel Giltomey; Pedro
de Roxas.
General De Vargas began making grants and allotments
of land which had belonged to the Spaniards who left with
Governor Otermm, before he commenced his second en-
trada. He made some shortly after his first entrada. This
archive has a fine signature of De Vargas and those sign-
ing with him. Lorenzo Madrid was a brother of Roque
Madrid, who was sergeant-major under Cruzate; Roque
Madrid was one of the soldiers who escaped from the
Villa with Otermin ; he had a ranch south of the City of
Santa Fe. Captain Juan Garcia de la Riva was after-
ward alcalde of Santa Cruz, named by De Vargas upon
the re-settlement of the Villa Nueva de Santa Cruz de la
Canada. He was also the grantee to a piece of land south
of Santa Fe in the vicinity of the old pueblo of La Cien-
ega.
THE SPANISH ARCHIVES OF NEW MEXICO 5
Of those whose names appear on this archive, in the year
1696, the date when this grant to Ana de Archuleta was
made, Lorenzo Madrid (in those days the Spaniards had
not eliminated the "de" from their names) was an al-
calde at Santa Fe and a member of the cabildo. This
body at that time and during the last year of the term
of office of General De Vargas was composed of Francisco
Romero de Pedraza, Lazaro de Misquia, Diego Montoya,
Jose Garcia Jurado. Captain Lucero de Godoy was sec-
retary of the cabildo.
Domingo de Barreda was secretary of government and
of war.
Eoque Madrid had been promoted by De Vargas from
sargento to t entente-general of cavalry, and he was also
alcalde of Santa Cruz.
CAPTAIN FEANCISCO MATTHEO LUZEEO DE
GODOY and Ana Maria, wife of Juan de Alderete, Ma-
ria Madalena and Francisca, his daughters, to Major
Francisco de Anaya Almazan. April 16, 1697. City
of Santa Fe. Before Captain Diego Arias de Quiros,
Alcalde.
Conveyance of a house and land in the City of Santa Fe.
This is an uncertified copy of the original deed.
Diego Arias de Quiros was a captain; everyone of, the
alcaldes under De Vargas and named by him was an of-
ficer in his army.
Note the date of this instrument. Bancroft says that
the grantee, Francisco Anaya Almazan, was drowned in
the Rio del Norte over a year before the date of this deed.
He errs, because the certificate shows that the grantee
"appeared." Francisco Joseph Casados was an alcalde
of Santa Fe in 1716. Archive 10, q. v.
ANTONIO GUTIERREZ DE FIGUEROA to Antonio
de Aguilera. September 18, 1698. City of Santa Fe.
Before Diego Arias de Quiros, Alcalde.
Conveyance of land in the City of Santa Fe. Certified
copy by the Alcalde.
OLAYA DE OTON to Inez de Aspitia. September 15,
1700. City of Santa Fe. Before Antonio de Aguilera,
Alcalde.
Conveyance of house and land in the city of Santa Fe.
6 THE SPANISH ARCHIVES OF NEW MEXICO
6 AGUSTIN SAES and ANTONIA MAEQUEZ to Juan
de Archibec. November 7, 1701. City of Santa Fe.
Before Joseph Rodriguez, Alcalde.
House and land in the city of Santa Fe.
Juan de Archibec was "Jean L 'Archiveque. " His
widow married Don Bernardino de Sena, to whom was
granted the pueblo of Cuyamungue in 1731. This pueblo
was in existence as late as 1696, when it was finally aban-
doned, and three years later it was given to the Captain
Alonzo Rael de Aguilar.
7 JUAN DE ATIENZA, Protector of the Christian Indians
of New Mexico. Before Don Juan Ignacio Flores Mo-
gollon, Governor and Captain-General.
Question as to land alleged to have been granted to Jo-
seph Quiros and Antonio Duran de Armijo by Don Pedro
Rodriguez Cubero, governor and captain-general. Armijo
sold his part to the Indians of Pojoaque, and Quiros sold
his part to Miguel Tenorio de Alva, who also sold to the
same Indians. Baltazar Trujillo claimed to have bought
part of the land claimed by the Indians. This action was
begun in 1715 and decided the following year. There are
seventeen leaves in this archive.
Controversy relative to certain lands alleged to have
been sold to the Indians of Pojoaque by some Spaniards.
The "Protector" was a sort of "Indian Agent," named
by the government. His chief duty was to defend legally
the rights of the Indians. These protectores were estab-
lished at an early day. At first the prelates of the Indies,
bishops and archbishops, were the protectors. Philip
II established special official protectors. See Real
Cedula of January 10, 1589. Their duties were well de-
fined. They had no jurisdiction over the Indian and no
right to meddle in his affairs. Each Indian of New Spain
had to pay half a real toward defraying expenses incident
to any defense that became necessary in their behalf. See
Real Cedula of June 13, 1623. Philip IV.
This petition by Juan de Atienza, attorney for the In-
dians of New Mexico, relates to lands claimed by the
Indians of Pojoaque. He alleges that the Indians for-
merly held certain lands which Governor Pedro Rodriguez
Cubero saw fit to grant to Joseph de Quiros and Antonio
Duran de Armijo ; that the latter sold his part to the In-
dians, transferring to them the grant made by Governor
THE SPANISH AECHIVES OF NEW MEXICO 7
Kodriguez ; that Quiros sold his part of the land to Miguel
Tenorio de Alva, who sold it to the Indians. The peti-
tioner further relates that almost half of the land bought
of Tenorio by the Indians is claimed by Baltazar Trujillo,
who states that he bought it of Tenorio, and who exhibits
a certified copy of a deed to the latter from Quiros. The
petitioner asks that such steps be taken as will enable
him to appear before the governor of the kingdom in
such manner as to secure a decision favorable to the In-
dians.
This petition bears no date, but was presented to Jo-
seph Trujillo, chief alcalde and war-captain of the Villa
Nueva de Santa Cruz, on May 16, 1715.
That officer then took the testimony of the following
persons: Captain Miguel Tenorio de Alva, Captain Bal-
tazar Trujillo, an Indian named Juanillo, another named
Lucas de Abenbua, another named Francisco Canjuebe,
alias Bollo, and three others, named respectively Miguel,
Tomas, and Pablo.
This testimony seems to indicate that probably Tenorio
had sold a part of the land to the Indians and another
part to Trujillo, and that some of the Indians had not
paid their portion of the purchase price. Tenorio appears
to have considered the sale as one made to Indians indi-
vidually, and not to the pueblo of Pojoaque.
After the testimony was taken on the 17th and 24th
days of May, 1715, it was delivered to the Indians* attor-
ney, Juan de Atienza, in order that he might make such
use of it as he deemed proper in the interest of the In-
dians.
On June 12, 1715, Atienza presented to Governor Juan
Ygnacio Flores Mogollon a petition setting forth the steps
he had taken in the matter and asking that the governor
do justice to the Indians.
The governor at once appointed Alonzo (or Alfonso)
Rael de Aguilar to investigate the matter, and report to
him.
This officer, on June 14, 1715, issued an order for Cap-
tain Miguel Tenorio de Alba to present to him the titles
and papers upon which he based his right to sell the land
in question; and on the same date he made an entry to
the effect that he had personally notified Tenorio and that
the latter had stated that he would obey the order.
On June 19, 1715, Tenorio made a written statement,
which he presented to Rael de Aguilar, in which he calls
8 THE SPANISH ARCHIVES OF NEW MEXICO
attention to a certified copy of a deed which he presents
for inspection, stating that the original thereof is in the
government archives. He also refers to the grant under
which Joseph de Quiros had held the lands in question,
which grant he states was made to Quiros and his son-in-
law, Antonio Duran de Armijo. He refers also to a me-
morial which he presented to the Marquis of Penuela (a
former governor of New Mexico) in regard to the Indians
being obliged to pay him what they still owed on the land.
The three documents referred to by Tenorio are parts
of this archive. The first begins on page 1 of leaf 16. It
is a copy of a deed, dated December 16, 1703, by Joseph
de Quiros to Miguel Tenorio de Alba, and the correctness
of the copy is certified to by Cristobal de Gongora, secre-
tary of the town council of Santa Fe. This deed is for a
portion of the land claimed by Quiros under the grant
made by Governor Rodriguez. The land sold is described
as consisting of three fanegas of corn-planting land,
which, according to calculations based on data found in
" Ordenanzas de Tierras y Aguas," by Mariano Galvan,
Paris, 1868, p. 164 (see also Hall's Mexican Law, p. 82),
would amount to about 26.45 acres. The boundaries are
described as follows: "On one side, which is that of the
north, by some hills, on the south by the river; on the
east by San Juan bluff ; and on the west by lands of Juan
Trujillo." The consideration was 130 pesos.
The second document cited by Tenorio begins on page
1 of leaf 14, of this archive. It consists of a petition by
Antonio Duran de Armijo and Joseph de Quiros, directed
to the governor and captain-general of New Mexico, ask-
ing for a grant of a piece of cultivable land located be-
tween the San Juan road and the Jacona bluffs. The
boundaries were: "On the north side, the hill as we go
to the new town (Santa Cruz de la Canada) ; and on the
south side the river which comes from Pojoaque; and on
the east side the San Juan road ; and on the west side the
rocky bluffs (penascos) which look toward Jacona." This
petition was presented to Governor Pedro Rodriguez Cu-
bero on September 10, 1701, and on that date he made
the grant and ordered the chief alcalde of Santa Cruz, or
his deputy, to place the grantees in possession of the land.
On September 12, 1701, the chief alcalde, Roque Madrid,
gave the possession with the following boundaries: "On
the east side by a main road which goes to San Juan ; on
the west side by a precipitously crested red hill (un
DUKE OF ALBURQUERQUE
Viceroy of Mexico
THE SPANISH ARCHIVES OF NEW MEXICO 9
creston Colorado) ; on the north side by the hills; and on
the south side by the river which comes down from the
pueblo of Nartibe.
Immediately after this act of possession, in a different
handwriting from any in the muniments, is the follow-
ing: "I transfer this grant to Francisco Canjuebe (Fran-
cisco Joseph Casados being witness) and he agrees to pay
me at harvest time. ' ' There is no signature.
The third document referred to by Tenorio is leaf 13
of this archive. It is what he terms a memorial. In it he
sets forth that he had sold to the Indians of Pojoaque
about three fanegas of corn planting land, for the same
price for which he had bought it 130 pesos, and that
after the lapse of two years they were still in arrears on
the payment. He asks that they be compelled to pay him
what they owed him. In a marginal note dated April 10,
1712, the Marquis of Penuela, then governor of New Mex-
ico, to whom the memorial was directed, told Tenorio to
apply to the chief alcalde of Santa Cruz, or his deputy,
and ordered the latter to compel the Indians to pay the
debt or to cease using the land, which upon the re-payment
to the Indians of what they had advanced on it might be
sold by its owner to whomsoever he saw fit.
Tenorio ? s statement of June 19, 1715, when presented
to Rael de Aguilar, was accompanied by the titles to the
land and other documentary evidence, as is shown by a
marginal note on the first page of leaf 9.
After Tenorio 's statement the next document, in chron-
ological order, is a petition by Juan de Atienza, attorney
for the Indians, calling attention to the proceedings had
in the time of Governor Juan Ignacio Flores Mogollon,
and asks that they be examined, and that justice be done
to the Indians.
This petition was presented to Felix Martinez, governor
of New Mexico, and on April 30, 1716, he issued an order
in which he states that as Alonso [Alfonso] Rael de
Aguilar had acted in connection with such proceedings
he was directed to present them to the governor for the
latter 's examination and decision.
Near the bottom of the second page of leaf 16, follow-
ing the certified copy of the deed from Joseph de Quiros
to Miguel Tenorio de Alba, is Rael de Aguilar 's state-
ment that the proceedings had not been concluded on ac-
count of the absence from Santa Fe of Juan de Atienza,
and because Rael de Aguilar 's commission had expired
10 THE SPANISH AECHIVES OF NEW MEXICO
when Governor Martinez succeeded Governor Flores. But
he transmits the proceedings uncompleted to the governor
to be deposited in the archives.
8 DIEGO AEIAS DE QUIROS, July 24, 1715. City of
Santa Fe.
Eelative to the opening of a spring in the Cienega. The
court house and a number of private residences now oc-
cupy this tract, which was granted to the cdbildo of Santa
Fe, August 20, 1715, as appears by the following, on file
in the office of the surveyor-general . File 4.
Copy of documents of 1715 referring to the cienega, to
the streets of Santa Fe, and their being obstructed by
buildings; mention is made of the "Calle Real de San
Francisco" and of the old church of the same name on
the plaza. There is also a grant to the Captain Diego
Arias de Quiros of a spring and reservoir which he had
constructed in the cienega.
"I, Don Juan Ygnacio Flores Mogollon, governor and
captain-general of this kingdom and provinces of New
Mexico, and commander of its forces and garrisons for
his majesty, &c. WHEREAS, on the 24th day of the month
of July past, the illustrious cabildo of this town made a
presentation to me with regard to various matters, and
one of them was that, whereas the swamp (cienega} that
lies to one side of this castle, looking to the east, is royal
domain, that it should be adjudicated as municipal land
(propios) of the town, in the name of his majesty, so
that the inhabitants may enjoy the benefit and use of
cutting hay for their animals as they have done hereto-
fore and are doing until now, and because in an order
I issued at the foot of said presentation on the 27th day
of the said month of July, making provisions with regard
to the other points stated to me in said representation, I
say that because this petition is so justified, and because
the said swamp (cienega) is royal domain, I make it the
grant in the name of his majesty (whom may God pre-
serve) , and I order that a portion of it should be executed
by virtue of the faculty conferred on me on account of
my office, I grant to the said illustrious cdbildo the said
swamp (cienega') in the condition in which it is at pres-
ent, for the reason that a piece thereof has been adjudi-
cated to Captain Diego Arias de Quiros, on which he has
introduced himself for many days by farming on it;
likewise did I grant him a small spring of [torn] that he
THE SPANISH ARCHIVES OF NEW MEXICO 11
had taken out making a tank in order to be able to irri-
gate [torn]. As all appears from the proceedings that
[torn] spring or tank were formed [torn], cabildo, and
that he may become acquainted with all the points of his
representation, and the condition with which I have made
the said grant for the said tank and piece of swamp (cie-
nega}, farmed by the said Captain Diego Arias, in order
that said illustrious cabildo may ask whenever he fails in
any of the circumstances with which I made him the
grant ; and likewise shall it be able to ask as against other
persons that having obstructed the inlets and outlets, and
ancient streets of this town, I order that testimomo of
said proceedings shall be given to it literally, said pro-
ceedings being now in the office of the secretary of this
government, in order that said illustrious cabildo may
keep it in its archive, and that it may there always ap-
pear; and of this grant, with regard that the swamp
(cienega] has been adjudicated to it record shall be made
(se tomare razon) in the book of grants and entries of
this government. It is done at this town of Santa Fe, of
New Mexico, on the 20th day of August, 1715, and I
signed it with my secretary of government and war.
"DON JUAN YGNACIO FLORES MOGOLLON
"By command of his excellency the governor and cap-
tain-general: ROQUE DE PINTTO [rubric]
"Secretary of Government and War.
"I made the record on said day (toma la razon)."
The question of title to lands in the "cienega" was not
finally settled until the Congress of the United States
empowered the City of Santa Fe to make quit-claim to
lands held within the areas prescribed by the act. The
title was in question shortly before the American Occupa-
tion, during the administration of Governor Mariano
Martinez.
9 JUAN ALONZO DE MONDRAGON and SEBASTI-
ANA TRUXILLO to Francisca Antonio De Eguijosa.
Villa Nueva de Santa Cruz, May 19, 1716. Before
Juan Garcia de las Rivas, Alcalde.
Conveyance of lands. This property is located in the
present county of Rio Arriba, New Mexico.
10 CRISTOBAL MARTIN and ANTONIO DE MORAGA
to Captain Diego Arias de Quiros. 1716. City of San-
ta Fe. Before Francisco Joseph Cassados, Alcalde.
12 THE SPANISH ARCHIVES OF NEW MEXICO
Conveyance of lands in the city of Santa Fe. This item
is in a very badly damaged condition.
11 BERNARDO CASILLAS to Juan Estevan de Apodaca.
City of Santa Fe. December 29, 1716.
Conveyance of house and lands. County of Santa Fe.
Before Juan Garcia de las Rivas, Alcalde.
12 DIEGO ARIAS DE QUIROS. March 23, 1717. City
of Santa Fe. Before Juan Paez Hurtado, Governor
and Captain-General.
Grant of a lead mine, situate five leagues from Santa Fe,
between La Cienega and La Cieneguilla. This is in the
southern part of the county of Santa Fe, near the mining
district at one time called the Bonanza; about nine miles
from Los Cerrillos, on the line of the Atchison, Topeka
and Santa Fe Railway. In this locality afterwards were
found and located many prospects, and mines bearing
silver, lead, and zinc. The famous turquoise mines are
close by.
De Vargas re-assumed the office of governor and cap-
tain-general on November 10, 1703. In the spring of the
year following he inaugurated and led a campaign against
the Faraon Apaches, in the Sandia mountains; he was
taken ill while upon this campaign and died suddenly at
Bernalillo, April 8, 1704. His remains were taken to
Santa Fe and were buried in the church. See archive
1027 ; his will.
Bancroft says that Don Francisco Cuervo y Valdez as-
sumed the office of governor ad interim on March 10, 1705.
This is a mistake. Six months before this date, August 4,
1704, he was already in office, as a suit at law involving
the title to lands was tried before him. See archive 295,
Antonio Bas Gonzales vs. Diego Arias de Quiros. Don
Juan Paez Hurtado, the friend of De Vargas, did not
serve, as Bancroft says, until March 10, 1705, for the
reason that on August 4, 1704, he was present at this trial
and signed the proceedings.
13 JUAN DE ARCHIVEQUE. 1721.
Inventory and partition of his estate; made by the Cap-
tain Bueno de Bohorquez y Corcuera. In the City of
Santa Fe. The item contains ninety-eight pages.
With it is a document of four pages, being a certified
copy of an order of the viceroy of New Spain defining
THE SPANISH ARCHIVES OF NEW MEXICO 13
the boundary line between Nueva Vizcaya and Nuevo
Mexico. The original order was dated at the City of
Mexico, August 2, 1682. See note to archive 6, ante.
Ad. F. Bandelier was the first writer in English to
identify this man as the Jean LArcheveque of the ill-
fated La Salle expedition. An account of his purchase
from the Texas Indians by Governor Alonzo Leon is given
by Palacio Eivas in his A Traves de Los Siglos, published
several years prior to Mr. Bandelier 's article appearing in
the Nation, August 30, 1888, as follows :
"Two months ago, while searching the archives of the
Pueblo of Ka-Po or Santa Clara (New Mexico) for docu-
ments of historical import, in behalf of the Hemenway
Southwestern Archaeological Expedition, my attention
was drawn, among others, to the great number of manu-
scripts called in Spanish Diligencias matrimoniales. They
are investigations made on the petition of parties apply-
ing for license to marry, and consist in the main of the
application of him or her, and of the examination of wit-
nesses in regard to the standing of the applicants, their
relations towards each other, etc. Among these I found
one at Santa Clara headed: 'Ynformacion de Pedro
Meusnier, frances. 1699.' The fact that Frenchmen
should be found in New Mexico at such an early date,
and in face of the stringent laws of Spain against the
admittance of foreigners into the colonies, appeared in-
teresting. My interest soon increased upon discovering
that Meusnier had come over to America in the fleet com-
manded by 'Monsieur de La Sala' in 1684. This is testi-
fied to by two witnesses, one of whom signs himself Juan
de Archeveque, while the other, rather illiterate, has not
signed, but states in his deposition that he is a native of
La Rochelle, and his name is given as * Santiago Groslee. '
Both these witnesses claim to have come over with Meus-
nier in the same fleet, and in the year 1684 also. Both
Meusnier and Archeveque were in 1699 soldiers of the
garrison of Santa Fe ; Groslee was a resident of that town.
"There was only one LArcheveque in La Salle 's ill-
fated expedition, and the evidence seemed quite conclu-
sive that this was the one whose signature I had before
me at Santa Clara. Mr. Parkman, to whom I communi-
cated the fact, also inclined to the belief that he was the
fellow who enticed La Salle into the fatal snare, while
Groslee seemed to be Grollet, the sailor. I have since
found the latter as Grolle and Groli in two official docu-
14 THE SPANISH AECHIVES OF NEW MEXICO
ments now in my possession. As late as 1705 he was a
resident of the little town of Bernalillo, on the Rio
Grande. Of Meusnier I have not been able to find any
further trace as yet.
"But the chief interest to me rested in the person of
L 'Archeveque, the more so since there is to-day in New
Mexico a family calling themselves Archibeque, and of
whom it is surmised, at least, that they are of French
descent. Furthermore, I had met, in documents ante-
dating 1720, the name and declarations of a Captain Juan
de Archeveque. It was but natural to suspect that the
Captain of the War Councils of 1715 and of 1720 was
the same man as the private soldier of 1699 ; the more so
since at the latter council, where the project of the ill-
fated reconnoissance to the Arkansas river was discussed,
the said Capt. Archibeque strongly recommended it, al-
leging in its favor, along other reasons, that it would
procure definite information in regard to 'his country-
men the French/
"Researches at the archives of the U. S. Surveyor-
General's office at Santa Fe brought to light documents
which impart valuable information. There is in the first
place a transfer to Juan de Archibeque, 'a soldier,' of
certain real estate in Santa Fe, in the year 1701. Lastly
there is the Inventory of the goods and chattels of the
Captain Juan de Archibeque, a Frenchman, bearing date
1720. From this manuscript we gather that our man ac-
companied the expedition to the Arkansas which he had
so strongly advocated, and that he, with some forty-three
other Spaniards, was killed there by the Pawnee Indians
on the 17th of August of the same year.
"We further gather that Archibeque was twice mar-
ried, and left two legitimate and two illegitimate chil-
dren; that after leaving the military service he became
a successful trader, extending his trading tours to Sonora,
and sometimes buying directly at the City of Mexico. His
estate, after settlement, yielded 6,118 pesos to the heirs,
an amount quite respectable at the time. Upon a second
visit to Santa Clara I found there at last the Diligencia
matrimonial of L'Archeueque alias Archibeque. It bears
date 1697, and his (first) wife was the widow of Thomas
de Ytta, murdered in 1694 near Zacatecas by a mulatto.
She herself was a native of Tezcuco, in the valley of
Mexico."
THE SPANISH AECHIVES OF NEW MEXICO 15
Felipe de Tamaris, a soldier of the Santa Fe garrison,
who had accompanied Villasur to the Platte, brought the
news of the defeat of the Spaniards by the French and
Pawnees, on the 6th of September, 1720. There were
a few other survivors.
A JOSEPH DE ATIENZA. Villa Nueva de Santa Cruz.
April 14, 1722.
A petition for land. It was referred on the same day to
Captain Alonzo Rael de Aguilar by Don Juan Domingo
de Bustarnante, governor and captain-general.
Captain Alonzo Rael de Aguilar was one of the re-
conquistador es ; he was secretary of government and war.
The tract known as "Cerrillos" was granted to him by
General De Vargas at the time of the first entrada, as ap-
pears from the following archives :
On the 20th of April, 1788, Josef Miguel de la Pena
asked for a piece of land called "Los Cerrillos" which
said tract "when this province was conquered belonged
to Don Alonzo Rael de Aguilar, who was my wife, Maria
Rael's grandfather, and having left it so many years un-
occupied, and Don Alonzo having lost the right he had to
it," possession was given to the applicant and the other
heirs of Don Alonzo de Aguilar by Don Josef Antonio
Ortiz under orders of the lieutenant-colonel and political
governor, Don Fernando de la Concha; the boundaries
of the land being on the north the Canada Guicu and
lands of Los Bacas ; on the south by the Cerros Altos ; on
the east by the road that goes to Galisteo. Mention is
made of lands belonging to Don Cleto Miera y Pacheco.
Josef Miguel de la Pena, for the sum of $450.00, in 1791,
sold the property to Don Cleto de Miera. This property
later belonged to Colonel Manuel Delgado, who was sec-
ond in command in New Mexico under General de la
Concha. Upon this property was a mine known as the
"Mina del Toro."
The heirs in the year 1750 of the conquistador Alfonso
Rael de Aguilar were : Eusebio de Aguilar ; Juan Rael
de Aguilar; Antonia Teresa Rael de Aguilar; Francisco
Rael de Aguilar; and children of the deceased Alfonso
Rael de Aguilar, and the children of Feliciano Rael de
Aguilar. Don Diego de Vargas granted the Cerrillos tract
to the elder Alfonso Rael de Aguilar. In the year 1696
the elder Rael de Aguilar retired from Los Cerrillos by the
order of General de Vargas, where he had lived four years
16 THE SPANISH ARCHIVES OF NEW MEXICO
and built houses, the ruins of which were visible in 1750.
In that year Juan Rael de Aguilar, one of the heirs, was
in the city of Santa Fe, but he was then a resident of the
city of Chihuahua, but was willing to return "as soon as
your excellency shall deign to concede us the said grant. ' '
The original grant to Alonso Rael de Aguilar, the sec-
retary of government and war under De Vargas, was as
follows :
' ' His EXCELLENCY THE GOVERNOR AND CAPTAIN-GENERAL :
"I, Ensign Alfonso Rael de Aguilar, a soldier and sec-
retary of state and war of this province of New Mexico,
by appointment of your excellency, before whom I ap-
pear and state : That considering that this said province
of Mexico is now reduced and conquered, it having cost
your excellency much watching, much care, and great
expense, I enter a tract of land situated from this city
of Santa Fe from four to five leagues, and called the
Cerrillos tract, for which your excellency will please make
me in the name of His Majesty a grant, as one of the
conquering soldiers that have come with your excellency,
which tract of land I ask, with its entrances, and exits,
uses and customs, as well as the water, pasturage, and
watering-places, as the same were enjoyed by the former
settlers of the tract. I ask and pray in due humility that
your excellency be pleased to concede and make me, in
the name of His Majesty, a grant for said tract of land,
as I am a poor married man, with children, and I trust
that your excellency will grant me, as I have requested;
and I declare in due form of law that this my petition
and entry is not made in dissimulation, and as may be
necessary, etc. ALFONSO RAEL DE AGUILAR. ' '
"At this fortified town and garrison aforementioned,
of the city of Santa Fe, in the province of New Mexico, on
the 18th day of the month of September, in the year 1692,
before me, Diego de Vargas Zapata y Lujan Ponce de Leon,
His Majesty's governor and captain general of this said
province, and its domain and districts and castellan of the
forces and garrisons therein, the foregoing petition was
presented by the petitioner, who is a soldier at this gar-
rison, and my secretary of state and war, and in consider-
ation of his services and of the loyalty with which he has
served, and the love he has borne His Majesty, I, the said
governor and captain general do, in the name of His
Majesty, make him a grant for the land, together with its
#<x/7l<*l*. &TW^/**Su <-
PAGE FROM OLDEST ARCHIVE IN OFFICE OF SURVEYOR-GENERAL
With Signature of Don Antonio Otermin, Governor and Captain-
General of New Mexico
THE SPANISH ARCHIVES OF NEW MEXICO 17
pasturage, waters, timber, watering-places, uses and cus-
toms, and the appurtenances, so that at his will he may,
'God, the father willing,' enjoy the same for himself and
his heirs, as the will of our Lord, the King, in whose
royal name, and in consideration of the merits and services
of the party, I do make to him the said grant. In testi-
mony whereof I signed this with two witnesses, the same
being the captain and ensign of this garrison, and I re-
turned to the party the said petition, and the granting de-
cree thereon, in the presence of Sergeant Major Fernando
de Chavez and Captain Antonio Jorge, residents of this
said province, and participants in the said conquest.
" DIEGO DE VARGAS ZAP ATA LUJAN PONCE DE LEON
"ROQUE MADRID
"JUAN DE DlOS LUZERO DE GODOY"
Don Juan Domingo de Bustamante had been exercising
the functions of governor and captain-general a little over
a month at the time this petition was presented. He was
governor during two terms, the second ending in
1731. He was a great Indian campaigner and led
all the campaigns during his rule. It was during
his administration that the controversy arose between
the Franciscans and the bishop of Durango. In this
controversy Rael de Aguilar took side with the frayles,
while General Juan Paez Hurtado, a companion in
arms, was against them. Bustamante was tried on the
charge of "illegal trade" and found guilty.
This archive proves conclusively that the Estancia of
Los Cerrillos was occupied before the rebellion of 1680.
Diego Arias de Quiros, in addition to being an alcalde,
was a captain. All of the prominent soldiers also occu-
pied civil positions. In this way a great deal of com-
plaint arose on the part of the Franciscan friars, although
a search of all available records does not sustain the charge
that the officers were brutal in their treatment of the In-
dians, although it is rather apparent that the officers made
everything possible in a pecuniary way out of their po-
sitions, both civil and military.
F. Carlos Delgado in his Informe says that the alcaldes
were creatures of the governor, each one appointed on con-
dition that he make all he can and divide with the gov-
ernor. It is certain that the Spaniards made the Indians
pay quite a tax in the shape of cotton cloths, working in
the fields, etc.
18 THE SPANISH ARCHIVES OF NEW MEXICO
The father of Roque Madrid had a rancho near the
Cerrillos. Captain Roque Madrid worked a prospect at
Cerrillos for the purpose of obtaining lead for the guns of
the Spanish soldiers.
It was also said that the governors sent to New Mexico
were compelled to pay tribute to the viceroys to whom
they owed their appointments. See letter of Fr. Suarez
where he says: "Pero, muy catolico Rey y Senor, como
los que vienen son criados de los virreyes, o compran los
officios, &c."
In the beginning, subsequent to the conquest of Mexico
by Hernando Cortes, it seems that all offices were given
more as favors than as rewards for services to the crown.
General Juan Paez Hurtado had special charge of the
colonists who came back with De Vargas in 1693. When
charges were preferred against De Vargas, Hurtado was
also accused. His arrest was ordered by Governor Cu-
bero; he was charged with defrauding the colonists of
half the royal allowance to each; after the death of De
Vargas he served as governor ad interim until the arrival
of Governor Cuervo y Valdes, in the summer of 1704.
Governor Cuervo commissioned him as general. In 1715
he made a campaign against the Apaches. In 1716, when
Governor Martinez was ordered to report to the viceroy at
Mexico, Martinez tried to leave him in charge at Santa
Fe as governor; he probably filled the office for a short
period until Valverde assumed the office; he was lieuten-
ant-general in 1724.
De Vargas's term of office expired in 1696, but he was
still in office in that year ; see archive No. 2.
Don Pedro Rodriguez Cubero took possession of the
office of governor on the 4th of July, 1697. He had a
commission as juez de residencies ; De Vargas gave up the
office unwillingly and Cubero became his enemy; the
cdbildo of Santa Fe were enemies of De Vargas because
he kept his promises with the Indians and restored cap-
tives who were slaves and servants of the Spanish settlers
and officers; he treated De Vargas very cruelly; found
him guilty of charges of embezzlement. Cubero made a
tour of the pueblos of the province. In 1703, Cubero
learned that De Vargas had been exonerated and re-ap-
pointed and left the country without meeting De V., who
was now Marques de la Nava de Brazinas. He was after-
wards made governor of Maracaibo and died in Mexico
the year after he left Santa Fe.
THE SPANISH ARCHIVES OF NEW MEXICO 19
IGNACIO LOSANO to. Joseph de Armijo. May 15,
1727. City of Santa Fe. Before Diego Arias de Quiros,
Alcalde.
Conveyance of a house and land.
ANTONIA and FEANCISCA MAESE to Alonzo Eael
de Aguilar. June 10, 1727. City of Santa Fe.
Conveyance of land. Before Diego Arias de Quiros, Al-
calde. One of these grantees was the wife of Nicolas
Ortiz Nino Ladron de Guevara, who was an owner in the
Caja del Rio Grant.
17 MIGUEL DE AECHIVEQUE.
August 14, 1727. City of Santa Fe. Will. He was the
son of Captain Juan de Archibeque.
18 LORENZO GRIEGO to Teresa Ansures. December
ber 20, 1734. City of Santa Fe.
Conveyance of land. Before Geronimo Xaramillo, Al-
calde.
19 JUANA MARTIN to Juan de Apodaca. September
20, 1734. City of Santa Fe.
Conveyance of land. Before Antonio de Uribarri, Alcalde.
Antonio de Uribarri was also a captain. He took part
in the troubles between the bishop of Durango and the
Franciscans. He held the position of alcalde of Santa Fe
for more than fifteen years. The alcalde mayor of Santa
Fe at this time was Francisco Bueno de Bohorques y
Corcuera, who was also a captain in the army. There
seem to have been four alcaldes of Santa Fe at this time.
20 LAZARO DE ATIENSA versus ANTONIO MARTIN.
Suit over land. September 30, 1735. Before Juan Este-
ban Garzia de Noriega, Alcalde. Sitio del Ojo Caliente,
Rio Arriba county, New Mexico. Before Gervasio Cruzat
y Gongora, Governor and Captain-General.
Juan Estevan Garcia de Noriega was the son of Juan
Garcia de Noriega, an officer under Cruzate and later
with De Vargas.
Don Gervasio Cruzat y Gongora held the office of gov-
ernor five years, succeeding Don Juan Domingo de Busta-
mante in the year 1731. He took evidence for the bishop
of Durango in his contest with the Franciscans. It is
20 THE SPANISH ARCHIVES OF NEW MEXICO
certain that he was acting in 1731 : see archive 317. He
founded a mission of Jicarilla Apaches on the Rio Tram-
pas, Taos county, in 1733. Pr. Juan Mirabal was the
Franciscan who looked after this mission. Fr. Mirabal
thought that inasmuch as the Jicarillas were Christians
they had a right to make war on the Comanches, who
were not.
21 JUANA DE LOS EEYES PEEEA to Francisco Angel.
September 20, 1738. City of Santa Fe.
Conveyance of land. Before Captain Antonio Montoya,
Alcalde. Antonio Montoya was a celebrated Indian
fighter.
22 ANTONIO DE ULIBAEEI to Francisco Xavier Angel.
August 5, 1738. City of Santa Fe.
Conveyance of lands. Before Captain Antonio Montoya,
Alcalde.
23 PASCUALA PADILLA to Agustin de Archibeque.
May 17, 1739. City of Santa Fe.
Conveyance of lands. Before Antonio Montoya, Alcalde.
Agustin de Archibeque was the son of Juan de Archi-
veque.
24 JUAN JOSE DE AECHULETA. August 20, 1742.
City of Santa Fe.
Grant made by Governor and Captain-General Don Gas-
par Domingo de Mendoza. This tract of land lies about
a mile below the City of Santa Fe.
Don Gaspar Domingo de Mendoza was appointed gov-
ernor on May 12, 1737, but did not assume the duties of
his office until the month of January, 1739. He contin-
ued in office until 1743. In 1740, some Frenchmen came
into the province by way. of Taos, two of whom remained
at Santa Fe. One of these was named Louis Marie; he
had some trouble with the authorities, and was shot in
the plaza by order of Mendoza. There were nine of them
in the party. Villasefior says they settled near Albur-
querque; this must be the settlement near Isleta, called
Canada and later Fuenclara and Limpid Conception.
Among these Frenchmen were the Mallet brothers. They
came from the French settlements on the Mississippi
river. They followed up the Missouri river for a long
distance, thinking that was the route. They found out
THE SPANISH ARCHIVES OF NEW MEXICO 21
from some Aricara Indians that they were mistaken and
were shown by them the route. They arrived at Santa
Fe July 22, 1739, and on the first of May, 1740, leaving
two of them at Santa Fe ; only three went back and these
returned by way of the Pawnee villages; some of them
returned by way of the Arkansas river and the Mississippi
to New Orleans, it is stated.
The next Frenchman to come to Santa Fe was Baptiste
LaLande, who came there in 1804. At least he told Ma-
jor Zebulon Pike, in 1807, that he had been in Santa Fe
three years.
During the administration of Don Joachim Codallos y
Rabal, who succeeded Mendoza, thirty-three Frenchmen
visited the Jicarillas and Comanches and sold them a lot
of guns. Governor Codallos thought that some of those
who had come in 1739 were in this party and that the
French were hostile in their intentions.
25 JUAN ANTONIO AECHULETA and LEONAEDO
GONZALES.
A grant of land. September 4, 1742. City of Santa Fe.
Made by Don Gaspar Domingo de Mendoza, governor and
captain-general. The land is situate near Santa Fe, close
by a little hill called "Serrito de Lara."
26 VICENTE DE ABMIJO.
Will. November 15, 1743. City of Santa Fe. Before
Don Antonio de Ulibarri, Alcalde.
The full name of this "re-conquistador" was Vinceute
Duran de Armijo. In 1739, he made application to Gov-
ernor Mendoza for a tract of land near the pueblo of
Nambe. The petition recites several points of historical
interest, and the disposition to guard the interests of the
Indians is manifest in the act of possession, both of which
are as follows :
"To His EXCELLENCY, THE GOVERNOR AND CAPTAIN-GEN-
ERAL:
"Vincente Duran de Armijo, resident of the Villa de
Santa Fe, and settler and conqueror of the Kingdom of
New Mexico, appears at your excellency 's feet in the most
approved manner the law allows, and states : That having
experienced innumerable sufferings and hunger and
nakedness, and other misfortunes we have undergone in
this poor kingdom, on account of having lost our personal
labor in our corn and wheat fields, with which we were
22 THE SPANISH ARCHIVES OF NEW MEXICO
to meet our obligations, owing to the scarcity of water in
the river running through the city, which arises from
the absence of rain for some time back, and our personal
labor upon our grain crops being useless as they have all
failed; and having been one of the settlers of this king-
dom from the year '94, and always ready armed and
equipped, at my own expense, to go upon any campaign
or expedition whenever required as a loyal subject of
His Majesty, whom may God preserve; This, sir, has
always been [torn] having been in the army which has
gone on said campaigns and expeditions against the hos-
tile Indians who inhabit these parts of the kingdom at
this time. Sir, I have by my exertions accumulated a
little capital with a great risk to my life by making jour-
neys to the outer country, and have become the owner
of a certain amount of live stock which is not secure from
the hostile attacks of the Indians, who on certain occa-
sions inhabit the country where my stock is pastured;
and I have had warning from two cows belonging to me
which have been killed by the enemy during the present
year.
"I have seen proper to register a piece of land which
is a surplus beyond the lands of the friendly Indians of
the pueblo of Na/mbe, without disturbing the pastures or
waters upon which the herds of this royal garrison or the
animals of the aforesaid Indians are pastured, nor any
other person using said lands. It contains about six
fanegas of wheat and two of corn, and its boundaries are
as follows: on the north it is bounded by an arroyo; on
the south by the lands of Bernardo de Sena; on the east
by a mountain; on the west by lands of the aforemen-
tioned Indians of Nambe.
"This piece of land, in the name of the King, our sov-
ereign, whom may God preserve [torn] four fam-
ilies whom I have emancipated my children, that the
piece of land "in this city is not sufficient for all ; and by
granting us the aforesaid land we may receive some ben-
efit from our labor, and my cattle will be secure from
the enemy, to be with pastures and watering places, and
that royal permission be given me in the name of His
Majesty; and I swear that this, my petition is not made
through malice, etc. VINCENTE DUBAN DE ARMIJO ' '
ROYAL POSSESSION
"In the City of Santa Fe, capital of the kingdom of
New Mexico, on the twenty-fifth day of September, in
THE SPANISH AECHIVES OF NEW MEXICO 23
the year one thousand seven hundred and thirty-nine, I,
Don Gaspar Domingo de Mendoza, governor and captain-
general of said Kingdom by his Majesty, whom may God
preserve, having seen the above, considered it as pre-
sented, and having ascertained its contents, I ordered that
possession be given to the petitioner of the land he solicits.
It is not, however the land he mentions in his petition,
the Indians of the adjoining pueblo having objected to
his having the land he asks for; although I caused the
Indians of said pueblo to appear before me, who before
the petitioner, declared themselves pleased that the land
should be given to him in the vicinity of their pueblo
where no injury would result to them. Therefore, I or-
der and direct the senior justice of the proper jurisdic-
tion to proceed to place him in possession of said lands
in the name of His Majesty, in order that he may settle
upon, cultivate and improve them according to the royal
decrees, for himself, children, heirs, successors and others
having a better right thereto; establishing his boundaries
with all the formalities required in the royal grants, so
that by virtue of these formalities all difficulties may be
prevented in the future. I so provided, signed and or-
dered with my attending witnesses, acting by appoint-
ment, in the absence of a royal or public notary, there
being none in this Kingdom, and on this common paper,
there being none which is stamped.
"DON GASPAR DOMINGO DE MENDOZA
"Witnesses:
" DIEGO DE UGARTE
"JOSEPH DE TERRUS"
"On the fifth day of the month of October of the
present year, one thousand seven hundred and thirty-
nine, I, the senior justice and war-captain of the new city
of Santa Cruz and its districts, by virtue of the decree
of his excellency the governor and captain-general, Don
Gaspar Domingo de Mendoza, I proceeded to the pueblo
of Nambe within my jurisdiction, taking with me five
witnesses to act in that capacity, and three of whom were
to act as instrumental and two as my attending witnesses,
with whom I acted, and these being present with the par-
ties, Vincente Duran de Armijo and the Cacique and old
men, natives of the pueblo, with the governor and other
authorities of the aforesaid pueblo of Nambe, I read to
them the foregoing document presented by Vincente Du-
ran de Armijo. I also read to them, in a clear and audi-
ble voice, the provisions made by the said governor and
24 THE SPANISH AECHIVES OF NEW MEXICO
captain-general, where his excellency directs and orders
that possession be given to him of the lands the petition
asks for, but afterwards the Indians of the aforemen-
tioned pueblo, having made opposition on the ground that
the granting of the land asked for by the petitioner would
be a great injury to them, although it did not belong to
the pueblo, they voluntarily agreed to give to the said
Vincente Duran de Armijo a piece of land for himself,
his children, heirs and successors from the lands of the
pueblo, in the place of that he asked for, and which would
be so much to their injury. In view of which his excel-
lency provides that he shall not have the lands he asks
for, but that which may be selected with the consent of
the Indians, and I, the said senior justice, as aforesaid,
all the natives of the aforesaid pueblo being present and
informed of his excellency's order, and of all that had
been agreed upon with the said Yincente in the presence
of the said governor and captain-general, they stated
that they would assign, and did assign, to the said Vin-
cente Duran de Armijo a piece of land to the west of the
said pueblo of Nambe, on the borders of their lands ; that
on the said western side a small portion is bounded by
lands of the pueblo of Pojoaque, whose boundary is an
arroyo which runs into the Rio Nambe, that is on the
southern side of said river of Nambe, and on the east by
a stone mound and a medium sized cedar, which is the
boundary between the pueblo and the said Vincente ; and
on the north this little piece is bounded by said river and
on the south by an acequia, which runs along the foot of
some barren hills, the distance being cords of fifty varas
each from the river aforesaid to the said acequia ; and the
large piece of land which they gave to the said Armijo,
which is north of said river, contains seven hundred and
forty varas in latitude, which is understood to be from
east to west, and from north to south it contains five hun-
dred and fifty varas ; the boundaries of which are : on the
north some stone mounds scattered along some barren
hills, which form the boundary of the lands of General
Juan Paez Hurtado, and on the south is bounded by the
river of said pueblo ; on the east the boundary is a cross,
on the side of the main road and lands of the Indians of
said town; and on the west lands of General Juan Paez
Hurtado, which boundaries are marked by several
mounds of stone, and on one of them is a holy cross,
which is to serve as a boundary and division, of which
two pieces of land I gave him royal possession. I took
THE SPANISH AECHIVES OF NEW MEXICO 25
him by the hand and walked with him over said lands.
He threw stones, pulled up grass, and cried aloud, saying
long life to the King, in whose royal name I left him in
quiet and peaceable possession; and he offered to culti-
vate and settle the same, as directed by royal decrees,
under penalty of forfeiture, as directed by his Majesty
in his royal orders ; and in order that said possession and
the consent and agreement had with the said Vincente
Duran de Armijo by the aforesaid Indians be placed upon
record, I certify that such has been the case, and I
signed, with my undersigned attending witnesses, An-
tonio Trujillo, Tomas Madrid and Gregorio Garduno, be-
ing instrumental; the last having been selected by the
Cacique and authorities of the pueblo at their request to
sign for them the name of the aforesaid Indians, knowing
not how to do so themselves; and as aforestated I so
acted and signed with those in my attendance in the ab-
sence of a royal or public notary, there being none in
this kingdom, and on this common paper, the stamp not
being in use in these parts; to all of which I certify.
1 ' JUAN GARCIA DE MORA, Acting Justice.
' ' Witnesses :
* * NICOLAS ORTIZ
" FRANCO. GARDUNO
"At the request of the natives of the Pueblo of Nambe.
1 ' GREGORIO GARDUNO ' '
Don Gaspar Ortiz, a prominent New Mexican, inher-
ited this property from his grandfather, Gaspar Ortiz,
who purchased it from Vincente Duran de Armijo. The
elder Gaspar Ortiz lived upon the property from 1789
until 1824, when he died.
27 ANTONIO TAFOYA ALTAMIRANO.
Will, partition and division of property. February 18,
1844. Town of El Paso del Rio del Norte. The will is a
copy certified by Alonzo Victores Rubin de Zelis, Alcalde
of El Paso.
The partition was made upon the petition to Bernardo
de Bustamante de Tagle before Francisco Ortiz, Alcalde.
28 INHABITANTS OF ABIQUIU and OJO CALIENTE.
Petition for permission to remove. Before Juan de Bey-
tia, Alcalde, and Don Joachin Codallos y Rabal, Gov-
ernor and Captain-General, 1748.
The settlers of Ojo Calient e, AMquiu, and Pueblo Que-
mado asked to remove to places of greater security.
26 THE SPANISH ARCHIVES OF NEW MEXICO
The inhabitants desired to remove on account of the
Indian outrages of 1747. The Indians were the Utes.
Ojo Caliente is about 6,250 feet above sea level; there
are some fine hot medicinal springs there. Three great
pueblo ruins are found there. They are Houiri, Homayo,
and Poseuingge. The last named is near the baths
(springs). The story of "Montezuma" comes from the
legend of Poseuingge.
The modern plaza of Abiquiu stands on the very site of
an ancient pueblo. The old pueblo, it is said, was peo-
pled by Genizaros, Indian captives, whom the Spaniards
had rescued from their captors. The ruins lie on the
highest point of the present town. This pueblo is of
pre-Spanish origin. Nobody dwelt there in the sixteenth or
seventeenth centuries. This was not the pueblo occupied by
the Genizaros. There were two settlements made at Abiquiu
in the eighteenth century. The first was by the settlers
who made this petition to the governor, as it was raided
on the 12th of August, 1747, in which a number of settlers
were killed and the rest compelled to leave it.
It was re-settled in 1754, and Fr. Juan Jose Toledo was
the priest. The settlers continued to have trouble with
the Utes and the Navajos. They left, but Governor
Mendinueta compelled them to return to their homes in
1770. The mission at this place was called Santo Tomas
de Abiquiu. In 1779, there were 851 people living here
and in the immediate vicinity. In the year 1808, there
were 122 Indians, 1,815 whites and half-breeds. So says:
Fr. Josef Benito Pereyro in his Noticias de las Missiones,
etc., Ms. The name of the old pueblo, according to the
Indians of San Juan was Fe-jiu. Some of the Indians
called it Jo-so-ge. Jo-so is the name by which the Tehuas
knew the Moquis.
The old pueblos near Ojo Caliente are probably of the
same period as the old pueblo at Abiquiu. They certainly
were not inhabited when the Spanish explorers in the
sixteenth century went as far north as Taos (Barba).
General De Vargas passed by the ruins in 1694, but he
is mistaken as to what they were, as they were not the-
ruins of old San Gabriel. See his Relacion Sumaria de
las Operaciones militares del Ano de 1694, Ms., Washing-
ton, Library of Congress.
Don Joachin Codallos y Rabal was governor and cap-
tain-general of New Mexico from 1743 to 1749. During-
his administration 440 Moquis came to see him, asking-
protection and frayles. It is more than likely that a num-
THE SPANISH ARCHIVES OF NEW MEXICO 27
ber of these Moquis were settled at Abiquiu in the pueblo
of " Genizaros" and this accounts for the Tehua appella-
tion given the pueblo of Jo-so-ge.
29 PEOPLE OF ALAMEDA.
Eelative to Joseph Montano having come upon their
lands. January 20, 1750. Before Miguel Lucero, Al-
calde. Don Tomas Veles Cachupin, Governor and Cap-
tain-General.
30 SEBASTIAN DE VARGAS to Antonio Duran de Arm-
ijo. July 24, 1751. City of Santa Fe.
Conveyance of lands. Before Manuel Gallegos, Alcalde.
31 JULIAN RAEL DE AGUILAR.
Proceedings in the matter of a contested will. 1751.
Before Don Tomas Veles Cachupin, Governor and Cap-
tain-General.
32 MANUEL MARTIN to Nicolas de Apodaca. June
7, 1751. At San Francisco Xavier del Pueblo Quemado.
Rio Arriba county.
Before Juan Joseph Sandoval, Alcalde. Conveyance of
land.
Juan Leon; Felipe Romero.
33 MARIA DE HERRERA, widow of Captain Antonio
Martin, to Vicente Apodaca. April 5, 1753. Santa
Cruz del Ojo Caliente.
Donation of land. Before Juan Joseph Lobato, Alcalde.
Antonio Pacheco; Gregorio Sandoval.
34 JOSE GABRIEL VITTON (BITON) to Tomas de
Armrjo. December 20, 1758. City of Santa Fe.
Conveyance of land. Before Francisco Guerrero, Al-
calde.
This deed refers to the Rio CJviquito.
35 MARCIAL GONZALES to Francisco de Analla (An-
aya). June 4, 1759. City of Santa Fe.
Conveyance of land. Before Francisco Guerrero, Al-
calde.
36 TOWN OF ABIQUIU.
Order for its re-settlement. November 2, 1770. Made
28 THE SPANISH ARCHIVES OF NEW MEXICO
by Don Pedro Fermin de Mendinueta, Governor and Cap-
tain-General.
Refers to the re-settlement of Abiquiu by Governor
Tomas Veles Cachupin.
37 ROSALIA DE GILTOMEY, widow of Juan Manuel Va-
rela, to Isabel de Armijo, widow of Antonio de Sena.
November 21, 1760. City of Santa Fe.
Conveyance of land. Before Francisco Guerrero, Al-
calde.
38 PEDRO ANTONIO BUSTAMANTE Y TAGLE to
Marcial Angel. July 26, 1762. City of Santa Fe.
Conveyance of land. Before Manuel Gallego, Alcalde.
39 MANUEL DE ARMIJO and JUAN DE LEDESMA.
Entry of a mine about one league south of the Cerrillos
rancho and called Nuestra Senora de Los Dolores in the
papers. Before Tomas Veles Cachupin, Governor and
Captain-General.
40 JOSEPHA DE LA ASCENCION, widow of Hernando
Martin. October 29, 1767.
Claim for lands donated by Mateo Martin in the Pueblo
Quemado. Before Don Pedro Fermin de Mendinueta,
Governor and Captain-General.
41 MARCELA TRUGILLO to Ines de Apodaca. October
30, 1767. City of Santa Fe.
Conveyance of land. Before Francisco Guerrero, Alcalde.
42 JOAQUIN DE ALDERETE.
Will. April 9, 1767. City of Santa Fe.
43 JOSE IGNACIO ALARID and GABRIEL QUINT-
ANA. March 21, 1768. County of Rio Arriba.
Grant of land. Made by Don Pedro Fermin de Men-
dinueta, Captain-General. Possession given by Antonio
Joseph Ortiz, Alcalde. Boundaries: North, Manuel Lu-
cero; south, Joseph Baca; east and west, the boundaries
held by the former owner, Geronimo Pacheco.
44 ANTONIO ARMIJO. May 18, 1769. County of San-
ta Fe.
Grant of land. Made by Don Pedro Fermin De Men-
THE SPANISH AECHIVES OF NEW MEXICO 29
dinueta, Governor and Captain-General. Four hundred
varas square. Adjoining the City of Santa Fe. Posses-
sion given by Felipe Tafoya, Alcalde.
45 JUANA BENABIDES to Ignacio Alarid. March 23,
1772. County of Santa Fe.
Conveyance of land on the Tesuque river. Before Manuel
Garcia Pareja, Alcalde.
46 CARNUEL TRACT.
Petition of persons of Alburquerque to settle upon the
same. March 24, 1774. Denied. Before Don Pedro Fer-
min de Mendinueta, Governor and Captain-General, and a
report made by Francisco Trebol Navarro, Alcalde.
47 MANUELA BRITO to Tomas Alire. August 28, 1774.
City of Santa Fe.
Conveyance of land. Before Manuel Garcia Pareja, Al-
calde.
48 GERTRUDIS ARMIJO, wife of MANUEL VIGIL.
1776.
Inventory of her effects. Before Don Pedro Fermin de
Mendinueta, Captain-General and Manuel Vigil, Alcalde.
County of Taos.
LAZARO ATENCIO.
"Will. August 1, 1777. Before Manuel Garcia Pareja,
Alcalde.
50 FRANCISCA TRUXILLO to Maria de Guadalupe de
Archibeque. September 14, 1767. County of Santa Fe.
Conveyance of land. Before Francisco Guerrero, Alcalde.
HEIRS OF THE ALAMEDA TRACT vs. PEDRO
BARELA. 1778. County of Bernalillo.
Opposition to sale of lands. Before Francisco Trebol
Navarro, Acting Captain-General.
52 ANTONIO DE ARMENTA.
Land grant. 1789. County of Bernalillo. Made by Don
Fernando de la Concha, Governor and Captain-General.
Possession given by Antonio Jose Ortiz, Alcalde. Two
hundred varas.
30 THE SPANISH ARCHIVES OF NEW MEXICO
53 INHABITANTS OF THE TOWN OF ALBURQUER-
QUE vs. ANTONIO DE SILBA. No date.
Requiring him to give up a land grant which he has in
his possession. Before Juan Gonzales Baz, Alcalde.
54 SALVADOR ARMIJO. September 22, 1803. County
of Santa Fe.
Inventory and partition of estate. Before Pedro Bau-
tista Pino, Alcalde.
55 NEMESIO SALCEDO, Comandante. August 11, 1809.
Permitting Jose Manuel Aragon to occupy land at La-
guna.
This is a letter from Nemesio Salcedo, the commandant
general at Chihuahua, to the acting governor of New
Mexico, dated August 11, 1809, stating that there are no
grounds for granting the petition of Jose Manuel Aragon,
who had asked that certain lands, belonging to the In-
dians of Laguna, which he had formerly used, be turned
over to him; but in view of Aragon 's being the al-
calde of that district, having a large family, and being in
need, Salcedo had decided that as long as Aragon should
continue in the office of alcalde he might have designated
for his use a piece of land large enough to enable him to
raise crops needed by his family, but that he could not
claim title to the land.
56 JUAN DE AGUILAR. August 17, 1818.
Question of boundaries with the Pueblo of the Pecos. Be-
fore Don Pacundo Melgares, Governor. Vicente Villan-
ueva, Alcalde.
Pueblo of Pecos; measurements made from the church
and the location of the latter with respect to the end of
the pueblo at that time (1818) occupied by the Indians.
In the same item is a report made to Governor Pedro
Maria de Allande by Jose Vicente Ortiz, alcalde, in re-
gard to the property of Francisco Garcia, dated at Sebol-
letta, June 16, 1818. County of Valencia.
This is a petition of Juan de Aguilar to the governor
of New Mexico, complaining that the alcalde of El Vado,
Don Vincente Villanueva, had made certain measurements
from the pueblo of Pecos in defiance of the accepted rules
for such operations, in that he had begun them at the
edge of the town, instead of at the cross in the cemetery,
and with a cord one hundred varas in length instead of
THE SPANISH ARCHIVES OF NEW MEXICO 31
only fifty, which alleged errors had resulted in extending
the boundaries of the league of the Indians so as to em-
brace land belonging to the petitioner, and also lands be-
longing to other citizens. The petitioner asks the gover-
nor to decide the two questions raised by him as to the
correct manner of making the measurements.
On August 19, 1818, Governor Melgares called upon the
alcalde to report on the matter, which he did on the same
day.
He says that no injury had resulted to anyone from the
use of the hundred vara cord, because he had dampened
it and stretched it out by two stakes, to offset what shrink*
age it may have suffered while it had been coiled ; that he
had presented it to the petitioner, his son and others, who
had again stretched it until they broke it ; that with this
cord he had made the measurement, with which they were
satisfied; that the statement that other lands than those
of the petitioner were embraced in the league was false;
that if he had used a shorter cord it would have been to
the injury of the Indians, on account of the irregular and
broken character of the ground ; etc., etc.
In regard to his beginning at the edge of the pueblo he
states that he knew it was the custom (but not a fixed rule)
to begin at the cross in the cemetery ; that the reason for
this was that in all the pueblos, except Pecos, the church
was approximately in the center of the pueblo-, that in
addition to the pueblo of Pecos being long, the church
was more than a hundred varas distant from one of its
extremities, which extremity was opposite to the one then
occupied by the Indians; that he had made two other
measurements which Were favorable to the citizens; etc.
No action appears to have been taken on this report
by the governor.
57 JOSE ANTONIO ALAEID.
Will, March 12, 1822. County of Santa Fe. Before
Josef Salaises, Captain of the military company.
58 JOSE ANTONIO ALARID.
Grant, April 29, 1822. County of Santa Fe. Made by
the Ayuntamiento of Santa Fe. At Galisteo. Possession
given by Pedro Armendaris, Alcalde.
59 AGAPITOALBA. April 26, 1823.
Petition for a piece of land. Forwarded by Jose Ignacio
Rascon to the Governor of the Province.
32 THE SPANISH ARCHIVES OF NEW MEXICO
60 JUAN ANTONIO AEMIJO; MATTIAS DUEAN;
ANTONIO LUXAN; EAFAEL EOIBAL; JOSE MA-
EIA EOIBAL ; JOSE MAETINEZ. March 3, 1825.
Grant. Made by the Territorial Deputation. Hijuelas
made by Diego Padilla, Alcalde. No hijuela on file in
favor of Jose Martinez. Land situate on the Pecos river,
Land granted to the Sacristan, Diego Padilla, mentioned.
61 TOWN OF ABIQUIU. See Eeported Grant.
62 PUEBLO OF THE PECOS.
Report concerning area of lands. By Jose Ramon Alarid.
August 21, 1826.
63 JOSE EAMON ALAEID.
Reports that Gregorio Arteaga, attorney of the half-
breeds, refuses to go to El Bado to attend to the matter of
the land called "La Cuesta." Report made to Antonio
Narbona, Governor, etc.
64 SEBOLETTA GEANT. 1827.
Question of partition of lands. Before Pedro Iturrieta,
Alcalde, and Jose Antonio Chaves y Duran, Secretary of
the Ayuntamiento. Salvador Ansures for his wife, Leo-
garda Chaves, through her father, Jose Antonio Chaves.
65 TOWN OF ABIQUIU. See Eeported Grant.
66 EAMON ABEEU.
Registration of a mine. October 29, 1832. Location
Real de los Dolores. County of Santa Fe. Jose Fran-
cisco Terrus and Ramon Abreu for themselves and others.
Registration of a mine. June 5, 1832. Situate in the
Sierra de San Lazaro, near the Ojo del Oso, county of
Santa Fe.
67 JUAN BENAVIDES.
Question of mines. December 24, 1835. Real de Dolores,
county of Santa Fe.
68 ANTONIO AEMIJO, et al.
Report of Commissioners on their petition for lands in the
Badito del Arroyo ; report is made to the Territorial Depu-
tation, December 23, 1835.
THE SPANISH ARCHIVES OF NEW MEXICO 33
69 JOSE MANUEL ANGEL ; MANUEL ANGEL ; CAR-
LOS TORRES; FRANCISCO CRESPIN; JULIAN
GAYEGOS ; DIEGO ANTONIO CRESPIN ; RAFAEL
CRESPIN; JOSE PABLO MONTOYA; ANTONIO
BIGIL.
Petition for lands at place called "Arco del Arroyo de
Galisteo." September 23, 1839. No action taken.
70 JUAN LORENZO ALIRE.
Grant. October 12, 1844. Situate in "Los Valles de
Santa Gertrudis de lo de Mora." Made by Tomas Ortiz,
Judge.
71 MARIA CONCEPCION ARMIJO. 1844.
Question of lands, near Los Corrales, Bernalillo county.
72 JUAN NEPOMUCENO ALARID.
Will. November 27, 1844. County of Santa Fe.
73 MARIA CONCEPCION ARMIJO, wife of Nicolas San-
doval. 1844.
Question of lands, before Mariano Martinez, Governor,
and Tomas Ortiz, Alcalde. Los Corrales, Bernalillo
county. Item No. 71, q. v. With the estate of Juan
Pino, deceased.
74 NASARIO MARTINEZ to Josefa Armijo. July 15,
1844. County of Santa Fe.
Conveyance of land. Before Tomas Ortiz, Alcalde.
75 NASARIO AGUILAR.
Grant. October 8, 1844. Situate in the "voile de Santa
Gertrudis de Mora." Made by Tomas Ortiz, Judge of
1st Instance. No. 70 ante, q. v.
76 FRANCISCO ROMERO DE PEDRAZA to Domingo de
la Barreda. June 26, 1698. County of Santa Fe.
Conveyance of lands. Before Diego Arias de Quiros,
Alcalde. Testimonio.
77 ANA LUJAN to Diego de Veccia. September, 1701.
County of Santa Fe.
Conveyance of lands. Before Joseph Kodriguez, Alcalde.
34 THE SPANISH ARCHIVES OF NEW MEXICO
78 CEISTOBAL JARAMILLO and JUAN BARELA
JARAMILLO. February 26, 1704.
Question of lands with the Indians of San Felipe, county
of Bernalillo. Before the Marques de la Nava de
Brazinas, Governor and Captain-General. Alfonso Rael
de Aguilar.
Petition for a grant of lands to Spanish citizens at the
place called Angostura, the lands at the time (1704) be-
ing occupied by Indians of the pueblo of San Felipe. The
attorney for the Indians opposed the making of the grant
because of their loyalty to the crown during the uprisings
of 1693 and 1696 and the grant was refused.
Petition by Cristobal Barela Jaramillo and Juan
Barela Jaramillo, to the governor of New Mexico, asking
that they be granted lands at Angostura, on the west
side of the Rio Grande. Apparently the lands asked for
were being used by the San Felipe Indians, as the peti-
tioners ask that the lands belonging to those Indians be
measured, and state that the Indians have more lands
than the law allows, and that it is not fair that this
should be permitted, while the petitioners are without
lands.
They say in regard to the boundaries: "The said
lands are on this side (of the river) and they adjoin the
lands of Captain Don Fernando on the south side, and
on the north side by the lands of said Indians, and on
the east by the Del Norte river, and on the west by the
tablelands."
This petition was presented to Governor De Vargas, at
Bernalillo, on February 26, 1704, and he thereupon or-
dered that the chief alcaldes, Diego Montoya and Don
Fernando Duran y Chaves, together with the attorney
for the Indians, Don Alfonso Rael de Aguilar, should
inspect the lands in question, and report to him as to
what might be properly granted to the petitioners.
On February 29, 1704, the alcalde, Diego Montoya, and
the attorney for the Indians, Alfonso Rael de Aguilar,
went to Angostura to examine the lands, and the latter
made a statement, in favor of the Indians and against
the petitioners, which is set forth at length in the manu-
script, and is signed by him. He alleges, among many
other reasons for not making the grant, that the lands
had been held by the natives of the pueblo since its
foundation; that the petitioners had a great deal of live
stock which would trespass on the Indians' lands; that
THE SPANISH ARCHIVES OF NEW MEXICO 35
the petitioners had a grant of lands on the other side of
the river; that the Indians ought to be treated with con-
sideration because of the loyalty they had displayed
during the uprisings of 1693 and 1696, etc., etc.
This proceeding was not signed by Montoya, because
of his having suffered a severe injury to his arm, by a
fall; and it is stated that the alcalde, Don Fernando Du-
ran y Chaves, did not participate in the proceedings be-
cause he was not at home.
No grant appears to have been made to the petitioners.
It is to be noted that this manuscript indicates that
the town of Bernalillo was at that time on the west side
of the Rio Grande.
79 JOSE FRESQUES and MARIA DE HERRERA, his
wife, to Simon Baca. November 13, 1716. County of
Rio Arriba.
Conveyance of land. Before Juan Garcia de las Rivas,
Alcalde.
80 FRANCISCO ALBERTO DE LA MORA to Simona de
Bejar. November 14, 1716. County of Santa Fe.
Conveyance of lands. Before Francisco Lorenzo de Cas-
sados, Alcalde.
81 VALENTINA DE MONTES DE OCA to the woman
called La Benavides because she is the widow of Nicolas
Benavides. June 21, 1723. County of Santa Fe.
Conveyance of land. Before Francisco Bueno de Bo-
horques y Corcuera, Alcalde.
82 ANTONIO BALLEJO.
Will. June 7, 1727. County of Santa Fe.
83 DIEGO MANUEL BACA.
Will. March 23, 1727. County of Santa Fe.
84 JOSEPH BASQUEZ.
Grant. March 16, 1727. Made by Don Juan Domingo
de Bustamante, Governor and Captain-General. An-
tonio Grusiaga, Secretary of War and Government.
Grant revoked by Governor Cruzate. Rejected "Lo de
Basquez ' ' by court of private land claims.
36 THE SPANISH AECHIVES OF NEW MEXICO
85 JUAN DE LEON BBITO.
Grant. Originally made to his father by Don Diego de
Vargas Zapata Lujan Ponce de Leon. Re-validated by
Don Juan Domingo de Bustamante, Governor, August
27, 1738. Testimonio.
Another grant, made by Don Gaspar Domingo de
Bustamante, August 20, 1742. Both of these grants are
apparently small and close to Santa Fe. Antonio de
Cruciaga; Antonio de Hulibarri; Gregorio Garduno; Jo-
seph de Terms. The following are given in full, illus-
trative of forms in use:
"Town of Santa Fe, August 5th, 1728, before his ex-
cellency, the governor and captain-general of this king-
dom of New Mexico, it was presented by the party stated
therein, to wit, Juan de Leon Brito, Mexican, and settler
of the ward of Analco, in this town of Santa Fe : I ap-
pear before your excellency in the best form allowed me
by law and say that I, having come into this kingdom,
and a grant having been made to me of certain lands that
formerly belonged to my father, may he rest in peace, by
the General Don Diego de Vargas Zapata Lujan Ponce
Leon, deceased, in the name of his majesty, consisting of
one sitio of lands, and now I having settled on it, and
because the said grant papers are not in my possession,
I ask of your greatness to revalidate to me the said land,
which lies at the other side [banda] of this town, its
boundaries being, on the north the acequia from which
Captain Bargas irrigates, and on the south another ditch
of the same person, and on the east lands of Pedro Lo-
pez, on the west the road leading to Pecos; for all of
which I ask and beg your excellency, with the greatest
veneration due, to concede to me said grant of said
lands in the name of the King my master, for myself
and my wife and my children and heirs, for I swear by
God our Lord and the Holy Cross that this my state-
ment is not made in bad faith, and in the necessary, etc.
"JUAN DE LEON BRITO."
The "Britos" were Tlascalan Indians. The "Analco"
district surrounds the old chapel of San Miguel. "An-
alco" means, "the other side of the river."
"And it having been seen by his excellency he received
it as presented, and in view of what the party states his
excellency said that he ought and did command Sebas-
tian de Bargas and Pedro Lopez, for the reason that
these were the nearest neighbors to the lands petitioned
THE SPANISH AECHIVES OF NEW MEXICO 37
for by this party that if they should have any right to
the same they should bring it forward, with such instru-
ments as they might have, in order to give to each one
his due, and it not being of any injury to any third
party representing a better claim that it should be ad-
judicated for and revalidated to him in the bona fide
possession that he now enjoys. Thus it was decreed,
commanded and signed by his excellency D. Juan Do-
mingo Bustamante before me, the actual secretary of
government and war, by order of his excellency the gov-
ernor and captain-general.
"ANTTO. DE CRUSIAGA [rubric]
"Secretary of Government and "War.
"In the said town, on the 17th day of the month of
August, 1728, by virtue of the command in the above
provision, Sebastian de Bargas was cited, who, having
known of the registration of land sought by Juan de
Leon Brito, he stated that he is not harmed, for the rea-
son that it lies beyond his own lands, and because the
ditches referred to form boundary lines only; in view of
which he has no opposition to offer to the possession and
ownership sought by the party, and he signed it with
me, the actual secretary of government and war.
"SEBASTIAN DE BARGAS
"Before me: ANTONIO DE CRUCIAGA,
"Secretary of Government and War.
' ' Immediately thereafter, Pedro Lopez not being within
the realm, his wife was cited to appear, and she offered
the bill of sale made by Don Miguel de Coca to Josepha
Lopez, daughter of the said Pedro Lopez, and from its
contents it appears that this party is not harmed by the
lands asked for by Juan de Leon Brito, for he only cites
it as a boundary, on which she did not sign, because she
did not know how. I signed it, to which I certify.
"At said town, on said month and year, his excellency
the Governor and Captain-General of this kingdom of
New Mexico, having seen the citations that preceded, and
it appearing from them that no harm is occasioned to
any third party by the grant of lands which Juan de
Leon Brito asks to be revalidated to him anew, which he
says were given to him by General Don Diego de Vargas,
for the reason that he has no title papers, and in view of
all this his excellency, in the name of his majesty, may
God preserve him, makes and revalidates to him the
grant, protecting him as he does in the possession that
38 THE SPANISH ARCHIVES OF NEW MEXICO
he has acquired in good faith for himself and which he
now acquires judicially, so that he may not he dispos-
sessed of the same without first being proceeded against
according to law, and in order that he, his heirs and suc-
cessors, may enjoy the products of the same, and in
order that he may be able to exchange, sell, and transfer
as his own property and of his wife, except that he shall
not convey it to prohibited persons; thus be decreed,
ordered, and signed before me, the actual secretary of
government and war. I certify. BUSTAMANTE
"ANTONIO DE CRUCIAGA
"Secretary of Government and War.
"This copy agrees with its original, which remains in
the archives of this government, from which I made the
same for the benefit of the party on this day, the 30th
of August, 1728. It is true and faithful, corrected and
compared and at its making the witnesses were Juan
Joseph Moreno and Don Alfonso Rael de Aguilar, they
being present. I make my customary signature in testi-
mony of the truth. ANTONIO DE CRUCIAGA [rubric]
"Secretary of Government and "War."
SECOND GRANT
"Santa Fe, August 18th, 1742. Let the alcalde mayor
report if it is proper for the petitioner in this petition,
in order to provide what may be convenient.
"MENDOZA"
"Juan de Leon Brito, resident of the town of Santa
Fe, at the feet of the greatness of your excellency, in all
form allowed to me by law, and which may to me belong,
I say, sir, that whereas I am loaded with duties to which
I must necessarily attend, and because I have not land
sufficient, because that which I have is small, I have seen
fit to have registered a tract of lands lying at the other
side (banda) of the river where a Canada is formed, and
its boundaries are the following : On the east it is bounded
by the highway (camino real) that leads to Pecos, on
the west it is bounded by another road that likewise goes
to Pecos, on the south with lands of Luiz de Armenta,
and on the north with lands of Captain Manuel Thenorio,
which lands I ask for in the name of his Majesty, whom
may God preserve, to be given to me as a grant, I peti-
tion your excellency with all due submission to concede
them to me, for I am a poor man, and if they are granted
to me that royal possession shall be given me, for I will
THE SPANISH ARCHIVES OF NEW MEXICO 39
receive grace and profit. I swear in all form that this
petition is not done in bad faith.
* ' JUAN DE LEON BRITO ' '
' ' Having seen and examined the lands petitioned for by
this party, I say that it is proper, because he has it
registered, and they are recognized as lands of the King,
my Lord, whom may God preserve, whereupon your ex-
cellency may do what shall be just, which shall be as in
every case the best, and that it may so appear I signed
it on June 19th, 1742.
' ' ANTONIO DE ULIBARRI [rubric] ' '
"In the town of Santa Fe, on the 20th of August,
1742, I, the lieutenant-colonel, governor, and captain-gen-
eral of this kingdom of New Mexico, Don Gaspar Do-
mingo de Mendoza, ought to command and did command,
in view of the report of Captain Antonio de Ulibarri, al-
calde mayor of said town, to place the petitioner in this
petition in possession of the land that he asks for, so that
in the name of his Majesty he may possess and cultivate
the same ; thus I provided, ordered, and signed with those
of my attendants with whom I act, as customary on ac-
count of the actual conditions of this realm. It is valid.
"DON GASPAR DOMINGO DE MENDOZA [rubric]
"JOSEPH DE TERRUS
" JUAN PHE. DE RIVERA"
1 ' In the town of Santa Fe, on the 20th day of the month
of August, 1742, I, the captain, Antonio de Ulibarri, al-
calde mayor of this town, in obedience to the order of his
excellency, the Colonel Don Gaspar Domingo de Mendoza,
governor and captain-general of this kingdom, I, the
said alcalde mayor, went upon the lands that this party
states, and I took him by the hand and walked with him
over said lands. He plucked grass, cast stones, shouted,
saying 'Long live the King, my Lord, Don Phillipe the
Fifth, whom may God preserve,' the witnesses to the
royal possession being Tomas de Sena and Cayetano
Lovato. Thus I acted with the witnesses of my attend-
ance for the lack of public or royal notary, for there are
none in this kingdom, upon the actual paper, for there
is none of the seal in these regions, to which I certify.
"ANTONIO DE ULIBARRI [rubric]
"Judge Commissioner.
"GREGORIO GARDUNO."
40 THE SPANISH ARCHIVES OF NEW MEXICO
86 PEDRO GOMEZ DECHAVES to BernabeBaca. March
26, 1732. County of Bernalillo.
Conveyance. Before Juan Gonzales Bas.
87 BENTURA DE LA CANDELARIA to Salvador Barela.
May 7, 1734. County of Bernalillo.
Conveyance. Before Geronimo Jaramillo.
88 CRISTOBAL BACA.
Will and inventory and partition of his estate. 1739.
County of Santa Fe.
89 VALENTINA MONTES DE OCA to Juana de Bena-
vides. June 9, 1739. County of Santa Fe.
Conveyance. Before Antonio Montoya. Ante No. 81.
90 JUANA DE BENAVIDES and TOMASA DE BENA-
VIDES. June 11, 1739. County of Santa Fe.
Exchange. Before Antonio Montoya, Alcalde.
91 JUAN DE BENAVIDES to Tomasa de Benavides. June
15, 1739. County of Santa Fe.
Conveyance. Before Antonio Montoya, Alcalde.
92 BERNABE BACA vs. NICOLAS DE CHAVES. 1704.
Reported case of Nicolas de Chaves, q. v.
93 ANTONIO MONTOYA to Juan de Benavides. No-
vember 23, 1744. County of Santa Fe.
Conveyance of a piece of land above the Pueblo of San
Diego de Tesuque. Before Antonio de Ulibarri, Alcalde.
94 JOSEPHABACA.
Will and inventory of estate. 1746. County of Berna-
Ullo. At Pajarito.
95 MAGDALENA MARTIN, by her executor, Manuel
Montoya, to Pedro Baptista. April 11, 1751.
Conveyance of land in the county of Rio Arriba. Before
Juan Jose" Lobato, Alcalde.
96 ANTONIO DURAN to Salvador Barela. April 22,
1752. County of Taos.
Conveyance. Before Juan Joseph Lobato. The donor
THE SPANISH ARCHIVES OF NEW MEXICO 41
was the wife of Juan Antonio Giron and acquired the
property by inheritance from her mother, Rosa Martin.
97 SEBASTIAN MARTIN to Salvador Barela. April
22, 1752. County of Taos.
Conveyance. Before Juan Jose Lobato, Alcalde.
98 DIEGO BASQUEZ BORREGO, of Rio Abajo.
Will and proceedings. Santa Fe, May 5, 1753. Before
Don Tomas Veles Cachupin, Governor. Tomas de Alvear
y Collado.
99 SEBASTIAN MARTIN to Salvador Barela and Fran-
cisco Barela. October 8, 1753. County of Santa Fe.
Pueblo Quemado.
Conveyance. Before Juan Jose Sandoval, Alcalde.
100 MANUEL MARTIN to Tiburcio Barela. November
6, 1753. County of Rio Arriba.
Conveyance. Before Juan Jose Sandoval, Alcalde.
101 MANUEL BACA.
Will. May 6, 1755. No residence stated.
102 EUSEBIO LEYBA to Tomasa de Benavides. June
9, 1759. County of Santa Fe.
Conveyance. Before Francisco Guerrero. Manuel Ber-
nardo Garvisu.
103 DIEGO BASQUEZ BORREGO.
Inventory of the estate of. Ante No. 98, q. v.
104 TOMASA BENAVIDES.
Inventory of estate of and partition of the same.
105 ANTONIO BACA vs. INHABITANTS OF RIO PUER-
CO.
The original settlers of Rio Puerco were Joaquin de
Luna, district lieutenant, Joaquin Romero, Maria Ro-
salia Romero, Pedro Varela, Juan Pedro Sisneros, Diego
Basques Borrego, Bernardo Ballejo, Jose de Luna, An-
tonio Lucero, Andres Manzanares, Francisco Lovato, Gas-
par Gonzales, Jose Romero, Juan Ygnacio Romero, An-
tonio Martin, Juan Lorenzo Atencio, Antonio Martin,
Pablo Martin, Matias Salazar, Miguel Romero, Juan
42 THE SPANISH ARCHIVES OF NEW MEXICO
Diego Trujillo, Alejandro Espinosa, Mateo Salazar, Sal-
vador Tmjillo, Pedro Aguilar, Juan Gonzales, Francisco
Borrego, Jose Miguel Logardo, Francisco Giron, Santiago
Pais, Antonio Romero, Marcelina Francisco, Tomas
Antonio Romero, Alonzo Gonzales, and Antonio
Lucero. At the time that this petition was made the pe-
titioners stated that there were grazing upon the tract
about ten thousand head of sheep and cattle. One of the
reasons for making of this grant was that the settlement
would serve as a barrier to the Ute and Navajo tribes of
Indians. The tract is described as follows : On the north
the Tortugas creek; on the south the southern point of
the mesa continguous to the Hondo creek; on the east
the side of the mountain extending from Jemez to the
Piedra Lumbre, looking toward the Jemez pueblo, and
on the west the "Arroyo de en Media."
Captain Antonio Baca was granted a tract of land
known as Nuestra Seflora de la Luz de los Lagunitas del
Rio Puerco previous to 1761 ; he was afterward dispos-
sessed and the property was given to Joaquin Mestas.
Baca commenced proceedings before Don Manuel Portillo
Urrisola which were concluded in 1762 by Governor Veles
Cachupin, who on July 20, 1762, re-granted the land to
Antonio Baca. The questions involved were referred to
Don Juan Ygnacio Garcia Villegas, counselor for the
Royal Audience of Guadalajara, who decided in favor of
Captain Baca. The grant was first made to Baca by
Governor Marin del Valle. Baca states in his petition
that he had always "without pay served his country in
maintaining continual war with the Apaches, and that
all provisions and expenses were supplied by himself. ' '
106 JUAN TAFOYA and JOSEPH MORENO to Pablo Ba-
ca. October 2, 1763. County of Santa Fe.
Conveyance. Before Manuel Gallego, Alcalde.
107 JUAN JOSEPH DURAN, by his attorney CRISTO-
BAL DURAN to Joseph Baca. In San Pedro de Cha-
ma, August 9, 1764.
Conveyance. Before Manuel Garzia Pare j a, Alcalde.
108 JOSE MARTIN to JOSE VACA. October 29, 1764.
County of Rio Arriba.
Conveyance. Before Manuel Garzia Pareja, Alcalde.
a
THE SPANISH ARCHIVES OF NEW MEXICO 43
109 MARIA DE LA VEGA Y COCA. Santa Fe, May 17, 1764.
Partition of lands of her estate at the Cienega and
Canada of Guiqu. Before Francisco Guerrero, Alcalde.
110 ANTONIO DE BEYTIA of Abiquiu December 30,
1765.
"Will. In this item, in the first paragraph, the testator
says he is a resident of "El Pueblo de San Antonio del
Biquiu." Later on he says, in dating the instrument,
" este Pueblo de San Antonio del Guyquiu." In the
county of Rio Arriba.
111 GRANTEES OF THE NUESTRA SEtfORA DE LA
LUZ Y SAN BLAS TRACT vs. THE GRANTEES OF
THE ATRISCO TRACT. 1759.
Question of boundary. Before Francisco Antonio Marin
del Valle, Captain-General; also before Don Tomas Ve-
lez Cachupin, Captain-General; the last named proceed-
ings were had in 1766.
112 PHELIPE TAFOYA and PHELIPE SANDOVAL to
Joseph Baca. February 3, 1767.
Conveyance of a rancho called "Pueblo Quemado," about
a league from the City of Santa Fe. Before Francisco
Guerrero, Alcalde.
L13 GRANTEES OF THE BELEN TRACT vs. SALE OP LAND BY
PEDRO ITURRIETA to Fernando Cbaves. 1767.
Before Don Pedro Fermin de Mendinueta, Governor.
Francisco Trebol Navarro; Manuel Garvisu; Manuel
Zanez; Manuel Garvisu Zanez.
The petition for the Belen Grant asked for a tract of
land which in 1740 was uncultivated and unappropriated.
It is described and "bounded on the east by the Sandia
Mountains ; on the west by the Rio Puerco ; on the north
on both sides of the river the boundary is the land of
Nicolas de Chaves and those of the adjoining settlers of
Our Lady of the Concepcion tract of Tome, and on the
south the place called Felipe Romero, in a direct line
until it intersects the boundary above mentioned, from
the east to the west." The first settlers were: Diego
Torres de Salazar; Pedro Bigil; Miguel Salazar; Juana
Teresa Romero ; Laigarda Romero ; Juan Antonio Salazar ;
Miguel Salazar; Pablo Salazar; Nicolas Salazar; Manuel
Antonio Trugillo; Maria Torres; Salvador Torres; Jose
44 THE SPANISH AECHIVES OF NEW MEXICO
Antonio Torres; Ladeo Torres; Cayetano Cristobal Tor-
res; Diego Torres; Barbara Romero; Gabriel Romero;
Maria Vigil; Jose Trujillo; Francisco Martin; Nicolas
Martiniano; Ygnacio Barrera; Juan Domingo Torres;
Jose Romero; Jose Tenorio; Juan Jose de Sandoval;
Francisco Trujillo; Francisco Hiron; Cristoval Naranjo;
Jose Antonio Naranjo; Bartholome Torres; Pedro Ro-
mero. The grant was made by Don Gaspar Domingo
Mendoza, and possession was given by Don Nicolas de
Chaves, alcalde mayor of Alburquerque.
The house of Felipe Romero was a ruin, this hacienda
having been destroyed in the revolution of 1680.
114 BALTAZAE BACA.
Reported Claim No. 104.
Baltazar Baca was born in New Mexico and was, in
1769, a resident of the Plaza of Belen. He asked for a
tract of land about three leagues from the pueblo of
Laguna, and about a league and a half from the Encinol.
Being " descended from the conquerors of this pro-
vince," Governor Mendinueta was induced to grant his
request and he was placed in possession of the tract
known as "San Jose del Encinol" by Don Antonio Se-
dillo, chief alcalde and war-captain of the pueblo of
Laguna. In the act of possession it appears that there
was "an outside ranch belonging to an Acoma Indian."
He had two sons.
115 DOMINGO DE VENAVIDES.
Will. May 8, 1770. County of Santa Fe.
116 MAEINA BACA vs. MIGUEL BACA. October 2, 1771.
Question of the possession of a house. County of Santa
Fe. Before Don Pedro Fermin de Mendinueta, Governor.
117 JOSEPH BACA.
Will. Pueblo Quemado. Jurisdiction of Santa Fe. March
2, 1772.
118 LUGAKDA TAFOYA to Marina de Jesus Baca. Au-
gust 14, 1773. City of Santa Fe.
Before Manuel Garcia Pare j a, Alcalde.
119 FEANCISCO GONZALES to Manuela Brito. July 12,
1774. City of Santa Fe.
Before Manuel Garcia Pareja, Alcalde.
THE SPANISH ARCHIVES OF NEW MEXICO 45
120 JOSEFA BUSTAMANTE to Jose Antonio Ortiz. Feb-
ruary 13, 1784.
Mortgage of rancho at Tesuque. Before Don Juan Bau-
tista de Anza, Governor.
121 JUANA MARIA BACA, wife of MIGUEL BACA vs.
DIEGO BORREGO. January 21, 1789. County of
Santa Fe.
Question of lands sold by Borrego in Cuyamungue. Be-
fore Don Fernando de la Concha, Governor, and Antonio
Josef Ortiz, Alcalde, and Captain Manuel Delgado.
122 ISABEL BACA, Pueblo of Isleta, 1792.
Investigation to determine whether she has any lands by
inheritance in the Pajarito Tract. Report by Manuel de
Arteaga, Alcalde, by order of Don Fernando de la Con-
cha, Governor.
13 JOSEF MARIA BACA.
Will. Santa Fe, November 3, 1799.
124 MARIA BARBARA BACA, widow of Jose Pablo Rael.
Question of inheritance. Santa Fe. 1800. Jose Pablo
Eael, deceased, was son of Nicolas Eael and Teodora
Ortiz, both deceased. Will of Gertrudis Teodora Ortiz,
Santa Fe, July 9, 1800. Cancelled by Chacon, Governor,
before whom the proceedings were had. Joseph Miguel
de la Pena; Jose Campo Kedondo.
125 TOWN OF SAN MIGUEL DEL BADO.
Reported Claim No. 119, q. v.
126 JOSE VARELA vs. EUSEBIO VARELA, bis father.
1814.
Protest against sale of lands at Tome. Before Manrique,
Governor. Bartolome Baca ; Pedro Bautista Pino.
127 JOSE ANTONIO BUSTOS vs. JOSE IGNACIO MA-
DRID. 1826.
Question of a piece of land at Santa Cruz de la Canada.
Many of the papers in this case appear to be missing.
Proceedings before Colonel Antonio Narbona, Governor.
46 THE SPANISH AKCHIVES OF NEW MEXICO
128 TOMAS BEENAL, ANTONIO EAEL and JULIAN
BEKNAL, El Paso, June 19, 1820.
Relating to the boundaries of town grant. Letter to
Facundo Melgares, Governor.
129 JESUS BENAVIDES.
Grant. 1820. 100 varas of land at Galisteo. Don Fa-
cundo Melgares, Governor.
130 ESTEVAN BACA. Santa Fe, February 10, 1821.
Petition for lands for himself and others on the Pecos
river. No final action taken. Before Don Facundo Mel-
gares, Governor.
From this it appears that in 1821 there were only eight or
ten families of the Pecos pueblo still living.
131 FEAY MANUEL BELLIJO, of Cochiti, complains of
the Alcalde, Juan Armrjo, to Don Facundo Melgares,
June 6, 1821.
132 LUIS BENAVIDES.
Will. Santa Fe, March 4, 1822.
133 JOSE BACA.
Grant of land at Galisteo. Possession given April 29,
1822, by Pedro Armendaris, Alcalde. By order of the
Ayuntamiento of April 8, 1822, in which grants were
made to nineteen persons. Jose Maria Baca, Secretary
of the Cabildo.
134 MANUEL BACA and SANTIAGO ABEEU.
Petition for lands lying between the pueblos of Santo
Domingo and San Felipe, February 14, 1824. Referred
to the Provincial Deputation by the Jefe Politico and
read on the 16th of the same month. Captain Bartolome
Baca, Jefe Politico.
It was presented to the governor of New Mexico on
February 14, 1824, and on the same day forwarded by
him to the so-called Provincial Deputation, for the official
action of that body. Some record of the making of a
grant may be found in the "Journal, Provincial Deputa-
tion, 1822, 1824."
.
THE SPANISH AECHIVES OF NEW MEXICO 47
135 RAFAEL BENAVIDES, PEDEO LOBATO, JESUS
BENAVIDES and JUAN NEPOMUCENO VIGIL and
JOSE NESTOE AEMIJO.
Petition for lands on the other side of the Pecos river.
Granted by the Territorial Deputation, March 3, 1825.
Book 2 of the Acts of the Deputation, page 44.
This shows a grant of lands in 1825 to a Mexican citi-
zen, within the boundaries of the Pecos pueblo.
136 JOSE FEANCISCO BACA.
Petition for land on this side of the Pecos river. Re-
ferred to the Jefe Politico on March 3, 1825, for action
under Par. 5 of the session of preceding November. See
page 44, as cited in No. 135 supra.
137 LUIS MAEIA CABEZA DE BACA.
Reported Claim No. 20.
The following is a list of the family of Luis Maria Ca-
beza de Baca.
Luis was married the first time with Ana Maria Lopez,
and their children were: Antonio, Juan Antonio, Rosa,
Jose Domingo, Guadalupe, Miguel, and Ramon.
His second wife was Josefa Sanches, and their children
were : Luis Maria, Prudencio, Mateo, Josefa 1st, and Luz.
His third wife was Encarnacion Lucero, and their chil-
dren were: Juana Paula, Jesus Bacalro (Canonero), Juan
Felipe, Jesus 2nd (Carretero), Josefa 2d, Domingo,
Manuel, Maria de Jesus, Luisa, and Luz.
1. Antonio Cabeza de Baca, the first son of Luis Maria
Baca was married to Francisca Garvisu, and the issue was
Juan Manuel.
2. Juan Antonio Cabeza de Baca, the second son of
Luis Maria, was married with Josefa Gallegos and their
children were, Jesus Maria, Francisco Tomas, Encarna-
cion, Cesaria, Domingo, Jose de Jesus, Quiriiio, Josefa,
Guadalupe, Alta Garcia, Trinidad, Nicolasa, and Tomas D.
3. Rosa, the third child, was married to Sebastian
Salaz, and their children were, Francisco, Dolores, and
Josefa.
4. Domingo, the fourth child, had no issue; died in
infancy.
5. Jose, fifth child, was married to Dolores Gonzales,
and their children were, Felipa, Antonio, Jesus Maria,
Maria de Jesus, Francisco, Fernando, and Apolonia.
6. Guadalupe, sixth child, married Santiago Trujillo,
48 THE SPANISH AECHIVES OF NEW MEXICO
and their children were, Antonio, Maria, Andres, Felici-
ana, Juana, Santiago, and Ana Maria.
7. Miguel, seventh child, was married to Dolores San-
ches, and their children were, Quirina, Diego, Rumualdo,
Guadalupe, Paulina, Juan Pablo, and Martina.
8. Eamon, eighth child, married with Serafina Salaz,
and their only child was Ignacio.
9. Luis Maria, ninth child, married Isabel Lopez, and
their children were, Trinidad and MigueL Miguel died
without issue.
10. Prudencio, tenth child, was married the first time
with Manuela Armijo, and their children were, Juan, Ig-
nacio, Julian, and Apolonia.
His second wife was Josefa Flores, and his children
were Valentin Escolastico, Gregorio, and Julian.
11. Mateo, eleventh child, was married to Guadalupe
Montoya, and their children were, Luis Maria, Alejandro,
Juan de Dios, and Martin.
12. Josefa 1st was married to Juan Luis Montoya, and
their children were, Antonio and Donaciano.
13. Luz 1st, thirteenth child, had no issue; never was
married.
14. Juana Paula, fourteenth child, was married to Jose
Garcia ; their children were, Juana Maria, Antonio, Fran-
cisco, Inez, Maria de los Angeles, and Crecencio.
15. Jesus C. de Baca, 1st (Canonero), fifteenth child,
was married to Ana Maria Gonzales, and their children
were, Luis Maria, Guadalupe, Nestor, Francisco, Juliana,
and Feliciano.
16. Juan Felipe, sixteenth child, was married to To-
masa Gonzales, and their children were, Juliana, Fran-
cisca, Jose, Rumualdo, Sotero, Apolona, Julian, Nazaria,
Petra, and Leonor.
17. Jesus 2d, (Carretero), married Rafaela Martinez,
and their children were, Encarnacion, Jose Esteban, Faus-
tina, Toribio, Cosme, Julian, and Pedro.
18. Josefa 2d, married Luis de la 0, and their chil-
dren were, Ramos, Jose Maria, Zenobia, Nicolasa, Mariano,
Flavio, Juan de Dios, and Refugio.
19. Domingo 2d, nineteenth child, was married to
Rosalia Garcia, and their son was Jose.
20. Manuel.
21. Maria de Jesus, 21st child, was married to Fran-
cisco Martin (called Borreguito) ; had no children.
22. Luisa.
23. Luz 2nd, 23rd child, died without issue.
THE SPANISH AECHIVES OF NEW MEXICO 49
138 LUIS BENAVIDES.
Petition for lands on the Pecos river. Santa Fe, March
8, 1825. No action taken.
This is a petition for a grant at the pueblo of Pecos.
139 JOSE FRANCISCO BACA. March 14, 1826.
Petition for lands on the Pecos river. Reported by the
Ayuntamiento of San Miguel del Bado, on March 19,
1826. Teodosio Quintana, Secretary of the Deputation.
Juan Jose Baca, 2nd Regidor; Jose Ramon Alarid, Al-
calde Constitutional; Candelaria Flores, 3rd Regidor;
Santiago Sandoval, 1st Regidor; Jose Miguel Sanches,
Secretary of the Ayuntamiento.
140 CRISTOBAL BUSTOS vs. JOAQUIN PINO. 1827.
Question of lands in the Cebolleta Grant. Before An-
tonio Narbona, Governor.
141 JUAN ESTEVAN BACA vs. ALCALDE OF COCHI-
TI. 1827.
La Majada Grant. Before Supremo Tribunal de Justicia,
City of Mexico. Aguilar y Lopez, Secretary.
The memorandum on the wrapper inclosing this docu-
ment is entirely misleading. It says the document is a
land suit by Juan Esteban Baca against the Indians of
Cochiti. It lias nothing to do with a land suit. It is a
complaint by Baca against the alcalde of Cochiti, who had
unjustly imprisoned and otherwise ill-treated him. The
date is December 14, 1827. It was sent to the supreme
tribunal of justice at Mexico, and by that court was
ordered to be transmitted to the jefe politico (governor)
of New Mexico, to be placed in the hands of a competent
judge, who was to do justice to the complainant.
The Majada Grant was confirmed by the court of private
land claims and surveyed for over 54,000 acres. All
that portion of the grant to the pueblo of Cochiti which
lies east of the Rio Grande conflicts with the Majada,
amounting possibly to 5,000 acres. The southern bound-
ary of the Majada and the northern boundary of the
Pueblo of Santo Domingo Grant for a distance of eight
and one-half miles are coterminous. The grant was pat-
ented October 26, 1908.
142 TOMAS BACA, JOSE ANTONIO CASADOS and
OTHERS.
Report of Santiago Ulibarri, Judge, as to quality of
50 THE SPANISH ARCHIVES OF NEW MEXICO
lands asked for by the persons named. Report is made
to the Territorial Deputation. 1829. San Miguel del
Bado.
143 TOMAS BACA, JOSE ANTONIO CASADOS and
OTHERS.
Petition to the Ayuntamiento of San Miguel del Bado
for lands. Referred, by Santiago Ulibarri, to the Ter-
ritorial Deputation and also signed by Jose Antonio Ca-
sados, Secretary of the Ayuntamiento. San Miguel del
Bado, April 27, 1829. Ante No. 142, q. v.
144 MARIA MIQUELA BACA.
Will and inventory. 1831. County of Santa Fe. Juan
Garcia, Alcalde.
145 JESUS MARIA ALARID to Jose Francisco Baca.
May 18, 1831. County of Santa Fe.
Conveyance of land in the rancho of the Alamo, formerly
belonging to Diego Montoya. Before Pablo Montoya.
There are no signatures to this document.
146 MICAELA BACA. (Maria Micaela Baca.)
Distribution of estate. 1832. Ante No. 144, q. v.
147 JUAN MANUEL BACA vs. JUAN ANTONIO ARMI-
JO. Santa Fe, April 28, 1832.
Question as to a tract of land. Before Juan Garcia, Al-
calde.
148 MARIA DE LOS DOLORES SANDOVAL vs. JUAN
GARCIA, Alcalde of the City of Santa Fe. 1834.
In suit of Manuel Bustamante vs. said Sandoval she com-
plains of being unjustly deprived of her property, etc.
Appealed to the Suprema Corte de Justicia, City of
Mexico. Aguilar y Lopez, Clerk of the Supreme Court;
Manuel de la Barrera, 1st Official; Don Francisco Sarra-
cino, Governor.
149 TRINIDAD BARCELO vs. PABLO ORTIZ. Santa
Fe, April 9, 1837.
Question as to a tract of land at Pojoaque. Albino Perez,
Governor; J. M. Alarid, Secretary.
THE SPANISH ARCHIVES OF NEW MEXICO 51
.50 FOUR PAGES OF THE JOURNAL OF THE TERRI-
TORIAL ASSEMBLY in which are recorded the Pro-
ceedings had in relation to the Beaubien and Miranda
or Maxwell Grant.
The Maxwell Land Grant is situated in the northern
part of New Mexico, in the county of Coif ax ; a portion is
in the State of Colorado in Las Animas county. After the
influx of settlers from the East, in the "seventies" and
"eighties," the title of the grantees was bitterly con-
tested.
In August, 1882, the government of the United States
filed a bill in chancery in the United States circuit court
in Colorado to cancel the patent which had been issued in
1879 for this property, embracing 1,714,000 acres. The
case was litigated during a period of five years and was
ultimately decided in favor of the company by the su-
preme court of the United States, which court, in two
opinions, one on a motion for re-hearing, sustained the
title of the company to the full extent of area as granted
by the Mexican government. The government of the
United States (the interior department and the depart-
ment of justice) declined to accept the decision of the
supreme court as final and instituted another suit in
the courts of New Mexico to cancel the patent which had
been made to the grantees, claiming that the lands in
New Mexico, which formed a greater part of this prop-
erty, were not affected by the decision of the nation's
highest tribunal.
The Maxwell Company set up the decision of the su-
preme court as a defense to this suit; it was heard be-
fore Reeves, J., then presiding over the first judicial
district of the Territory of New Mexico, and the plea of
res adjudicata was sustained and the bill dismissed. An
appeal was taken by the government to the territorial
supreme court, where the decision of the lower court was
affirmed.
The opinion of the New Mexican supreme court (an
extract) follows:
"The United States brought suit in the circuit court
for the United States for the District of Colorado, to set
aside, vacate and cancel the patent assailed here. The
bill in that case is grounded upon allegations of fraud
committed by the patentees and others holding through
or under them, by means of which the officers of the
52 THE SPANISH ARCHIVES OF NEW MEXICO
plaintiff were deceived into issuing and delivering the
patent. Fraud in various ways was charged against the
grantees under the patent, and the patent as an entirety
was involved in this issue raised, heard and finally de-
termined in the circuit and supreme courts of the United
States.
"It is quite clear that had the United States suc-
ceeded in that suit, the decree would have affected the
title to the lands embraced in the patent lying in New
Mexico. Personal service was had upon the Maxwell
Land Grant Company in that suit, and an appearance
entered, and the suit after long delays, finally decided,
declaring the patent valid for the lands covered by it
wherever situated. The final judgment in this suit was
intended to be, and we think was, conclusive upon the
United States and all persons claiming through or under
it, whether the lands covered by the patent were located
in Colorado or New Mexico.
"The suit was instituted and contested through the
courts to a final decision in the court of last resort solely,
or mainly at least, upon the ground that such fraud had
been committed by the original grantees and those claim-
ing under them in locating the lands and extending the
true boundaries thereof in such manner as to deceive the
officers of the United States, and thereby caused them to
issue the patent; that a court of equity would annul the
patent. The court found that there was no fraud proven
in the case, and that the patent was legal and valid, and
free from taint of fraud.
"The issue directly involved in the controversy was
that of fraud practiced upon the United States through
its officers. The determination was against the truth of
the facts alleged, and the United States, like any other
suitor in a court of justice, is bound by the final judg-
ment of courts of competent jurisdiction, when it elects
to litigate any question of fact in the courts.
"The supreme court of the United States affirmed in
distinct terms that there was no fraud committed in pro-
curing the patent to be issued by the patentees, or those
claiming under them; that the patent was legal and is
the evidence of the legal ownership of all the lands em-
braced in it, or covered by it.
"It directly affirmed the non-existence of fraud, and
having done so in a proper case, the courts of the country
will not permit the plaintiff in any other suit, to contro-
THE SPANISH AECHIVES OF NEW MEXICO 53
vert this judicially established fact, where the issue is be-
tween the same parties or their privies.
I 'The United States having exhausted its powers in a
fruitless effort to cancel this patent, it becomes the duty
of the courts and the people to abide the final judgment
of the highest tribunal to which a controversy can be ap-
pealed, and to seek redress for meritorious grievances, if
any exist, at the hands of a just and generous govern-
ment."
In the argument of counsel, Frank Springer, Esq., of
New Mexico, before the supreme court of the United
States, in the case first brought in the circuit court of
the United States for the District of Colorado, on the
part of the Maxwell Company, accurately and learnedly
discussed the motives which actuated the Mexican gov-
ernment in the making of these large grants of land. In
the entire history of jurisprudence in the West no abler
presentation of law and facts in any case was ever sub-
mitted by any member of the bar of the supreme court
of the United States. In his oral argument, extended
from the notes of the stenographer, Mr. Springer, among
other things, in conclusion, said:
II During the course of this discussion, there has been
frequent mention by counsel for the government of the
large size of this grant, and their argument has abounded
in allusions to 'principalities' and 'empires,' as if it were
supposed that the principles of law are so flexible that
they may be varied according to the subject matter, and
that there may be one rule applicable to a small property,
but another and different one to a great. It is a species
of argument much affected in cases like this, but it seems
to me an appeal far more befitting a jury trial than a
grave discussion before this court.
"It is but a repetition of the popular clamor for which
these Mexican grants have proved a fruitful subject, ever
since the advancing civilization of the country has given
them some value. Mexico has been denounced for making
them, and no epithet is found too severe to characterize
those who venture to claim their ownership. They are
said to be monopolists, land pirates, and robbers. Even
the tribunals, which seek by the force of judicial decision
to keep the plighted faith of the nation by sustaining
them when valid, are not secure from imputation of some
improper motive.
* * It is well enough, in this connection, to remember that
times change, and people and conditions change with
54 THE SPANISH ARCHIVES OF NEW MEXICO
them. Whatever may be our notions now about the pro-
priety of putting such large bodies of land into private
ownership, we have no right to forget that these great
grants upon the frontiers of Mexico were made under
circumstances and motives of public policy totally dif-
ferent from those which now prevail. At that day the
country was of no value to the Mexican people. It was
not even reduced to possession by them. The greater
part of it was occupied and over-run by hostile tribes of
Indians, who were a constant menace to the outlying set-
tlements. The frontiers of those settlements were con-
tinually harassed by their inroads. So that with the
Navajos and Apaches on one side, the Utes on another,
and the Plains Indians on another, the whole region was
unsafe for the habitations of civilized men. Besides, it
bordered on a territory of the United States on the north,
and of Texas on the east, as to both of whom the Mexican
people were suspicious and uneasy.
"It became, therefore, a part of the deliberate policy
of the Mexican government to encircle these outlying
provincial settlements with large grants of land, made
to those adventurous spirits who were willing to lead
forth colonies, extend the frontiers of civilization, and
build up barriers against the inroads of their savage en-
emies, and the encroachments of their enterprising neigh-
bors across the border. For this purpose, it gave the
lands without stint, and without regard to quantity. As
to any value in the land itself, they gave it no sort of
consideration. A league then signified less than an acre
now in the fertile and secure valleys of the Ohio or Mis-
sissippi. Measurements and descriptions were rude and
carelessly made. It was never contemplated that they
should be submitted to the tests by which scientific en-
gineers would define the boundaries of a bonanza mine,
or survey a lot on Broadway.
"The grantees of these lands paid for them, not in
money, but in the service they then gave the state, and
by the risks they took in maintaining a foothold upon
them. And the same may be said of the early American
pioneers who acquired them from their Mexican owners.
I doubt if any of those who now bawl the loudest about
the Maxwell Grant would have had either the sagacity
to secure it as Maxwell did, or the courage to hold it
through the perils of a quarter of a century of Indian
warfare.
"When this portion of its territory came to be ceded
THE SPANISH AECHIVES OF NEW MEXICO 55
to the United States, the Mexican government made it
an express condition that its previous grants of land
should be acknowledged and protected. It is a fact
worthy of note, that notwithstanding the desperate con-
dition of Mexico after the war ; with her armies dispersed ;
her strongholds in our possession; and our flag flying
over her capital; when the treaty of peace had been
formulated, and was ratified by the United States sen-
ate, with only the general clauses for the protection of
property rights which are usually quoted in the eighth
and ninth articles, the Mexican government refused to
ratify it until they had obtained a solemn guarantee
from the commissioners of the United States, added in
the form of a protocol, expressly stipulating that the
grants of land in the ceded territory made prior to May
13, 1848, should be acknowledged by the American tri-
bunals.
"And I say now, after the labors of the pioneers for
half a century have made it safe and comfortable to live
there, it lies not in the mouth of any man coming there
amid the ease and luxury of a palace car, to say that
Mexico had no right to make these grants, and the
grantees no right to own them. The United States, so
far as it depended upon its legislative and judicial de-
partments, has never sought to evade the obligations im-
posed upon it by this treaty. It has desired to ac-
knowledge and confirm the property rights derived from
Mexico. Whether great or small, in every case where it
is evident that the title would have been recognized or
perfected by the Mexican authorities, it has, as this court
has said, not sought to discover forfeitures, nor enforce
rigorous conditions. It has not sought to defeat them
by a rigid adhesion to strict rules, or the application of
refined technicalities. It has endeavoured to act as a
great nation, ready and anxious to perform its treaty
stipulations, ungrudgingly and liberally, as the law and
policy of nations enjoin. Its declared purpose, as long
ago stated by this court, has been to authenticate titles,
and to afford the solid guaranty to rights which ensue
from their full acknowledgment by the supreme author-
ity.
"To judge from the records of the nisi prius courts in
many of the western states and territories during the past
few years, an observer might well suppose that a United
States patent, instead of being a settlement of title, is
but the beginning of litigation; that instead of being a
56 THE SPANISH ARCHIVES OF NEW MEXICO
record proof of the final action of the government in dis-
charge of its treaty obligations, as this court has said it
shall be; instead of being the guaranty of peaceable and
quiet enjoyment, it is but a delusion and a snare ; a trap
to catch confiding purchasers; and that its issue, even
at the end of protracted controversies, is but the signal
for fresh attack in the name of the government which
gave it, with all its accompanying train of expense, de-
lay, vexation, disaster, and ruin. It has become fashion-
able of late to attack United States patents. And so
feeble has become the security they afford, and so little
regard is shown for the sacred character which they were
supposed to possess, that their holders are called upon to
defend their validity in ruinous litigation, as often as
any covetous intruder or restless demagogue can get near
enough to the law officers of the government, to make
them hear his loud resounding cry of fraud.
"Macauley has somewhere given a picture of the
British public in one of its periodic attacks of morality,
and I am not sure but it might equally apply to those
paroxysms of virtue into which a portion of the American
public occasionally works itself. At such times, the cry
of fraud becomes epidemic throughout the land, and is
echoed far and wide. It is taken up by every man who
covets the possession of his neighbor. It is the cry of
indolence against activity and energy ; of envy against suc-
cess; .of the sluggard against the vigilant. It is the cry
of every man who has slept away his opportunities,
against those who were shrewd to think and bold to act
when the time was ripe. It is the cry of every dema-
gogue, who is looking for some popular wave upon which
he may ride into public favor. And in the majority of
such cases, as in the case before us, it is found after all
to be little less than clamor vox, et praeterea nihil.
"Furthermore, it is one of the oldest maxims of the
law that it is for the public good that there be an end of
suits. If this bill can be maintained, then no title, rest-
ing on a United States patent, is safe from disturbance,
whenever its law officers, whether with good judgment or
bad, whether from motives proper or improper, see fit to
bring a suit.. Nor can any man, so claiming, ever tell
when his rights are finally adjudicated. Suppose the
court should vacate this patent, on account of the errors
alleged in the location of its boundaries ; the court cannot
tell us where the true boundaries are upon the ground.
It cannot send corps of engineers to mark them by ap-
THE SPANISH ARCHIVES OF NEW MEXICO 57
propriate monuments in the field. It can not give us
a new patent. We must go back to the land department
for that."
Mr. Justice Miller: "Do you contend, Mr. Springer,
that this court has not the power to reform this patent?
Suppose the court should become satisfied that a patent
has been issued for a certain number of sections of land
in excess of the quantity authorized by law; could not
the court by a decree declare that the patent should not
include them? Or, if the proofs should show that this
grant was limited to the summit of the Raton mountains
on the north, and there were no other objection to such
a decision, could not the court direct a decree to be made
reforming the patent so that it should only include lands
within that boundary?"
Mr. Springer: "Undoubtedly it might do either of the
things your honor suggests. But the difficulty is it would
settle nothing. If this grant had been laid off into town-
ships, and sections, as public lands are, and the patent
had been for certain of these sub-divisions, among which
were some improperly included, the patent could be re-
formed so as to exclude these, and it would remain still
a definite muniment of title for lands about whose boun-
daries or location there could be no further controversy.
But Mexico did not survey or describe her lands in this
way; when we undertake to locate a grant of land de-
scribed by natural objects alone, so as to conform to our
methods, we are compelled to mark the boundaries by
monuments erected upon the ground, and by reference
to the courses and distances preserved in the field notes,
constituting a special survey which bears no relation to
any other survey, except that it may at some point be
connected with one of the known base lines or meridians.
If the court should decree that the patent should be
limited to such part of the tract which has been so sur-
veyed as lies south of the summit of the Raton mountains,
we are left without any definite or authoritative location
of that line upon the ground. If the Raton summit were
marked by a Chinese wall, or some other object so con-
spicuous and universally known that no two persons could
have different opinions about it, it might thus have that
degree of certainty on which such a decree could be based.
But the precise position of that summit is one of the dis-
puted facts of this case. There is conflicting testimony
as to how far the Raton mountains extend, and whether
the northern or the southern edge is the actual summit;
58 THE SPANISH AECHIVES OF NEW MEXICO
and this question would arise and have to be litigated
afresh, every time such a patent was introduced in evi-
dence. We would have the same old controversy with
the government as to where the grant ends and the pub-
lic lands begin. This could only be determined by a
government survey, locating that line by scientific methods
as the other lines are located. And when after another
five years have been consumed in proceedings to that end,
we succeed in securing another survey and another
patent, some other attorney-general, having other and
different theories upon these questions, may bring a bill
to set aside that patent, on the ground that the land of-
ficers have been again mistaken. In fact, the relative
provinces of these two great co-ordinate branches of the
government would be reduced to this if I may be
pardoned a homely illustration that the land depart-
ment drives the stakes, and the courts follow after and
pull them up.
"What is to be the end of all this? And what is to
be the redress of these people whose property is for all
practical purposes thus confiscated under the guise of
equitable proceedings? Such a result would be revolting
to every proper sentiment of public honor. It is un-
worthy of a great nation like this ; and yet it is a picture
not overdrawn, but is a legitimate deduction from the
principles contended for by the government counsel in
this case.
"It is a fact well known, both as a matter of public
history, and from the record of cases that have come be-
fore this court, that the validity of these Mexican grants
has been persistently denied by the American settlers
who went into that country after the tide of emigration
began to set that way. Squatters overran them in
swarms, picking out the choicest spots without giving
themselves the least concern about their titles. I venture
to say that the inroads of these enterprising bands have
given the grantees and their successors far more trouble
than the depredations of the savage tribes with which
they had originally to contend. They have fought these
titles in every way, and in every place where contest was
possible; in court and out; before the land tribunals, and
the executive departments. Every stage of the proceed-
ings looking to the final establishment of the title, and
the location of the boundaries by the United States au-
thorities, has been marked by controversies of some sort.
Their opponents have generally found powerful aid from
THE SPANISH AECHIVES OF NEW MEXICO 59
the land department, which has always been jealous of
Mexican grants, and has never lost an opportunity to de-
feat or curtail them by application of the most strict and
narrow rules of construction. As a general rule, the his-
tory of any of these grants has been that of one long
contest between the owners, seeking recognition of their
rights, on the one side, and the land officers of the United
States, aided by trespassing settlers, on the other; in the
course of which every weak spot in the title has been
tested by numerous and vigilant adversaries. In the very
nature of the case there could be no such thing as hasty
or inadvertant action.
"In this case, forty years have elapsed since the Ter-
ritory passed under the dominion of the United States;
and more than a quarter of a century has been consumed
in controversies and proceedings such as I have described.
It would seem obvious, according to the plainest dictates
of public policy, and in furtherance of that repose of titles
which the peace and order of society demand, that when,
after such protracted controversies, action is had by the
government purporting to be final, it should be so in fact ;
and that not only the claimants, but also the public,
should have the right to rely upon it as such. There
ought to be some time, in the history of a title, when it
will be safe to deal with it. There ought to be some time,
during the life of a generation, in which a title, for the
due acknowledgement of which the sacred honor of the
nation is pledged, shall become settled, so far as the ac-
tion of the government is concerned.
"There are some considerations higher than the merits
or the equities of any particular case. There are some
obligations which the government owes to itself and the
public, which are of far greater importance than the
possession of a few thousand, or a few hundred thousand
acres of land. The faith and credit which are due to its
public acts ought not to be lightly impugned. And when
so solemn an instrument as a patent, signed by the high-
est officer of the nation, bearing upon its face the great
seal of the United States, is duly and regularly given out
as the evidence of title, and the acknowledgement by the
supreme authority of the right of private property en-
titled to recognition by its treaties, it ought to be as
sacred, and as safe from attack, from any quarter, high
or low, as the flag under which we live. The impeach-
ment of the good name of the government, the destruc-
tion of confidence in the titles which it gives, and the
60 THE SPANISH ARCHIVES OF NEW MEXICO
disturbance of public credit and business which follows
in their train, are public calamities, in comparison with
which the interests involved in this suit, were they all
that are claimed^ pale into insignificance.
"Unfortunately it is not in the power of this court, or
of any other tribunal, to afford my client any redress for
the wrong it has suffered by the bringing of this most un-
founded suit. The expenses of litigation, the coloniza-
tion of its lands with fresh swarms of squatters, and the
ruin of its business for a long period of years, all these
must be borne in silence. But if it shall in the end result
in an effectual declaration by this court, of the principles
which shall hereafter guide the officials of the United
States as to the hundreds of other titles in the territory
from which I come, then it will not have been entirely
in vain. ' '
Relative to the first cultivation of any of the lands
upon the Maxwell Grant, the testimony of General Kit
Carson has been preserved, who in 1857, giving testimony
before the surveyor-general of New Mexico, said: "I
have known the property since 1845. I passed there in
1844 with Lucien B. Maxwell and saw large fields of corn,
beans, pumpkins, and a great deal of land cultivated, and
several houses built on the Big Cimarron. I went there
myself with Richard Owens in 1845 ; we built houses and
I had fifteen acres under cultivation. I left in August of
the same year for California. Lucien B. Maxwell settled
on the Rayado, in 1849, and has been there up to this
time : there are about 200 acres under cultivation, $15,000
in buildings, and about 15,000 head of stock on the grant.
Maxwell is the son-in-law of Carlos Beaubien and he holds
the land under the right of Beaubien/'
The members of the Departmental Assembly at the
time this grant was made were Felipe Sena, Antonio
Sena, and Donaciano Vigil was the acting secretary. Don
Juan Andres Archuleta was the prefect. He, under or-
ders from the Department Assembly and the governor,
placed the grantees, Beaubien and Miranda, in possession
on the 18th of April, 1844. The place called Rayado was
settled just one year after the American occupation of
New Mexico.
The charges which were made against Beaubien by Fr.
Antonio Jose Martinez were declared to be false by the
Departmental Assembly, as appears from a report to
Governor Armijo, as follows:
THE SPANISH ARCHIVES OF NEW MEXICO 61
"MOST EXCELLENT SIR: In session today of this most
excellent assembly, in consideration of your excellency 's
decree, has resolved upon the following opinion:
"This most excellent assembly being informed of the
petition of Mr. Carlos Beaubien, in which he states for
himself and in the name of his associate, Miranda, that
in consequence of an order issued by the most excellent
Governor Don Mariano Chavez, the free use and benefit
of their possession was forbidden them, and that this
was done on account of a petition made by the priest
Martinez and the chiefs of the Pueblo of Taos, falsely
stating that this land was granted to Don Carlos Bent
and other foreigners, the aforesaid statement of the priest,
Martinez and associates being untrue, this assembly be-
lieving that the order of suspension having been based
upon that false statement, and in view of the documents
which accredit the legitimate possession of Miranda and
Beaubien, and their desires that their colony shall in-
crease in prosperity and industry, for which purpose he
has presented a long list of persons to whom they have
offered land for cultivation, and who shall enjoy the same
rights as the owners of the land; that the government
having dictated the step for the sole purpose of ascer-
taining the truth ; that the truth having been ascertained,
and the right of the party established, is of the opinion
that the aforesaid superior decree be declared null and
void, and that Miranda and Beaubien be protected in
their property, as having been asked for and obtained
according to law. This is our opinion; but your excel-
lency may determine what you may deem most proper.
"FELIPE SENA
"AGUSTIN DURAN
"ANTONIO SENA
"DONACIANO VIGIL, Secretary"
It is interesting and worthy of preservation that some
of the greatest lawyers in the United States passed upon
the title to this great estate. The concluding paragraph
of an opinion delivered by one of America's greatest
jurists is as follows:
"The one unanswerable, conclusive reply to all the ob-
jections raised, and to all that could be raised (unless
indeed, Congress had been deceived by the fraud of the
petitioners into the confirmation, which no one suggests)
is that the United States are sovereign ; that they owned
the title to the tract in question, if the antecedent grant
62 THE SPANISH ARCHIVES OF NEW MEXICO
was void ; that they had the undisputed, exclusive power
to grant or withhold; to concede, with or without limita-
tions, and that they have chosen to confirm without limi-
tation; that, to the expression of their will, their own
officers owe implicit obedience, and are without power to
question or evade what is expressed by the law to be
their duty. If it be necessary to quote authority in sup-
port of the proposition that the act of the sovereign, un-
like the deed of an individual, can confirm and make
valid a void grant or conveyance, the case of Wilkinson
v. Leland, 2 Peters, 627, is directly to the point.
"I can find nothing in this case, under any aspect in
which it can be viewed, to justify the land officers of the
United States in refusing to survey this grant as con-
firmed by congress. With all the respect which I en-
tertain for their opinions, I cannot doubt that they are
(without the least intention of doing so) inflicting a
grievous injustice on the purchasers by refusing to sur-
vey the grant unless restricted in the manner they pro-
pose. J. P. BENJAMIN
"Temple, 18th January, 1871."
In addition to the foregoing opinion others of like tenor
were given by Thomas F. Bayard, William M. Evarts,
Noah Davis, George T. Curtis, and George H. Williams.
151 SANTIAGO BONE and OTHERS.
Reported Claim No. 35 q. v.
152 FEANCISCO BACA Y OETIZ and SANTIAGO
ABEEU to Maria Gertrudis Barcelo. August 6, 1844.
County of Santa Fe.
Conveyance. Before Tomas Ortiz, Alcalde.
153 CAELOS BEAUBIEN.
Petition in the name of the settlers of the Ponil. Santa
Fe, June 8, 1844. No action taken.
On January 8, 1841, Charles Hipolyte Trotier-Beaubien
and Guadalupe Miranda filed a petition with the gov-
ernor of New Mexico, Manuel Armijo, asking for a grant
of land in that portion of New Mexico now embraced
within the limits of Colfax county and a part of Las
Animas county, Colorado. The petition requested a tract
of land " commencing below the junction of the Rayado
and Red rivers, from thence in a direct line to the east to
the first hills, from thence following the course of Red
THE SPANISH ARCHIVES OF NEW MEXICO 63
river in a northerly direction of Una de Gato with Red
river; from whence following along said hills to the east
of the Una Gato river to the summit of the table-
land (mesa), from whence turning northwest, following
said summit to the summit of the mountain which sep-
arates the waters of the rivers which run towards the
east from those which run to the west, from thence fol-
lowing the summit of said mountain in a southerly direc-
tion to the first hill east of the Eayado river ; from thence
following along the brow of said hill to the place of
beginning. ' *
On January llth, the governor, in conformity with law,
made the grant as requested. On February 22, 1843,
possession was given by Cornelio Vigil, a justice of the
peace of Taos. The following year Mariano Chavez, act-
ing governor, suspended the grant, basing his action upon
a complaint filed by the Rev. Antonio Jose Martinez,
joined by the principales and chiefs of the pueblo of Taos
who complained that the land in question, known as the
"rincon del Rio Colorado" had previously been granted
to the Indians by Carlos Bent, afterward appointed gov-
ernor by General Kearny and killed in the revolution of
January 19, 1847; they also charged that neither Beau-
bien nor Miranda were citizens of Mexico, but were
foreigners.
Manuel Armijo having been again appointed governor,
on the 18th of April, 1844, referred the matter to the De-
partmental Assembly, which body reversed the action of
Governor Chavez and approved the grant to Beaubien
and Miranda.
Guadalupe Miranda had been collector of customs for
General Armijo. Carlos Beaubien was a very prom-
inent man, and on September 22, 1846, when New
Mexico's first officials were named by General S. W.
Kearny, was appointed justice of the supreme court by
that army officer.
The petition filed by the grantees is as follows:
"MOST EXCELLENT SIR: The undersigned, Mexican
citizens and residents of this place, in the most approved
manner required by law, state: That of all the depart-
ments of the Republic, with the exception of the Cali-
fornias, New Mexico is one of the most backward in in-
telligence, industry, and manufactures, etc., and surely
few others present the natural advantages to be found
therein, not only on account of its abundance of water,
64 THE SPANISH ARCHIVES OF NEW MEXICO
forests, wood, and useful timber, but also on account of
the fertility of the soil, containing within its bosom rich
and precious metals, which up to this time are useless for
the want of enterprising men who will convert to the ad-
vantage of other men all of which productions of nature
are susceptible of being used for the benefit of society
within the department, as well as in the entire Republic,
if they were in the hands of individuals who would work
and improve them. An old and true adage says that
'what is the business of all is the business of none;'
therefore while the fertile lands in New Mexico, where,
without contradiction, nature has proven herself more
generous, are not reduced to private property, where it
will be improved, it will be of no benefit to the depart-
ment, which abounds in idle people, who, for the want of
occupations, are a burden to the industrious portions of
society, which with their labor they could contribute to
its welfare and honestly comply with their obligations.
" Idleness, the mother of vice, is the cause of the in-
crease of crimes which are daily being committed, not-
withstanding the severity of the laws and their rigid ex-
ecution. The towns are overrun with thieves and mur-
derers, who, by this means alone, procure their subsist-
ence. We think it a difficult task to reform the present
generation, accustomed to idleness and hardened vice.
But the rising one, receiving new impressions, will easily
be guided by the principles of purer morality. The wel-
fare of a nation consists in the possession of lands which
produce all the necessaries of life without requiring those
of other nations, and it cannot be denied that New Mexico
possesses this great advantage, and only requires indus-
trious hands to make it a happy residence. This is the
age of progress and the march of intellect, and they are
so rapid that we may expect, at a day not far distant,
that they will reach even us.
' ' Under the above conviction we both request Your Ex-
cellency to be pleased to grant us a tract of land for the
purpose of improving it, without injury to any third
person, and the raising of sugar beets, which we believe
will grow well and produce an abundant crop, and in
time to establish manufactories of cotton and wool and
raising stock of every description. [Description as
worded in first part of note.]
"For the reasons above expressed, and being the heads
of large families, we humbly pray Your Excellency to
take our joint petition under consideration, and be
^ica,cU^xaa
COAT OF ARMS OF GENERAL DE VARGAS
THE SPANISH ARCHIVES OF NEW MEXICO 65
pleased to grant us the land petitioned for, by doing
which we will both receive grace and justice.
"We swear it is not done in malice; we protest good
faith, and whatever may be necessary, etc.
' ' GUADALUPE MIRANDA
"CARLOS BEAUBIEN
"Santa Fe, January 8, 1841."
Beaubien purchased the interest of Miranda, and in
1846 removed from Taos to the Cimarroncito, where he
found Lucien B. Maxwell residing. Beaubien died in
1864. His daughter, Luz Beaubien, became the wife of
Maxwell, who meanwhile had purchased the interests of
all the heirs of his father-in-law. Maxwell, in turn, sold
the property to an English syndicate, through the agency
of Wilson Waddingham, D. H. Moffat, and J. B. Chaffee.
Maxwell died at Fort Sumner, New Mexico, in compara-
tive poverty, July 25, 1875.
Beaubien was a native of Canada and was descended
from a long line of noble ancestors. The first represen-
tative of the name in Canada was Jules Trotier, born
in 1590, at St. Malod'lye au Perche, France, who mar-
ried Catherine Loyseau. His son, Antoine, Sieur des
Ruisseaux, married Catherine Lefebone, by whom he had
a son, Michael, Sieur de Beaubien, the first of the family
to bear that name. He married Agnes Godfrey de Line-
tot, and after her death he married Therese Mouet de
Moras. Louis Trotier, Sieur de Beaubien, son of the sec-
ond marriage, married Marie Louise Robida Manseaux.
They had a son, Paul Trotier, Sieur de Beaubien, who,
October 3, 1795, married Louise Charlotte Adelaide
Durocher, daughter of J. B. Durocher and Mar-
guerite Boucher-Denoix. Charles Hipolyte Trotier,
Sieur de Beaubien, was the first child of this marriage.
He came to the United States, using the name of Beau-
bien, and arrived in New Mexico in 1823, along with a
number of other French- Canadians. He settled in Taos,
where he married Paula Lobato, the daughter of a prom-
inent Mexican citizen. Of this marriage there were born :
Narcisco, killed in the revolution of 1847; Luz, the wife
of L. B. Maxwell; Leonar, the wife of V. Trujillo;
Juanita, who married L. D. J. Clouthier; Teodora, the
wife of Frederick Muller ; Petrita, who married Jesus Gil
Abreu ; and Pablo, who married Rebecca Abreu.
68 THE SPANISH AECHIVES OF NEW MEXICO
168 JUAN DE LA MORA PINEDA to Juan Ruiz Cordero.
Santa Fe, April 22, 1716.
Conveyance. Before Juan Garzia de la Riva. House
and land.
169 DIEGO ARIAS DE QUIROS.
In the matter of a reservoir he was constructing in the
City of Santa Fe, at the Cienega. This item, a testimonio,
covers sixteen pages and contains much of historical in-
terest.
Further proceedings were had in the same matter in
the following year, as appears from a document attached
to the foregoing. Phelix Martinez, Governor and Cap-
tain-General ; Miguel Thenorio de Alva, Secretary of War
and Government; Diego Arias de Quiros, Alcalde.
170 JUANA MARTIN, wife of Phelipe de Aratia to Cristo-
val Crespin. Santa Fe, October 28, 1718.
Conveyance. Before Don Francisco Joseph Bueno de
Bohorques y Corcuera, Alcalde.
171 CRISTOVAL CRISPIN to Miguel Duran. Santa Fe,
October 25, 1718.
Conveyance. Before Don Francisco Joseph Bueno de
Bohorques y Corcuera, Alcalde.
172 PEDRO LUCERO, CRISTOVAL GARCIA and VEN-
TURA DE LA CANDELARIA.
Question in regard to the sale of lands at Alburquerque,
before Alonzo Bael de Aguilar, Teniente General of New
Mexico. Alburquerque, April 3, 1722.
173 HERMENEJILDO SISNEROS, PHELIPE NERI
SISNEROS and JUANA SISNEROS vs. JOSEF
LUJAN and SEBASTIAN MARTIN. 1727.
Question as to sale of lands in Rio Arriba. Before Juan
Domingo de Bustamante, Governor and Captain-General.
This grant was originally made to ANTONIO SISNEROS,
father of the complainants.
174 INHABITANTS OF SANTA CRUZ vs. JUAN, AN-
TONIO and CRISTOVAL TAFOYA.
Relative to pastures for stock; 1727. Before Juan Do-
mingo de Bustamante, Governor and Captain-General.
THE SPANISH ARCHIVES OF NEW MEXICO 69
Petition by certain citizens in regard to pasture lands
in the Canada de Santa Clara, which they had formerly
used, but the use of which shortly before had been de-
nied them by Juan de Tafoya, Antonio de Tafoya, and
their father, Cristobal de Tafoya, who claimed that they
had been granted the land for the use of their own herds.
This petition was presented to Governor Bustamante
on December 9, 1727, and he ordered the chief alcalde of
Santa Cruz de la Canada to have the Tafoyas appear
within three days after notification, and present their
title or grant for examination.
Antonio appeared before the alcalde and stated that
his brother was sick, and his father was at Jemez, but that
he (Antonio) would go to Santa Fe to see the governor.
It appears that on his failing to do this within the period
fixed, the governor ordered the alcalde to send him in to
Santa Fe. This was done, and the governor put him in
the guardhouse under arrest, and subsequently ordered
him to make reply within three days to the charges made
by the citizens in their petition.
Tafoya asked that the petition be delivered to him in
order that he might be able to answer the charges; and
stated that he would also explain why he had failed to
appear before the governor when first ordered so to do.
Here the proceedings abruptly end. It seems likely
that these Tafoyas were the same persons who subse-
quently had disputes with the Indians of Santa Clara in
regard to the same lands. These disputes were settled
by Governor Tomas Velez in the year 1763, in favor of the
Indians.
175 LEONOR MONTAftO and MARIA ANTONIA DE
CHAVES to Antonio de Chaves. Santa Fe, Septem-
ber 9, 1729.
Conveyance of a tract of land in Atrisco. Before Don
Diego Arias de Quiros, Alcalde.
176 ANTE No. 175, q. v.
177 PEDRO CHAVES.
Inventory of the estate and partition of the same by Don
Juan Paez Hurtado, Governor and Captain-General. 1736.
178 NICOLAS DE CHAVES.
This document is marked "Escrituras de Dn. Nicolas de
Chaves, en ocho fojas."
70 THE SPANISH ARCHIVES OF NEW MEXICO
JUANA DE SEDILLO, wife of Francisco Garcia to An-
tonio de Sedillo. Alburquerque, January 9, 1734.
Conveyance of land. Before Geronimo Jaramillo, Al-
calde.
DIEGO PADILLA to Diego Borrego. Alburquerque,
January 7, 1734.
Donation of land. Before Juan Gonzales Bas.
ANTONIO SEDILLO, son of Joaquin Sedillo, to Diego
Borrego. Alburquerque, January 11, 1734.
Conveyance of a tract of land below the pueblo of Isleta.
Boundaries, north, the league of the pueblo of Isleta ;
south, a twin alamo called "Alamo de Culebra" ; east,
the Rio Grande-, west, the Puerco ridge. In the con-
veyance it is set forth that this tract was granted to the
father of the grantor by the crown. Before Juan Gon-
zales Bas.
This grant was made to the petitioner, Don Antonio
Sedillo, in the year 1769, whose petition stated "that at
the time when this kingdom was governed by his excel-
lency, Don Francisco Marin del Valle, I and other neigh-
bors of mine presented a petition asking a grant of lands
called 'Los Quelites,' which was granted and given to us,
and which we inhabited for four years, and it is now
nearly three years since the same was abandoned on ac-
count of the great risk and the small forces we had for
such a frontier. I therefore appeal to the Catholic zeal of
your excellency, and humbly kneel down before your roy-
al patronage, asking that your excellency concede to me
a tract of land, which at the end of the aforementioned
land grant I have registered, and which is called 'La
Canada de Los Apaches,' Its boundary on the east is a
hill called Cerro Colorado, which is the boundary of those
of Atrisco; on the west the point of a table-land, which
runs in said direction and which comes out of the said
Canada ; on the north the grant of the settlers of the Rio
Puerco ; on the south the boundary of Mateo Pino. This
I expect from the Christian zeal of your excellency, and
if at any time the said place should become settled, I
shall put no obstacle to their enjoying it, if they do not
prejudice me in the possession of my part, which I so
numbly ask for, and which I claim on account of having
no land of my own whereby to maintain my large family,
and because I am a poor man, and have been for over
THE SPANISH AECHIVES OF NEW MEXICO 71
twenty years in the royal service, as a private soldier,
corporal, sergeant, and on various occasions as a com-
manding judge and at present the chief alcalde of the
pueblos of Acoma, Laguna and Zuiii, for all of which I
pray your excellency, etc. . ANTONIO SEDILLO"
The grant was made by Governor Mendinueta and
possession given by Don Carlos Jose Perez de Mirabal,
in the presence of Captain Baltazar Baca and Manuel
Torres, and the settlers of Atrisco and Rio Puerco, in-
cluding Manuel Vaca, Jose Chaves, and Lieutenant Juan
Bautista Montafio, and some "Navajo Apaches." The
Joaquin Sedillo Grant was confirmed by the court of
private land claims and surveyed for more than 22,600
acres.
The survey was of two tracts, of which No. 1 is claimed
by the heirs of Francisco Javier Chaves, and this conflicts
with the Lo de Padilla Grant.
Tract No. 2 is claimed by the Isleta Indians. It was
patented November 15, 1909.
179 MAEIA GONZALES to Juan Carrillo. Santa Fe,
April 12, 1738.
Conveyance of lands. Before Antonio Montoya, Alcalde.
L80 GKEGOBIO CRESPIN.
Grant by Don Gaspar Domingo de Mendoza, Governor
and Captain-General, Santa Fe, August 8, 1742. Boun-
daries : North, the lands of Captain Sebastian de Vargas ;
south, the road of El Alamo; east, the lands of Captain
Juan Garcia ; west, the lands of Juan Phelipe Rodriguez.
Possession given by Don Antonio de Hulibarri, Alcalde.
To his excellency the governor and captain-general : I,
Gregorio Crespin, inhabitant of the town of Santa Fe,
placed at the feet of the greatness of your excellency in
the best form that there may be allowed to me and say:
That because I am loaded with obligations and that I do
not have a piece of land for ploughing to discharge my
said obligations I have known of a piece of land which is
sitting on the other side of the river which are surplus
lands of Captain Juan Garcia de las Rivas, and its boun-
daries are the following: On the east they adjoin with
the lands of the said Captain Juan Garcia, on the west
with lands of Juan Phelipe Rodriguez, on the north of
Captain Sebastian de Vargas, and on the south with the
alamo road (camino del alamo], which lands I ask the
72 THE SPANISH AECHIVES OF NEW MEXICO
greatness of your excellency to give to me as a grant in
the name of his majesty (whom may God preserve) and
if you will grant them to me that royal possession be
given to me, for I will receive grace, and I swear in due
form that this petition is not done in bad faith, etc.
GREGORIO CRESPIN [rubric]
ORDER
In the town of Santa Fe, on the 8th day of the month
of August, 1742, I, the Lieutenant-Colonel Don Gaspar
Domingo de Mendosa, governor and captain-general of this
kingdom of New Mexico, in view of the present petition I
should and did command the alcalde mayor of this town,
Antonio de Ulibarri, to go upon the tract of lands
asked for by the petitioner and after examining them to
give him in the name of his majesty (God preserve him)
the grant he asks for himself, his children, and successors
by better right, observing at its delivery the circumstances
and necessary requirements such as are accustomed, and
especially the one that no harm shall result to third party ;
thus I provided and ordered and signed with witnesses of
my attendance for the lack of public or royal notary,
there being none, and upon the present paper, there being
none of the seal in said kingdom, to which I certify, etc.
DON GASPAR DOMINGO MENDOSA [rubric]
JOSEPH DE TERRUS
JOSEPH TRUXILLO
In the town of Santa Fe, on the 8th day of the month
of August, 1742, I, the Captain Antonio de Ullibari, al-
calde mayor and war captain of this town, before me ap-
peared Gregorio Crespin, inhabitant of the said town, and
showed me a grant of land made to him by the Lieutenant-
Colonel Don Gaspar Domingo de Mendosa, and having
seen it, I, the said alcalde mayor, went upon the lands
stated in this grant, and being upon them and having ex-
amined them I took the said Gregorio Crespin by the hand
and led him over the ground. He plucked grass, cast
stones, shouted, saying : ' * Long live the King of Spain, my
lord Don Phillip the fifth" (whom may God preserve) fix-
ing for him the boundaries, which are : On the east with
lands of Captain Miguel Garcia de las Rivas, on the west
reaching up to the lands of Phelipe Pacheco, on the north
the highway for wagons that goes from this town to the
alamo (camino real de los carros que sale de esta villa
para el alamo) on the south side an ancient ditch which
forms the boundary of Juan Arguello; and at said act
THE SPANISH ARCHIVES OF NEW MEXICO 73
of possession were present Phelipe Tafoya, Juan Antonio
de Apodaca, Juan Arguello, Juan Antonio de Archuleta,
whom I asked if they knew or have noticed whether any
one had a right to these lands, and all answered that
they did not know or have notice that any other person
had a right to the same, but they had always believed it
to belong to Captain Juan Garzia de las Rivas ; thus they
stated before me the said alcalde mayor, acting as judge
commissioner; for the lack of public or royal notary for
there are none in this kingdom ; upon the present kind of
paper, for there is none of the seal in these regions, to
which I certify. ANTONIO DE ULIBABBI [rubric]
Witt. :
PHELIPE TAFOLLA; JUAN MANUEL CHIBINOS.
181 JUANA BACA to Joaquin Codallos y Eabal, Governor
and Captain-General.
A house and lot. Santa Fe, June 10, 1746. The gov-
ernor bought this property in order to destroy it as it
obstructed the approach to the new church.
This archive contains certified copies of two deeds, made
in 1714, which describe lands situate "En la Calle El. q
ba de la plaza a la Tglesia nueba q se esta fabricando-,"
translated On the main street which goes from the plaza
to the new church which is being built. This shows that
the church which De Vargas built at the time of the re-
conquest, or the church which stood in Santa Fe before
1680, mentioned in archives No. 8 and No. 169, and which
was destroyed by the Indians in 1680, was on the plaza.
182 ANTONIO SISNEROS.
Only four pages and there is no date and no signature as
well.
183 ANTONIO CASADOS and LUIS QUINTANA. In-
dios Gemzaros vs. . . Barrera, Diego de Torres, and
Antonio Salazar.
Matters relative to lands at Belen, county of Valencia.
This item consists of testimonios of the original papers
which were sent to the C6nde de Fuenclara, Viceroy of
New Spain. 1746.
Some Indians claimed that lands at Belen were the
property of an Indian pueblo and that the Spaniards were
intruding upon them.
74 THE SPANISH AECHIVES OF NEW MEXICO
184 NICOLAS DE CHAVES. Compromise with Bernabe
Baca.
Reported Claim No. 155, q. v.
185 JUANATILLA, a half-breed woman. 1747.
Inventory and partition of her estate. Pueblo of San
Buenaventura de Cochiti. Before Don Joaquin Codallos
y Eabal, Governor and Captain-General.
186 PAETIDO DE CHAMA.
Decree of Captain-General Tomas Yelez Cachupin pro-
hibiting the abandonment of said Partido. Santa Fe,
August 1, 1749.
This is a decree prohibiting the abandonment of the
Chama district.
187 JUAN EOMEEO to Joseph Cordova. San Francisco
Xavier del Pueblo Quemado, January 12, 1750.
Conveyance of land. Before Juan Joseph Sandoval, Al-
calde.
188 PEDEO COEDOBA to Lazaro Cordoba. Pueblo Que-
mado, February 12, 1750.
Conveyance of land. Before Juan Joseph Sandoval, Al-
calde.
189 LAZAEO DE COEDOBA to Antonio de Cordoba, Pues-
to de Nuestra Senora de la Soledad del Rio Arriba. En
la Villa Nueva de Santa Cruz. September 1, 1750.
Conveyance of lands. Before Juan Joseph Lobato, Al-
calde.
190 MANUELA DE VEYTIA to Salvador Casillas. Santa
Fe, March 2, 1751.
Conveyance of house and lot. Before Joseph Bustamante
y Tagle, Alcalde.
191 ANA MAEIA DE COEDOVA.
Will. Pojoaque, March 16, 1753. Before Hilario Ar-
chuleta, Alcalde.
192 JOSEPH EODEIGUEZ to Tomas Casillas. Santa Fe,
May 8, 1753.
Conveyance of land. Before Nicolas Ortiz, Alcalde.
THE SPANISH ARCHIVES OF NEW MEXICO 75
] 93 JUANA GALVANA, a half-breed of Zia.
Inventory and partition of her estate. Before Antonio
Baca, Alcalde, 1753.
3.94 SEBASTIAN DE VARGAS to Gregorio Crespin. San-
ta Fe, November 7, 1755.
Before Francisco Guerrero. Lands. 400 by 58 varas in
area.
195 MARCIAL MARTIN, Executor of Sebastian Martin,
deceased, to Francisco Chacon. Santa Cruz de la Can-
ada, December 14, 1763.
Before Manuel Garcia Pare j a, Alcalde.
196 QUITERIA CHAVES. Petition sobre el repartimien-
to de unas tierras a sus Jiijos naturales en defecto de no
Ptenerlos legitimos. Alburquerque, 1764.
Lands situate in Atrisco. Before Don Tomas Velez Ca-
chupin, Governor and Captain-General.
197 MARIA CHAVES, widow of Sebastian Martin.
Will. Puesto de Nuestra Senora de la Soledad, county of
Rio Arriba, May 2, 1765. Before Manuel Garcia Pareja,
Alcalde.
198 PETRONA DE CARDENAS.
Will. Santa Cruz de la Canada. February 15, 1767.
Before Manuel Garcia Pareja, Alcalde.
199 ANTONIO and PEDRO CHAVES.
Grant. Reported Claim No. 99.
200 IGNACIO CHAVES, et al.
Reported Claim No. 96.
201 NICOLAS DE CHAVES.
Reported Claim No. 155.
This grant was made in 1768, January 20, to Ignacio,
Tomas, Miguel, and Antonio Chaves, all residents of the
valley of Atrisco, whose ' ' fathers and grand-fathers were
the conquerors of this province" and who were anxious
"to follow in their foot-steps" according to the wording
of the petition. They also had in mind treating the Nava-
jos and Apaches "with love and Christian sincerity, en-
deavouring to attract them to a love of our Holy Faith"
76 THE SPANISH AECHIVES OF NEW MEXICO
and all of whom were to be present when possession was
ordered given. The grant was made by Governor Men-
dinueta and possession was given by Captain Bartolome
Fernandez, who names with the Chaves Don Domingo de
Luna as a grantee, who had applied for the property
along with the others.
202 INHABITANTS OF CAENUEL.
Reported Claim No. 150.
203 CARBISAL.
Testimonio of proceedings relating to the re-settlement of
the same. Manuel Antonio San Juan, Sargento Mayor y
Capitan Justicia Mayor, El Paso del Rio del Norte.
The re-settlement of Carrizal; probably in the present
State of Chihuahua, Mexico.
204 FEANCISCO ANTONIO CHAVES and BAETO-
LOME MONTOYA, for themselves and 12 others of
Atrisco vs. DIEGO ANTONIO CHAVES. Atrisco,
1786.
Question of entrances, exits, etc. Before Don Juan Bau-
tista de Anza, Governor and Captain-General. Manuel
de Arteaga, Alcalde.
205 CEBOLLETA GEANT.
Reported Claim No. 46, q. v.
206 CEBOLLETA GEANT.
Reported Claim No. 46, q. v.
207 CEBOLLETA GEANT.
Reported Claim No. 46, q. v.
This was confirmed March 3, 1869, and was surveyed
in 1876. Its entire southern boundary is coterminous
with the northern boundary of the Paguate Purchase,
which is the property of the pueblo of Laguna. The
grant was patented in 1882. The question of the cor-
rect location of the Gavilan table-land has been a matter
of dispute for years.
208 TEEESA COETES.
Question in regard to the possession of lands at Abiquiu.
Before Alberto Mainez, Governor, in the year 1808, and
apparently continued until 1824.
THE SPANISH AECHIVES OF NEW MEXICO 77
The expediente contains forty-six fojas and is incom-
plete.
On page 1 of leaf 2 is a reference to the pueblo of
Abiquiu having been founded in 1754, by Governor Veles
Cachupin.
209 JOSE ANTONIO CHAVES for himself and in the
name of the heirs of ESTEVAN and BERNARDO PA-
DILLA, all of San Andres de las Padillas.
Title as to lands. Before Don Jose Manrique, Governor,
1809. Lorenzo Gutierrez, Alcalde.
210 CANON DEL JEMEZ.
Complaint of settlers vs. Bias Lopez. November 6, 1809.
Before Don Jose Manrique, Governor. No action taken.
211 JOSE AGUSTIN DE LA PENA, and in the name of DO-
kMINGO CHAVES, LUIS PADILLA and FRANCIS-
CO PADILLA and of the HEIRS of CLEMENTE
GUTIERRES vs. URSULA CHAVES.
Question as to lands, 1809. Before Don Jose Manrique,
Governor.
212 BUENAVENTURA CHAVES.
Question of lands in the Los Lunas Tract. 1810. Before
Don Jose Manrique, Governor.
Los Lunas; there are matters of some historical sig-
nificance in this item.
213 ANTONIO CANJUEBE ; half-breed of the Pueblo of
Santa Clara. 1744 to 1817.
Petition in regard to a piece of land near the pueblo of
Santa Clara. Before Don Joaquin Codallos y Rabal, Gov-
ernor. Francisco de Roa y Carrillo; Phelipe Jacobo de
Nuanes; Santiago de Roybal, Vicar and Ecclesiastical
Judge; Antonio Duran de Armijo, Notary; Pedro Maria
de Allande, Governor; Bernardo Bonavia, Commandante
General, Durango.
This document is interesting rather than important. It
relates to a dispute between the pueblo of Santa Clara
and certain Indians of that pueblo, in regard to a strip
of land within the boundaries of the grant. These In-
dians claimed that the land in dispute had been acquired
by their grandfather, Roque Canjuebe, in exchange for
78 THE SPANISH AECHIVES OF NEW MEXICO
other land nearer the pueblo ; that this occurred in 1744,
when their grandfather by permission of the Spanish gov-
ernment severed his tribal relations and became a Spanish
citizen.
The dispute about the land arose in 1815, when the
pueblo of Santa Clara objected to the Indians who
claimed to be Spanish citizens remaining within the
boundaries of the grant, and occupying lands there.
Governor Alberto Maynez decided in favor of the pueblo,
and some of the Indians who claimed to be Spanish citi-
zens and to have a right to the land in dispute, not only
because it had belonged to their grandfather, but also be-
cause they had occupied it long enough to acquire title
by prescription, made as many as three trips clear to
Durango and back, to lay the matter before the command-
ant general. It was finally settled by their surrendering
the land to the pueblo, and being permitted to take up
their residence wherever they saw fit.
The arguments advanced by the litigants in support of
their several contentions are quite interesting.
The pueblo of Santa Clara is referred to as "El Pueblo
de Santa Clara de los Caballeros."
214 TOWN OF CEVILLETA.
Reported Claim No. 95.
Don Juan de Onate gave the name to the pueblo. He
found it a small place and called it "New Seville." It
was a Piro pueblo. Onate also mentions a pueblo sixteen
miles north which would be about where Sabinal of today
is located ; there is an old ruin there, which was inhabited
in Onate 's time.
The pueblo of Sevilleta was destroyed in wars with
other tribes, according to Fr. Benavides, Memorial, p. 16.
In the year 1626, it was re-settled and a church dedicated
to San Luis Obispo, was built. This was the headquarters
of a mission and was the most northerly at that time of
the Piro settlements. In 1680, at the time of the driving
out of the Spaniards, this was a very small place, and the
inhabitants accompanied the Spaniards to El Paso. Ve-
tancurt, Cronica, p. 310, says of the place: "Y le habitan
tres familias, hoy estd asolado." Alonzo de Garcia
Autos presentados en Disculpa, folio 45, says: "Y habi-
endome llegado al Pueblo de Sevilleta donde halle a los
naturales de dicho pueblo quiet os y pacificos al paracer,
pues dejaron su pueblo, y me fueron siguiendo hasta el
del Socorro, que unos, y otros con de nacion Piros."
THE SPANISH ARCHIVES OF NEW MEXICO 79
These Piros were not invited by the northern pueblos to
participate in the uprising; see Interrogatories de varios
Indios, 1681, folio 125: "Que cogio un mecate de palmilla,
y marando en el unos nudos, que significaban los dias que
faltaban, para la egecucion de la tracion, lo despacho por
todos los pueblos hasta el de la Isleta sin que quedase en
todo el reyno, mas que el de la nacion de los Piros."
The Sevilleta Land Grant was made in 1819, with an
area of 224,770 acres ; the claim was approved by the sur-
veyor-general in 1874. It was confirmed to Felipe Peralta
et al. by the court of private land claims, the area being
261,187.90 acres.
215 MARIA DE LA LUZ CANDELARIA. San Jose de las
Huertas, 1820.
Complaint against Francisco Miera in the matter of a
tract of land at San Francisco, jurisdiction of Las Huer-
tas. Before Don Facundo Melgares, Governor.
RANCHO DE CUBERO. Three loose papers relating to
a rancho situate between the pueblos of San Felipe and
Santo Domingo. Santiago Fernandez and Jose Alexandro
Quintana, claimants. Before Don Facundo Melgares, Gov-
ernor.
216 URSULA CHAVES, of Las Padillas, vs. JOAQUIN
PINO.
Question of a rancho by the name of "El Rito." 1821.
Before Don Facundo Melgares, Governor.
217 IDEM, q. v.
218 ANTONIO CHAVEZ, of Belen.
Petition for lands, 1825. The place called "Arroyo de
San Lorenzo." Boundaries: North, the Mesita del Ala-
millo; south, Rancho de Pablo Garcia; east, El Rio del
Norte- } west, el ojo de la Jara. Before the Territorial
Deputation. On March 3, 1825, this petition was granted
by the deputation.
These papers contain a reference to the Socorro Grant,
q. v.
219 INHABITANTS OF LA CANADA.
Permission given them to settle on lands near the pueblo
of Picuries, by the Territorial Deputation. May 2, 1829.
80 THE SPANISH ARCHIVES OF NEW MEXICO
220 SAMUEL CHAMBERS, a naturalized citizen.
Petition to the Territorial Deputation asking permission
to settle on the Rio del Ponil. Refused. November 10,
1830.
221 JOSE and RAMON TORRES.
Question of lands with the Cura, Vincente Chaves. Sa-
binal, November 9, 1831. Letter to Jose Antonio Chaves,
Jefe Politico. The lands are at the place called "Basque
Redondo."
222 ANA MARIA DEL CASTILLO vs. MIGUEL SENA.
Santa Fe, May 20, 1834.
Claims a house and lot in the City of Santa Fe.
223 IGNACIO, FRANCISCO, JOAQUIN, JOSE and JOSE
DE LA CRUZ CHAVES and MIGUEL ARCHULETA
and NICANOR IDALGO.
Petition for lands at Galisteo. January 29, 1842. Before
Colonel J. Andres Archuleta, Prefect. Granted.
224 GRANT within the limits of the present State of Colo-
rado.
225 JUAN DE JESUS CORDOBA and JOSE MANUEL
TRUJILLO of San Pedro de Chamita.
A question as to water rights, 1843.
226 JOSE FRANCISCO BARELA to Juan Coquindo.
Voiles de Santa Gertrudis de lo de Mora. October 7,
1844.
Validation of a conveyance of land. Before Tomas Ortiz,
Alcalde.
227 LUIS CARBONO. Grant. Voile de Santa Gertrudis
de lo de Mora, October 10, 1844.
The tract is situate at the place known as "La Cueva de
los Pescadores." By order of the Prefect of the First
District, Colonel Juan Andres Archuleta, dated January
3, 1844. Before Captain Tomas Ortiz, Alcalde.
228 LA CIENEGA. City of Santa Fe. Years 1826 to
1845.
Seven papers relating to this tract of land.
THE SPANISH ARCHIVES OF NEW MEXICO 81
129 TOWN OF CHAPERITO.
File No. 7, office of Surveyor-General, q. v.
130 MANUEL VAC A to Fernando Duran y Chaves. Ber-
nalillo, May 5, 1701.
Donation of a piece of land " que es la cantidad que al-
canzare un ttiro de piedra con la mano."
Before Joseph Rodriguez, Alcalde. Testimonio certi-
fied to by Joseph Eodriguez.
The original grant to the lands at Bernalillo, after the
re-conquest was made by General De Vargas, to Felipe
Gutierrez; it had previously been granted to Gutierrez
by Governor Cubero, December 3, 1701. The original
petition applied for a tract of land situate on "this side
of the Rio del Norte, in front of the house of Captain
Diego Montoya, which is called the Ancon del Tejedor
(Weavers' Bend), containing a league and a half in
I area." De Vargas re-validated the grant in 1704, and
royal possession was not given until 1708 by Martin
Hurtado, alcalde and war-captain. In 1742 Don Gaspar
Domingo de Mendoza required Antonio Ulibarri, chief al-
calde of Alburquerque, to ascertain and report to him
whether this tract had been occupied or abandoned, as
a grant of the same had lately been made to the Captain
Luis Garcia. Don Tomas C. de Baca testifying in this
case, declares that at the time of the making of the grant
the Rio Grande was to the east of the property.
231 JOSEPHA DOMINGUEZ, widow of Matias Martin.
Santa Fe, 1710.
Presents will of her deceased husband. Before Captain
Phelix Martinez, Governor, and Captain Juan Paez Hur-
tado, Visitador General. This is a partition proceeding.
232 BENITO DOMINGUEZ. Grant. Santa Fe, 1715.
Before Don Juan Ignacio Flores Mogollon, Governor.
Tract situate near the City of Santa Fe.
233 DIMAS XIRON DE TEGEDA, husband of Ana Maria
Dominguez.
Claims dower from Jose Dominguez. 1716. Santa Fe.
234 CARLOS LOPEZ to Antonia Duran, widow of Pascual
Trujillo. Santa Fe, October 15, 1716.
Conveyance of land in Pojoaque. Before Juan Garsia
de la Riva.
82 THE SPANISH ARCHIVES OF NEW MEXICO
235 JUANA DOMINGUEZ. Santa Fe.
Will. January 12, 1717. Before Salvador Montoya, Al-
calde.
236 EOSA DURAN DE AMIJO vs. ANTONIO DE URRI-
BARRI. 1732.
Claims to be heir to estate of his deceased wife, Maria de
Chaves. City of Santa Fe.
Before Don Gervasio Cruzat y Gongora, Governor and
Captain General. Juan Antonio de Unanues.
JUAN BACA. Part of inventory of estate. Bernalillo,
1727. Antonio de Gruciaga, Secretary of Government
and of War.
237 JOSEPH DURAN. Grant. Santa Fe, August 18,
1743.
Before Don Gaspar Domingo de Mendoza, Governor. Pos-
session given by Antonio de Hulibarri, Alcalde. Land on
the other side of the river in the City of Santa Fe.
238 LEONOR DOMINGUEZ, widow of Cristoval Xara-
millo, to Nicolas Duran. Alburquerque, December 11,
1734.
Conveyance of land before Juan Gonzales Bas.
PEDRO LUZERO to Nicolas Duran. Alburquerque, Au-
gust 10, 1735.
Conveyance of land. Before Juan Gonzales Bas, "las
quotes tubo por erencia de su difunto padre, Nicolas Lu-
cero, quien las poseo por mersed que de ellas y otras mas
se le yso en nombre de su Magd. como a originario fun-
dador de esta villa." No. 1040 q. v.
239 ANTONIO DOMINGUEZ. Grant. Santa Fe, August
14, 1742.
A piece of land on the other side of the river (meaning
the Rio Santa Fe.}
Before Don Gaspar Domingo de Mendoza, Governor.
240 ANTONIO DURAN DE ARMIJO.
Inventory of the estate and other papers. San Geronimo
de Taos, 1748.
Maria Gertrudis Duran de Armijo, daughter of the
above and Barbara Montoya, sole legatee.
Barbara Montoya. Will. Dated San Geronimo de
THE SPANISH ARCHIVES OF NEW MEXICO 83
Taos, January 18, 1745.
calde.
Before Francisco Guerrero, Al-
CRISTOBAL DE LA SERNA. Grant.
A rancho in the valley of Taos formerly held by Fer-
nando de Chaves. Boundaries: "por una parte el camino
de en medio, y por la otra el Ojo Caliente y por el oriente
una mono j era antigua, y por la otra, la sierra. 9 ' Serna
first asked for this grant in 1710 and it was made by the
Marquis de la Penuela. In 1715 it was re-validated by
Mogollon, governor, and possession was given by Juan de
la Mora Pineda, alcalde. On November 24, 1724, the
grant was presented by Diego Romero to General Juan
Paez Hurtado, governor and visitador general, and by
him approved. The paper in this item is a testimonio,
made in 1743, by Francisco Guerrero, alcalde, and is
witnessed by Juan Domingo Paez Hurtado and Joseph de
Terrus. It appears that the approval above mentioned
was intended to vest the title to the grant in the said
Diego Romero, as will be seen by the proceedings had be-
fore the alcalde, Francisco Guerrero, in May, 1743. The
words used in the approval by the captain-general are
"Diego Romero vesino de dicho pueblo presento esta
mersed que vista y reconosida por mi la doi por bastante
titulo en forma por visitador."
ANDRES and FRANCISCO ROMERO, ANTONIO DE
ATTENCIO and ANTONIO DURAN DE ARMIJO.
Petition for partition of the grant now called "Rancho
del Rio de las Trampas." The partition was made on
May 5, 1743, by Francisco Guerrero, Alcalde.
DIEGO ROMERO.
Petition to register a brand, 1714, 1715. Before Miguel
Thenorio de Alba and Juan Paez Hurtado, Governor and
Captain-General. Miguel Enriquez, Secretary of Gov-
ernment and War.
.
JUAN (A) and SEBASTIAN (A) de la Serna to Diego
Romero. Villa Nueva de Santa Cruz, August 5, 1724.
Conveyance of the above grant. Before Cristoval Tor-
res, Alcalde.
ANTONIO ATTIENSA and MARIA ROMERO, Ms
84 THE SPANISH AECHIVES OF NEW MEXICO
wife, to Antonio Duran de Armijo. San Geronimo de
Taos, October 29, 1726.
Conveyance of house and 405 varas of land in the val-
ley of Taos. Before Francisco Guerrero, Alcalde.
BAEBAEA MONTOYA, Intestate, widow of Diego Eo-
mero and afterwards married to Antonio Duran de
Armijo.
Proceedings in the settlement of her estate. Before
Francisco Guerrero, Alcalde. Testimonio, May 18, 1748.
( Original. )
Further proceedings were had in this matter before
Juan Antonio Ordenal, Juez y Visitador, in the year 1749.
Don Joaquin Codallos y Rabal, Governor; Antonio
Martin, Alcalde; Phelipe Jacobo de Unanues; Juan Gar-
sia de Mora; Gregorio de Garduno; Miguel Thenorio de
Alva; Cristobal Torres, Alcalde; Antonio Duran de Ar-
mijo; Thomas de Alvear y Collado.
241 JUAN TEUXILLO and TOMAS DE TAPIA to Juan
Duran. Pueblo of Pojoaque, April 19, 1751.
Conveyance of house and land. Before Juan Joseph Lo-
vato, Procurator General. Conveyance of 146 varas of
land.
242 DOMINGO BENAVIDES to Antonio Dominguez.
Santa Fe, October 24, 1751.
Conveyance of house and land. Before Jose de Busta-
mante Tagle, Alcalde.
243 CHATALINA DUEANA, widow of Bartolome Gar-
duno, intestate, Santa Fe, May 23, 1752.
Inventory of her estate. Before Jose de Bustamante
Tagle, Alcalde.
244 MANUELA BEITO to Antonio Dominguez. Santa
Fe, July 10, 1764.
Conveyance of house and land. Before Francisco Guer-
rero, Alcalde.
245 MAEIA DE AECHIBEQUE, widow of Francisco Jo-
THE SPANISH ARCHIVES OF NEW MEXICO 85
seph de Casados, and Joseph Sanches to Salvador Du-
ran. Santa Fe, November 15, 1764.
Conveyance bf a rancho on the other side of the river
(Santa Fe). Before Francisco Guerrero, Alcalde.
:6 MANUEL DURAN DE ARMIJO of Alburquerque.
Will, inventory, and partition of his estate. 1764. Be-
fore Baltazar Griego, Alcalde. It seems that this man
was also known as Manuel Armijo, Segundo.
7 JUAN JOSEPH DURAN vs. ANTONIA DE MEDINA,
widow of Batolome Truxillo. Santa Fe, 1767.
Claims the interest of his wife in the estate of said
Truxillo. Before Don Tomas Velez Cachupin, Governor
and Captain-General.
BARTOLOME TRUXILLO. Resident of Chama.
May 16, 1764.
Will. Executed before Joseph Esquibel, Alcalde.
TERESA ERRERA (HERRERA), resident of San
Joseph de Chama.
Will. Executed before Francisco Sanches, Alcalde, Sep-
tember 16, 1759.
BARTOLOME TRUJILLO. 1752.
Part of testimonio of grant to a rancho at Santa Rosa de
Abiquni. Before Don Tomas Velez Cachupin, Governor.
Possession given by Juan Joseph Lobato, Alcalde. Testi-
monio certified to by the Governor, Don Tomas Velez
Cachupin.
BARTOLOME TRUJILLO.
Testimonio of petition to Captain-General Don Tomas
Velez Cachupin, for re-validation of grant to a tract of
land at Abiquiu which petition was granted October 7,
1752. Testimonio dated November 7, 1766.
ANTONIO FELIZ VALDES LA VANDERA. Aboga-
do en las Reales Audiencias, Chihuahua.
Decision, January 27, 1767. Antonio de Beitia, Alcalde ;
Juan Joseph Lovato, Alcalde; Phelipe Tafoya, Procura-
dor de la Villa de Santa F&-, Francisco Antonio Zis-
86 THE SPANISH AECHIVES OF NEW MEXICO
neros ; Juan Domingo Lobato ; Geronimo Esquibel ; Carlos
Fernandes; Domingo Labadia; Joseph Esquibel, Alcalde;
Manuel Garzia Pare j a, Alcalde; Francisco Guerrero, Al-
calde; Juan Bautista Vigil; Joseph Maldonado; Julian
de Armijo; Antonio de Armenia; Mattheo de Pefiare-
donda.
248 GEETEUDES EODEIGUEZ to Salvador Duran.
Santa Fe, May 8, 1768.
Conveyance of land. Before Don Phelipe Tafoya, Al-
calde.
249 NICOLAS APODACA to Juan Jose Duran. Santa Fe,
April 20, 1776.
Conveyance of land in grant at Pojoaque. Before Manuel
Garsia Pareja, Alcalde.
250 JOSE DUEAN Y CHAVES. Intestate. San Carlos
de Alameda. 1783.
Inventory and partition of estate. Before Nerio Antonio
Montoya, Alcalde. Don Juan Bautista de Anza, Gov-
ernor ; Francisco Perez Serrano ; Vincente Troncoso ; Jose
Marcelo (also written Marzelo) Gallego; Jacinto Gu-
tierres.
251 MAEIA DOMINGA vs. JUAN LAUREANO. Natives
of the Pueblo of Sandia.
Inheritance. 1792. Before Cleto Miera y Pacheco, Al-
calde.
JOSE JOAQUIN DE LISARRARAS Y GAMBOA.
Of the Real Audienda de Guadalajara. Official letter
relating to a murder case.
252 MANUEL DELGADO. Intestate.
Inventory and partition of his estate. Santa Fe, 1815.
Before Alberto Mainez, Governor. Juan Rafael Ortiz;
Marcos Delgado; Jose Francisco Baca; Fernando Del-
gado; Manuel Delgado; Antonio Ortiz; Ignacio Elias
Gonzales.
253 AYUNTAMIENTO of the Pueblo of San Lorenzo del
Real de Dolores. February 18, 1823.
Letter to the Provincial Deputation, asking information
in regard to area of lands.
THE SPANISH ARCHIVES OF NEW MEXICO 87
254 AGUSTIN DURAN, FRANCISCO BACA Y ORTIZ
and FRANCISCO BACA Y PINO.
Petition for lands. 1826. Papers incomplete. Teodosio
Quintana, Secretary of the Territorial Deputation; Jose
Francisco Baca, Alcalde ; Antonio Narbona, Jef e Politico.
15 AGUSTIN DURAN and OTHERS.
Petition for lands between the pueblos of Santo Domingo
and San Felipe. 1831. Before the Territorial Deputa-
tion. No final action taken. Abreu, Secretary.
Juan Antonio Cabeza de Baca, First \
Regidor f Ayuntamiento
Jose de Jesus Sanches, Second Regidor V of
Angel Maria Antonio Gonzales, Third \ Santa Fe.
Regidor /
Jose Martinez \
Ramon Aragon, First Regidor / . .
Antonio Jose Lusero, Second Regidorf Ayuntamiento
Jose Manuel Padilla, Fourth Regidor/ ,.
Diego Montoya, Procurador Sindico \
Antonio Saenz, Secretary /
Petition by Agustin Duran and others, for lands
lying between the pueblos of Santo Domingo and San
Felipe.
It was presented to the Territorial Deputation of New
Mexico on April 14, 1831, and by that body was ordered
to be reported upon by the constitutional town councils of
Cochiti and Sandia.
The town council of the former place reported that
there was no objection to making the grant, notwithstand-
ing the fact that the pueblos of Santo Domingo and San
Felipe had a "Document" for the lands, dated in the
year "sixty" (evidently 1760). They say that the In-
dians had sufficient lands within their pueblo grants, and
had not cultivated the lands for which the petitioners
were asking.
The town council of Sandia reported, that in view of
the fact that the Indians had a very old "document" by
which the land had been granted to them, it could not
see how they could be dispossessed, and moreover it stated
that the Indians had cultivated some portions of the
land.
There is no evidence either in this archive or elsewhere
which shows that any grant was made to the petitioners.
The document referred to by the town councils of Co-
88 THE SPANISH AECHIVES OF NEW MEXICO
chiti and Sandia was probably the grant of 1770, made
by Governor Pedro Fermin de Mendinueta to the pueblos
of Santo Domingo and San Felipe. This grant was filed
with the surveyor-general for New Mexico under the
act of July 22, 1854, but was not confirmed by Congress.
The claim, however, was finally presented to the court
of private land claims, and by that court was confirmed
on December 8, 1898. (See Reported No. 142, U. S. Sur-
veyor-General 's office. )
256 TEEEITOEIAL DEPUTATION.
Decree relating to lands. August 9, 1827. Location not
given.
FRANCISCO ORTIZ, Lieutenant.
Certificate relating to titles to lands in the Real de los
Dolores. July 3, 1839.
257 FELIPE SENA.
Letter to the Governor of the Department. Santa Fe,
July 3, 1845. Relative to the colony at Dona Ana.
258 JUAN PAEZ HUETADO to Francisca de Egurjossa.
Santa Fe, September 7, 1713.
Conveyance of house and land. Before Juan Garsia de
la Riva, Alcalde.
259 VENTUEA ESQUIBEL.
Petition for lands. 1734. Before Gervasio Cruzat y
Gongora, Governor and Captain-General. Refused.
260 MAEIA EOSA MAETIN to Salvador de Espinosa.
Santa Fe, May 9, 1736.
Conveyance of land in Chimayo. Before Estevan Garsia
de Noriega, Alcalde.
261 FEANCISCO and JUAN MANUEL DE HEEEEEA to
Joseph Esquibel. Villa Nueva de Santa Cruz, Apri]
14, 1751.
Conveyance of land. Before Juan Joseph Lovato, Al
calde.
262 ANTONIA DE LA SEENA to Joseph Esquibel. Vill
Nueva de Santa Cruz, July 17, 1751.
Donation. House and lot. Before Juan Joseph Loval
Alcalde.
THE SPANISH AECHIVES OF NEW MEXICO 89
263 JOSEFA SENA to Clemente Esquibel. Santa Fe,
March 15, 1817.
Conveyance of land. Before Jose Francisco Baca, Al-
calde.
!64 JUAN RAFAEL ESQUIBEL.
Will. Santa Fe, December 21, 1819.
ANTONIO ALEJANDRO ESQUIBEL.
Will. Santa Fe, December 21, 1820.
266 FRANCISCO TORRES to Clemente Esquibel. Santa
Fe, May 25, 1824.
Conveyance of land. Before Jose Ignacio Ortiz, Alcalde.
267 LUIS BENAVIDES vs. VICENTE BACA, Alcalde.
Santa Fe, 1827.
Complaint in regard to lands purchased from Maria
Manuela del Carmen Rodriguez. Before Antonio Nar-
bona, Governor (Jefe Politico}.
268 JOSE ESTRADA.
Grant. Valle de Santa Getrudis de lo de Mora, October
7, 1844. Before Jose Ortiz, Juez de Primera Instancia.
Law of April 30, 1842. Articles 13 and 15 q. v.
269 PEDRO BUEN-AMIGO ESPERANZA. Petition.
Santa Fe, February 12, 1839.
Asks for land at Shapellote (Sapello?). No action taken.
No. 1244, q. v.
270 PHELIPE DE ARRATIA to Lucas Flores. Santa Fe,
November 23, 1700.
Conveyance of a house and lot. Before Antonio de
Aguilera Isasi, Alcalde.
271 MARTIN FERNANDEZ.
Petition. Jurisdiction of La Canada. Petition asks for
"sobras" of the lands of Cristobal de la Serna and Cris-
tpval Tafolla, on the Trampas river. No date and no ac-
tion taken.
272 ANTONIO MONTOYA to Maria Fernandez de la Pe-
drera. Santa Fe, February 13, 1740.
Conveyance of house and lot. Before Juan Paez Hur-
90 THE SPANISH AECHIVES OF NEW MEXICO
tado, Governor and Captain-General. Antonio Duran
de Armijo. Baltazar Montoya. Antonio Montoya.
273 IGNACIO JAEAMILLO to Gabriel Fragoso. Santa
Fe, August 26, 1762.
Conveyance of house and lot in Alburquerque. Before
Manuel Gallego, Alcalde. Lucas Moya. Ignacio Jara-
millo. Pedro Tafoya.
274 MARCOS RODRIGUEZ to Juan Joseph Fernandes de
Salasar and Juan Antonio Archuleta to the wife of the
same.
Conveyance and donation of lands. Santa Fe, September
28, 1752. Before Manuel Gallego, Alcalde. Juan An-
tonio Ortiz. Pedro Antonio Tafoya.
275 FRANCISCO XAVIER FRAGOSO.
Will. Santa Fe, April 24, 1766. Before Lieutenant To-
mas Alarid and Ensign Francisco Esquibel.
276 SALVADOR DE SANDOVAL to Carlos Fernandez.
Santa Fe, August 27, 1767.
Conveyance of land. Before Francisco Guerrero, Al-
calde. Francisco Xavier Fragoso. Jose Miguel de la
Pena.
277 NUESTRA SENORA DE LA LUZ SAN FERNANDO Y
SAN BLAS.
Partition of lands. 1772. By Bernabe Montaiio y Cuel-
lar, Alcalde. By order of Don Fermin de Mendinueta,
Governor and Captain-General. Testimonio certified to
by the Governor. Atrisco Grant, q. v.
Nuestra Senora le la Luz San Fernando y San Bias :
"We, Ensign Ramon Garcia Jurado and Antonio, and
Jose and Bernabe Manuel and Juan Baptista and Pedro
and Ramon Garcia Jurado, legitimate sons of Jose Mon-
tafio, all residents of the town of Alburquerque, appear
before your Excellency and state that at the place called
Rio Puerco, there is some public land hitherto unsettled,
with little permanent water, and at the places we now
occupy, we are crowded and needy, for however much we
may labor in the field and in the cultivation of our lands,
we are unable to support ourselves nor always obtain
even sufficient for our daily maintenance, and we are
obliged to go out among the nearest Indian pueblos to
THE SPANISH ARCHIVES OF NEW MEXICO 91
work for them, sometimes weeding their fields, sometimes
bringing firewood from the mountains for the small com-
pensation of a few ears of corn with which they pay for
this and other very laborious work. In consideration
whereof and to the end that our suffering stock may pas-
ture in some adequate place as in the said Rio Puerco,
we therefore humbly pray that your excellency be
pleased in the name of his Majesty (whom may God
preserve) to make us a grant to the said lands, your ex-
cellency being pleased to bear in mind that our fathers
and grandfathers have served his Majesty in the con-
quest and reconquest of this province, as is well known,
as we also ourselves have done since we have been of age ;
participating in all the expeditions and campaigns that
have been projected against the savage enemies, without
up to this time having asked or having been given a piece
of land and if we now ask it of your Excellency it is be-
cause necessity compels us, especially the necessity of
pasturing our stock this winter, and on account of which
necessity we fear, and without doubt it will so prove, that
there will be a great mortality; and therefore in order
to prevent this as well as on account of the benefit which
will result from the increase of the sacred tithes to our-
selves, the community, and the few additional persons
who may join us, for we all carry with us arms and horses,
although up to this time there has been no instance in
which the enemy has come in by that route, it being for
them very difficult as they run great risks of being caught,
and the mountains which they inhabit being far distant.
"BERN ABE MANUEL MONTANO"
The decree by Governor Tomas Velez Cachupin gave
authority to Don Antonio Baca, alcalde of Santa Ana,
Zia, and Jemez, to reconnoiter the country and make re-
port to him, which was done, as appears from the report
by the alcalde, November 2, 1753, dated at the pueblo of
Zia, on the 25th day of November of the same year. The
grant was made by Governor Cachupin and the alcalde
Antonio Baca instructed to place them in possession un-
der the royal protection. The governor named the place
Nuestra Senora de la Luz de San Fernando y San Bias.
The governor also advised the settlers "to preserve peace,
Christian unity and friendly social intercourse, in which
matter the chief Alcalde who now or may hereafter of-
ficiate in that jurisdiction, will exercise particular vigi-
lance and care and they are urged also to attend Mass
92 THE SPANISH AECHIVES OF NEW MEXICO
on the holy days, taking care also that the young and
the Indians be taught the prayers and the Christian doc-
trine, which as Catholics, they ought to know."
The settlement was placed under the jurisdiction of
the chief alcalde of Santa Ana, Zia, and Jemez. The
original settlers as appear from the account of juridical
possession, were : Antonio Gurule, his wife and eighteen
children, including domestics, making twenty; Juan Za-
mora, his wife and six children; Jose Castillo and wife;
Pedro Montano, wife and three children; Antonio Mon-
tano, wife and three children ; Agustin Gallegos, wife and
three children ; Feliciano Hurtado, wife and two children ;
Jose Montano, wife and three children; Jose de Jesus
Montano; Bernabe Montano and son; Marcos Baca, wife
and six children and two servants; Juan Baptista Mon-
tano, wife and three children, two servants; in all twelve
families. The grant was confirmed on March 29, 1754,
by Governor Cachupin; thereafter on the 18th day of
January, 1759, Governor Francisco Antonio Marin del
Valle compelled the settlers to appear before him and
obligate themselves to carry out the provisions of the
original grant, which they did, whereupon the grant was
again made to these parties, and their successors. There-
after in 1769, owing to some erasures in the grant papers
made by Juan Baptista Montano, he was reprimanded
with great severity by Don Pedro Fermin de Mendinueta
for having tampered with the document.
Owing to the constant raids of the Navajos and Apaches
after having cultivated the land for upwards of twenty
years, the grantees were compelled to abandon it and it
was not until the later seventies that the property was
again occupied by the heirs of the original grantees.
Pedro Baca, a son of one of the original grantees, was
killed at San Bias by the Navajos.
278 JOSEPHA AKMIJO by her husband Koque Lobato
and Joseph de Dimas to Carlos Fernandez. Santa Fe,
August 22, 1770.
Conveyance of house and lands. Before Phelipe Tafoya,
Alcalde. Antonio Joseph Tafoya. Joseph Miguel Ta-
foya.
279 JULIANA FERNANDEZ.
Will. Santa Fe, May 21, 1785. Before Jose Maldonado,
Teniente.
THE SPANISH ARCHIVES OF NEW MEXICO 93
280 JUAN ANTONIO FERNANDEZ. Intestate.
Inventory and partition of his estate. Santa Fe, 1784.
Before Antonio Ortiz, Alcalde. Juan Bautista de Anza,
Governor and Captain-General. Francisco Perez Ser-
rano; Julian de Armijo; Vincente Troncoso; Fr. Jose de
Burgos; Vincente Armijo.
281 DOMINGO FERNANDEZ, SANTIAGO FERNAN-
DEZ, JUAN DE ABREGO, BUENAVENTURA ES-
QUIBEL, SANTIAGO RODRIGUEZ for themselves
and the other heirs of Bartolome Fernandez.
Petition for lands, 1815. Before Alberto Mainez, Gov-
ernor. The land called for was then known as the Rancho
de Cuberos and was originally granted to Bartolome Fer-
nandez and Josef Quintana by Don Manuel Portillo Ur-
risola, Governor and Captain-General. It was located
between the pueblos of Santo Domingo and San Felipe.
The petition was granted by Governor Maynez. Jose
Alejandro Quintana was given one-half of the rancho and
according to this item sold his one-half to the Indians of
San Felipe in 1818.
This is a lengthy manuscript in regard to a dispute be-
tween Domingo Fernandez et al. and Jose Alejandro
Quintana, in regard to the interest claimed by the latter
in the Santa Rosa de Cubero Tract, on the west side of the
Kio Grande, between the pueblos of Santo Domingo and
San Felipe. The dispute arose in 1819, and the allega-
tions of the contending parties disclose a pretty full his-
tory of the grant, which is said to have been made orig-
inally about 1761 or 1762 during the administration
of Governor Manuel Portillo Urrisola. It is not necessary
to set forth the details of the contents of this archive 281,
as a complete translation into English is on file in the
surveyor-general's office, in suit 267, in the former U. S.
court of private land claims records.
The important feature of it is that on pages 34 to 37
of the original there is a deed made by Jose Alejandro
Quintana at Bernalillo on June 18, 1818, to the Indians
of San Felipe, for his interest (one-half) in this grant.
This deed shows that Quintana owned the southern half
of the tract, the northern half belonging to the heirs of
Bartolome Fernandez.
The boundaries of the grant were "on the north by the
Santo Domingo league, on the south by the San Felipe
94 THE SPANISH ARCHIVES OF NEW MEXICO
league, on the east by the Del Norte river; and on the
west by the table-land of Las Casitas, which they call that
of Cubero and Los Apaches.
This grant was confirmed by the court of private land
claims on December 20, 1898, and has been surveyed.
BABTOLOME FERNANDEZ appears in the La Majada
Grant, q. v.
Domingo Fernandez ; Jose Gutierrez, Alcalde ; Francisco
Ignacio de Madariaga, Asesor; Fr. Francisco de Hozio,
Cura of Santa Fe; Jose Petronilo Gutierrez, Alcalde;
Juan de Abrego; Melgares, Governor.
282 DOMINGO FERNANDEZ. Grant.
Reported Claim No. 19, q. v.
283 DOMINGO FERNANDEZ and OTHERS.
Petition for lands in the place commonly called Pueblo
de Pecos. 1823-24.
Before Bartolome Baca, Governor and Jefe Politico.
Read in session of February 16, 1824, of the Territorial
Deputation. Not approved.
Domingo Fernandez was the original petitioner to the
Spanish government for the grant known as the Eaton
or San Cristobal, situate in Santa Fe county, N. M. He
states that he was a "son and descendant of the con-
querors and pacifiers 'of this Kingdom of New Mexico."
His petition for the grant, which he registered as "El
Pueblo de San Cristobal," is unique in its phraseology
and recites a number of facts of historical interest. His
petition was filed with the governor, April 26, 1822, at
which time he says * ' the ruins of the pueblo may be seen
and the walls of a sacred temple in a dilapidated condi-
tion and almost entirely razed to the ground, which calls
my attention speaking with ingenuity, as upon seeing that
sacred place where upon so many occasions the sacred
and awful sacrifice of the mass has been offered, and where
the most august sacrament was consecrated; considering
that it is more than one hundred years since the natives
who inhabited it have abandoned it, and it appears that
Divine Omnipotence each day endeavours to make known
to us that it sustains the foundations of this holy place,
which is suffering under the disgrace of being a habita-
tion for beasts, a stable for sheep and a manger for cows
and calves, and, in a word, a lodging for brutes. His
Divine Majesty knows that by the sole efforts of His
great power and inscrutable providence he has moved my
THE SPANISH ARCHIVES OF NEW MEXICO 95
spirit for so great a purpose, and that it may not pos-
sibly be thought that I solicit said land through avarice,
let the proof be made, let permission be given to me to
commence repairing it, which I promise to do as my cur-
tailed means will allow, and I will be careful to give no-
tice to our most illustrious bishop, in order that cere-
monies may be performed therein, although the pastoral
letter granted us that privilege, this being the principal
object I have in view in my petition."
The citizens of Santa Fe who were to assist Fernandez
in this laudable enterprise and who were to receive land
were of "good behaviour and sound habits, according to
my sound judgment" as follows: Francisco Fernandez,
Antonio Sena, Juan de Jesus Rivera, Miguel Rivera, Jose
Maria Rivera, Ignacio Ortega, Jose Ortiz, Miguel Lobato,
Pablo Ortiz, Florentino Ortiz, Jose Trugillo, Mariano
Baca, Miguel Rodriguez, and Jose de Jesus Chaves, each
with the appellation of "Don."
The matter was referred to a committee by Don Pedro
Armendaris, president of the illustrious corporation of
Santa Fe, who visited the locality and reported that "if
the petitioners labor with all such perseverance as it is
seen those (the Indians) did, they will be rewarded for
their labor if they are aided by God our father with
water from heaven to fill their tank, as, in truth, from
the existing springs they will reap very little benefit."
The grant was made to Fernandez. He did not secure
possession, however and five years later filed another peti-
tion in which he states among others that from informa-
tion received from a native of Pojoaque, named Ramon
(Indian), in the presence of two witnesses "that the water
on the land is abundant and that it is covered up; also
that the ornaments and sacred vessels are buried, which
he promised to show me and discover, together with the
water." The "ornaments" referred to are those which
were taken by the Indians at the time of the rebellion in
1680. He received the same information in reference to
the ornaments from Francisco, the ' * "White-eyed, ' ' without
having been rewarded or requested, or compelled.
A favorable report was made by two aldermen of the
City of Santa Fe, July 26, 1827, Don Rafael Sarracino
and Don Miguel Baca, who with the lieutenant of Ga-
listeo, Don Julian Lucero, had reported on the property
in 1822. On August 21, 1827, the grant was made to
Domingo Fernandez and thirty men, and possession was
96 THE SPANISH ARCHIVES OF NEW MEXICO
given by the first appointed constitutional alcalde, Don
Jose Maria Martinez, who "having taken Fernandez by
the hand, he entered and walked over the said land, he
pulled up weeds, and uttered loud exclamations of joy
and pleasure, scattered hand-fulls of earth, broke off
branches from the trees and said 'Long life to our pres-
ent President, Don Guadalupe Victoria! Long life to
the Mexican Nation!' '
The persons who had agreed to participate in the glor-
ious work outlined by Fernandez in his several petitions
failed to appear when the time for performance had ar-
rived, in consequence of which two years later Fernandez
again asked the political chief of New Mexico for "la
justicia. ' '
On the same day the political chief, Chaves, issued an
order compelling the "settlers" to comply and in the event
of their failure other ' ' industrious individuals ' ' were to be
substituted.
On January 20, 1851, Fernandez sold the property to
E. W. Eaton and A. W. Raynolds. Eaton afterwards
acquired the title of Raynolds under a sheriff's sale and
by quit-claim from Eaynolds.
The property today belongs to Benjamin F. Pankey.
The grant, as appears from the original title papers, was
made according to the provisions of the royal edict of
January 4, 1813, and also bears the approval of the Pro-
vincial Deputation, authorized by the government of
Mexico after the change from Spanish sovereignty.
284 DOMINGO FERNANDEZ.
Petition for vacant lands on the Pecos river. Santa Fe,
March, 1825. Lands granted by the Territorial Deputa-
tion, but no possession given. Captain Bartolome Baca,
Governor. Vigil, Secretary.
285 DOMINGO FERNANDEZ and OTHERS.
Same subject as ante, No. 284. No final action taken.
1828.
286 DOMINGO FERNANDEZ and JUAN ANTONIO
ARMIJO. 1828.
In regard to lands in "El Canyon." No. 284-285, q. v.
287 RAFAEL FERNANDEZ and OTHERS.
Lands on the Pecos. No. 284-5-6, q. v. File No. 71 of-
fice of the Surveyor-General, q. v.
Facsimile of Signature of Don Juan Domingo de
Bustamante, Governor and Captain-General, 1722-
1731.
Facsimile of Signature of General Juan Paez Hurtado, Gov-
ernor and Captain-General, 1704-5, 1717.
Facsimile of Signature of Don Gervacio Cruzat y Gongora, Governor
and Captain-General, 1731-6.
Facsimile of Don Gaspar Domingo de Men-
doza, Governor and Captain-General, 1739-1743.
THE SPANISH ARCHIVES OF NEW MEXICO 97
88 DOMINGO FERNANDEZ, et al.
Lands on the Pecos. No. 284-5-6 q. v. 1829. Terri-
torial Deputation refused to confirm.
This is a petition from two Indians of the pueblo of
Peeos to the effect that they had been robbed of their
lands five years before and asking for relief.
MELCHORA DE LOS REYES and SEBASTIANA DE
MONDRAGON to Francisco Garsia. Santa Fe, Octo-
ber 2, 1700.
Conveyance of house and lands. No signatures to this
item.
THOMAS PALOMINO to Cristoval Truxillo. Santa
Fe, June 14, 1700.
Conveyance of land. Before Antonio de Aguilera y Isasi,
Alcalde. Tomas Palomino, Antonio Duran de Armijo,
Miguel Ladron de Guevarra.
290 DIEGO DE VECTIA (BEITIA) to Martin Garzia. San-
ta Fe, February 6, 1702.
Conveyance of land. Before Joseph Rodriguez, Alcalde.
291 MARIA GARSIA DE NORIEGA.
Grant to a piece of land in Santa Fe. May 1, 1702. Don
Pedro Rodriguez de Cubero, Governor and Captain-Gen-
eral. Antonio Aguilera Isasi, Alcalde ; Cristoval de Gon-
gora, Secretary of the Cabildo; Pedro de Morales, Sec-
retary of Government and War.
292 FRANCISCO DE LA MORA to DIEGO GONZALES.
Santa Fe, December 12, before Joseph Rodriguez, Al-
calde.
Conveyance of rancho and lands granted in 1699 by
Cubero, Governor, to the grantor. Situate in the juris-
diction of Villa Nueva de Santa Cruz. Francisco de la
Mora, Antonio Lucero de Godoy, Domingo de la Barreda.
293 TOMAS JIRON DE XEDA for himself and for his wife,
Ana Dominguez and Dimas and Maria Xiron, his chil-
dren, to Isabel Gonzales. Santa Fe, December 4, 1703.
Conveyance of a rancho which formerly belonged to
Alonzo del Rio. Before Lorenzo de Madrid, Alcalde. See
below; this name should be Texeda. Cristobal de Gon-
98 THE SPANISH ARCHIVES OF NEW MEXICO
gora, Secretary of the Cabildo; Juan Manuel Chirifios;
Ignacio de Aragon.
TOMAS XIEON DE TEXEDA to Juan de Archuleta.
Santa Cruz, February 12, 1698.
Before Roque Madrid, Alcalde. Conveyance of a rancho.
Joseph Antonio de Giltomey, Miguel Ladron de Guebara.
MANUEL BALLEJO to Juan de Archuleta. Santa
Cruz, November 11, 1697.
Before Miguel Ladron de Guebara, Alcalde. Conveyance
of a rancho. Miguel de Quintana, Joseph de Atienza.
294 MARIA and JUANA GRIEGO vs. DIEGO ARIAS DE
QUIROS. 1703.
Suit in the matter of a piece of land in Santa Fe. Be-
fore El Marques de la Naba de Brazinas. There are three
signatures of this governor in this archive. Alfonzo Rael
de Aguilar, Secretary, etc.
This is the earliest reference to the old palace at Santa
Fe as the "Palacio Real."
295 ANTONIO BAS GONZALES vs. DIEGO ARIAS DE
QUIROS. Santa Fe, August 4, 1704.
Question of lands. Before Don Francisco Cuerbo y
Valdes, Governor and Captain-General Juan Paez Hur-
tado. Alfonzo Rael de Aguilar, Secretary of Govern-
ment and of War.
296 PEDRO DE ABILA to Diego Gonzales. Santa Fe,
April 4, 1701.
Conveyance of a fanega of land in San Cristobal. Before
Joseph Rodriguez, Alcalde, Testimonio.
297 FRANCISCO GARSIA. Grant. San Francisco
Xavier del Basque Grande, February 5, 1706.
A tract of land called a "Joy a." Possession given by
Martin Hurtado, Alcalde, in the name of the King. Pos-
sibly this tract is in the present county of Rio Arriba.
298 DIEGO DE BEYTIA to Jose Manuel Giltomey. Santa
Fe, April 30, 1708.
Conveyance of a lot in Santa Fe. Before Juan Garzia
de la Rivas, Alcalde. Bartolome Sanches.
THE SPANISH ARCHIVES OF NEW MEXICO 99
This shows that the main street of Santa Fe was known
by the name of San Francisco in 1708.
299 JUAN GABCIA DE NORIEGA.
Grant. A piece of land below Santa Fe. Before the
Marques de la Penuela, Santa Fe, August 13, 1708. Pos-
session given by Juan Garsia de la Rivas, Alcalde. Cristo-
bal de Gongora, Secretary of the Cabildo; Gaspar Gu-
tierres de los Rios, Secretary of Government and War.
300 FRANCISCO XAVIER DE BENAVIDES to Juan Gar-
cia de Noriega. Santa Fe, August 20, 1711.
Conveyance of land. Before Alfonzo Rael de Aguilar,
Alcalde. Miguel de Sandoval Martinez.
301 NICOLAS, JOSEFA, MARIA and PEDRO GRIEGO
vs. JOSEPHA LUXAN. Santa Fe, 1712.
Question of lands. Before Alfonzo Rael de Aguilar, Al-
calde. Miguel de Sandobal Martinez.
302 FRANCISCO MONTES Y VIGIL to Juan Gonzales.
Santa Fe, July 18, 1712.
Conveyance of a tract of land called "Alameda" granted
to the grantor by the Marques de la Penuela in 1710. Be-
fore Alfonzo Rael de Aguilar, Alcalde. Francisco Montes
y Vigil; Antonio Duran de Armijo; Juan Gonzales;
Cristobal de Gongora. No. 1029.
The Town of Alameda Grant was first surveyed in 1871
and had an area of more than 106,000 acres. The title
was confirmed by the court of private land claims and
under a new survey the area was reduced to about 89,000
acres. There is a conflict with the grant to the pueblo of
Sandia, as to that which lies east of the Rio Grande. No
patent has been issued.
303 JACINTO SANCHEZ to Juan Garcia de la Rivas.
Santa Fe, May 9, 1713.
Conveyance of a house and land in Santa Fe. Before Juan
Paez Hurtado, Alcalde. Diego Velasquez, Antonio Duran
de Armijo.
304 JOSEPH BLASQUEZ (VELASQUEZ?) to Joseph
Manuel Giltomey, Santa Fe, September 25, 1713.
Conveyance of a house and lot in Santa Fe. Before Juan
Garcia de la Rivas, Alcalde. Diego Velasquez. The sig-
100 THE SPANISH AKCHIVES OF NEW MEXICO
natures of this man in this item and that of No. 303 dif-
fer materially.
305 ANTONIO GODINES, of Santa Fe.
Will. April 19, 1713. Before Juan Paez Hurtado, Al-
calde. Joseph Maria Giltomey, Pedro de Roxas.
306 ALEJO GUTIEEEES and BENTUBA DE LA CAN-
DELAEIA. Alburquerque, August 15, 1715.
Division of property. Before Luiz Garcia, Alcalde. An-
tonio de Silva, Baltazar Romero.
307 BALTAZAE EOMEEO to Alejo Gutierrez. Santa Fe,
March 11, 1715.
Conveyance of house and lands in Alburquerque. Before
Diego Arias de Quiros, Alcalde. Antonio Albarez Cas-
trillon, Joseph Maria Giltomey.
308 A TESTIMONIO of No. 307.
Felipe Tamaris. See No. 13.
309 FEANCISCA ANTONIA DE GUEJOSA.
Reported Claim No. 109, q. v.
310 ANTONIO GALLEGOS, of Bernalillo. Intestate. 1715.
Inventory and partition of his estate. Before Juan Ig-
nacio Flores Mogollon, Governor and Captain-General.
Roque de Pintto, Secretary of Government and War.
Diego Montoya, Antonio Montoya.
311 CEISTOVAL TAFOYA vs. ISABEL GONZALES.
Jurisdiction of La Canada. 1715.
Suit for lands. Before Juan Flores Mogollon, Governor
and Captain-General. Joseph Truxillo, Alcalde. Juan
de Atienza, Joseph de Atienza. Antonio de Balberde
Cossio, General. Pedro de Villasur, Joseph Balentin de
Aganza.
312 JACINTO SANCHES to Petrona Gomez. Santa Fe,
November 9, 1716.
Conveyance of lot in Santa Fe. Before Francisco Lorenzo
de Cassados, Alcalde. Francisco Joseph Cassados.
313 JUAN EICO DE BEOJAS and MAEIA GUTIEEEES
to Juan Garcia de la Eivas. Santa Fe, July 10, 1716.
THE SPANISH ARCHIVES OF NEW MEXICO 101
Conveyance of land near Santa Fe. Before Lorenzo de
Cassados, Alcalde. Juan Manuel Chirinos, Salvador
Montoya, Antonio Duran de Armijo.
,314 FEANCISCO GARSIA.
Before Phelix Martinez, Governor and Captain-General.
315 ANTONIO GUTIERREZ.
Grant. Land near Alburquerque. Approved November
5, 1716. By Phelix Martinez, Governor and Captain-
General.
316 JUAN GONZALES BAS vs. JERONIMO DE ORTE-
GA. 1731.
Question of lands above Alburquerque. Before Gervasio
Cruzat y Gongora, Governor and Captain-General. Gas-
par Bitton, Juan Antonio de Vnaues.
317 JUAN ESTEVAN GARZIA vs. JUAN LUJAN.
Question of lands at Villa Nueva de Santa Cruz. 1731.
Before Gervasio Cruzat y Gongora, Governor and Cap-
tain-General. Land was sold to Juan Lorenzo Valdes.
Gaspar Bitton, Juan Antonio Vnanues.
318 This is a continuation of the foregoing Item, with the
same signatures.
319 DIEGO GALLEGOS.
Petition for lands. September, 1731. Before Gervasio
Cruzat y Gongora. Not granted.
320 JUAN ESTEVAN GARZIA DE NORIEGA.
Grant. Villa de Santa Cruz, 1735. A tract of land
above the Pueblo Colorado. Approved by Juan Paez
Hurtado, Governor and Captain-General. Revoked by
Cruzat y Gongora, Governor. No date. Diego Torres,
Alcalde. Miguel Martin Serrano, Joseph Terrus, Juan
Joseph de la Serda, Diego de Vgarte. Antonio de Uli-
barri, Colindante.
321 FRANCISCO XAVIER DE MIRANDA to Francisco
Antonio Gonzales, Alburquerque, March 25, 1735.
Conveyance of a tract of land in Atrisco. Before
Geronimo Xaramillo, Alcalde. Bernardo Ballejos.
102 THE SPANISH ARCHIVES OF NEW MEXICO
322 MANUELA GARCIA DE LAS RIBAS, ISABEL MON-
TOYA and FRANCISCO QUINTANA.
Grant. 1735. Tract of land situate opposite the old
town of Abiquiu. Approved by Juan Paez Hurtado,
Governor, and possession given by Juan Estevan Garsia
de Noriega, Alcalde. Called in for record, by Governor
Cruzat y Gongora. No date. Antonio Montoya. Juan
Lorenzo Baldez, Antonio de Uribarri.
323 MANUELA LUSERO to Lazaro Garsia. Alburquer-
que, April 23, 1735.
Conveyance of house and land. Before Geronimo Xara-
millo, Alcalde. Francisco Antonio Gonzales.
324 JUAN ANGEL GONZALES and ANTONIA DE
CHAVES to Diego Gonzales. Santa Cruz de la Cana-
da, May 10, 1736.
Conveyance of land. Before Juan Estevan Garsia de
Noriega, Alcalde. Miguel de Quinttana, Tomas Nufies de
Aro.
325 ANTONIO GARSIA and THEODORA GONZALES to
Diego Gonzales. Villa Nueva de Santa Cruz, May 17,
1736.
Conveyance of a tract of land in the Canada,. Before
Juan Estevan Garsia de Noriega, Alcalde. Alonso Rael
de Aguilar, Antonio Felix Sanchez, Miguel de Quinttana.
326 JOSEPH GONZALES, of Alameda. Intestate.
Inventory of his property. Before Juan Gonzales Bas,
Alcalde. 1738. Alexandro Gonzales, Isidro Sanches.
327 JOSEPH DE HERRERA to Alonzo Griego. Santa Fe y
February 26, 1738.
Conveyance of lands. Before Antonio Montoya, Alcalde
Juan Manuel Chirinos, Joseph Tamari (Tamaris?).
328 MARIA TAFOYA to Lazaro Garcia de Noriega. Si
ta Fe, April 26, 1739.
Conveyance of house and lands. Before Antonio M<
toya, Alcalde. Gregorio Garduno, Baltazar Montoya.
329 JUAN GARCIA DE LA MORA to Joseph Garcia. Sant
Fe, July 27, 1739.
THE SPANISH AECHIVES OF NEW MEXICO 103
Conveyance of house and lands. Before Antonio Mon-
toya, Alcalde. Gregorio Garduno, Baltazar Montoya.
JOSEPH GARSIA to Manuel Sans de Garvisu. Santa
Fe, September 26, 1739.
House and lands in Santa Fe. Before Antonio Montoya,
Alcalde.
131 JOSE GARCIA to Juan Gavaldon. Santa Fe, Septem-
ber 9, 1739.
Conveyance of house and lands in Santa Fe. Before An-
tonio Montoya, Alcalde. Joseph de Terras, Baltazar
Montoya.
332 SALVADOR GONZALES.
Grant. Reported Claim No. 82, q. v.
333 FRANCISCO GUTIERRES vs. GREGORIO DE GON-
GORA.
Question as to land. Before Don Ignacio Codallos y
Rabal, Governor and Captain-General, 1744. Jurisdic-
tion of Bernalillo. Francisco de Roa y Carrillo, Fray
Manuel Zambrano, Felipe de Silba, Antonio Aramburu,
Joseph Roma de Vera, Alfonzo Rael de Aguilar.
334 FRANCISCO DE ROA Y CARRILLO to Francisco
Guerrero. Santa Fe, July 17, 1744.
Donation of half a mine called "Nuestra Senora del Pilar
de Zaragoza." Three leagues from the pueblo of
Picuries. Antonio de Hulibarri, Alcalde. Sebastian de
Apodaca, Joseph Roma de Vera.
335 JOSEPH DE TERRUS.
Entry of a mine. 1744. Before Joaquin Codallos y
Rabal, Governor and Captain-General. Situate two
leagues from Picuries and called ' ' Santa Rosa de Lima. ' '
JOSEPH DE TERRUS to Francisco de Roa y Carrillo
and Francisco Guerrero.
Donation of the above. Antonio de Hulibarri, Alcalde.
Francisco de Roa y Carrillo, Sebastian de Apodaca,
Joseph de Roma de Vera.
336 HEIRS OF SEBASTIAN GONZALES. 1744.
Partition of lands. The heirs were the children of the
above and GERONIMO de ORTEGA, and were eleven
104 THE SPANISH AKCHIVES OF NEW MEXICO
in number. The lands were near Santa Fe. Partition
made by Antonio de Hulibarri, Alcalde. ANTONIO de
ORTEGA for himself and other heirs to ROSA de AR-
CHIBEQUE, widow of said GERONIMO de ORTEGA.
1750. Donation of a piece of land. Before Joseph
de Bustamante Tagle, Alcalde. In 1760 further pro-
ceedings were had in this matter at the instance of the
said widow, Rosa de Archibeque. Lucas Miguel de Moya,
Joseph Maldonado, Carlos Fernandez, Francisco Guer-
rero, Alcalde, Thoribio Hortiz (Ortiz), Juan Antonio
Hortiz (Ortiz), Juan Phelipe Rivera, Fray Joseph de
Urquijo, Sebastian de Apodaca, Juan Francisco Arroniz,
Nicolas Rael de Aguilar, Lucas Moya, Phelipe Tafoya,
Antonio Joseph Ortiz, Joseph Reafio. Bartolome Marques,
Mayor domo de Fabrica. Francisco Antonio Marin del
Valle, Governor and Captain-General. Bernardo de Miera
y Pacheco. The last named came to New Mexico from
Chihuahua in 1744. In 1768 together with Pedro Padilla
of San Andres (jurisdiction of Isleta) he was given a
grant of land on the Rio Puerco. P. L. C. No. 98. Possession
was given by Captain Francisco Trebol Navarro at the
' ' Canada de los Alamos. ' '
Sebastian Gonzales was the father of Sebastiana Gon-
zales. The following is certificate of his death and burial :
"On the eleventh day of the month of June, seventeen
hundred and twenty-six, died Sebastian Gonzales, mar-
ried to Luisa Ortiz. His age was sixty years, he received
the holy sacraments, and his body is interred in the
Chapel of Our Lady; and that it may so appear, I sign
on said day, month, and year. Ut supra.
"FRAY JOSEPH ANTTO. GUERRERO [rubric] "
337 MAEIA GEIEGO. Grant. Santa Fe, January 16,
1695.
Petition for a piece of land a quarter of a league from
the town. Approved by Don Diego de Vargas Zapata
Lujan Ponce de Leon, Governor and Captain-General.
Possession given on January 26, 1698, by Antonio
Aguilera Isasi, Alcalde.
PEDRO ANTONIO TEUJILLO AND VALENTINA
PACHECO. Santa Fe, 1745.
Compromise in the matter of the disposition of the es-
tate of the above. Before Juan Antonio de Hulibarri, Al-
calde. Alphonso Rael de Aguilar, Secretary of Govern-
ment and War. Miguel Tenorio de Alba, Secretary of
THE SPANISH AECHIVES OF NEW MEXICO 105
Cabildo. Antonio Aramburu, Joseph Roma de Vera, An-
tonio Rodriguez, Antonio Felix Sanchez, Joaquin Codallos
y Rabal, Gregorio Garduiio, Francisco Rodriguez, Joseph
Miguel Garduno.
18 GREGORIO GUTIERREZ, of Alburquerque, vs. MA-
RIA SILVA, 1745.
Petition for ejectment. Before Don Joachin Codallos y
Rabal, Governor and Captain-General. Lands in Fuen-
clara. Possession by Joseph Baca, Alcalde. Bernardo
Ballejos, Marcial Rael de Aguilar.
339 JUAN MANUEL GAVALDON.
Will. Santa Fe. July 14, 1745. Before Juan Antonio
de Hulibarri, Alcalde. Antonio Felix Sanchez, Gregorio
Garduno.
340 LUIS GARZIA, of Alburquerque. 1746.
Petitions that the lands given to himself and his brothers,
Vicente and Alonzo, by Captain General Marques de la
Penuela be given to him alone. Granted by Don Joachin
Codallos y Rabal, Governor and Captain-General in the
same year. Ramon Garzia Jurado, Phelipe Jacobo de
Vnaues, Phelipe Barela, Geronimo Jaramillo, Miguel de
Alire. Juan Moya, Alcalde. Jose Leon Oneto Escobedo,
Antonio Gorole (Gurule).
341 LUIS GARCIA, of San Antonio, Jurisdiction of Albur-
querque.
Inventory of estate. Before Bernardo Antonio Busta-
mante Tagle, Alcalde and Teniente General este Reino y
Justicia Mayor. Ramon Garzia Jurado.
342 LUIS GARCIA DE NORIEGA, of Alburquerque. 1747.
Proceedings in the matter of the partition of his estate.
Before Don Joachin Codallos y Rabal, Governor and Cap 7
tain-General. Will. No. 341, q. v. Joseph Baca, Al-
calde, Ramon Garzia Jurado, Miguel Montoy a, Phelipe
Romero, Fray Juan Joseph Toledo, Miguel de Alire, Ben-
tura Romero, Domingo de Luna, Joseph Tenorio, Pedro
Romero, Fray Joseph Irigoyen, Joachin Marin.
343 LUIS GARCIA.
Proceedings in the matter of the settlement of his estate.
1747 Before Don Joachin Codallos y Rabal, Governor
and Captain-General. Nos. 341, 342, 414 and 1221, q. v.
106 THE SPANISH ARCHIVES OF NEW MEXICO
BARBARA GARCIA JURADO, widow of Luis Garcia
de Noriega.
Power of attorney to her father, Ramon Garcia Jurado.
In the matter of a suit brought by ROSALIA GARCIA
de NORIEGA against the estate of Luis Garcia. Testi-
monio.
ROSALIA GARCIA de Noriega was the daughter of
Luis Garcia by his first wife. Her husband was Don
Salvador Martinez. Joseph Romo de Vera, Ramon Gar-
cia Jurado, Lucas Miguel de Moya, Felipe Jacobo de
Vnanues, Phelipe Tafoya, Joseph Garsia.
344 MARIA DE LA CANDELARIA GONZALES.
Will. Santa Fe, 1750. Before Joseph de Bustamante
Tagle, Alcalde. Lucas Moya, Tomas Casillas.
345 ANTONIO DOMINGUEZ to Phelipe Garduno. Santa
Fe, April 20, 1750.
Conveyance of land. Before Jose Bustamante Tagle, Al-
calde. Joachin Martin, Phelipe Tafoya.
346 HEIRS OF MICAELA BASQUEZ (VASQUEZ?),
widow of Francisco Gonzales de la Cruz. Santa Fe,
April 24, 1750.
Partition of estate. By Joseph de Bustamante Tagle, Al-
calde. Lucas Miguel de Moya. Phelipe Tafoya.
347 JUAN ESTEVAN GARSIA DE NORIEGA, by Phelipe
Tafoya.
Petition for a rancho said to have been abandoned at
Casa Colorada, called "Santa Barbara." Before Don
Tomas Velez Cachupin, Governor and Captain-General,
1751. Report of the Alcalde, Juan Joseph Lovato, of
statement of Rosalia de Beytia, widow of Juan Antonio
Lujan, as to the reason of the abandonment. Juan Do-
mingo Lovato, Antonio Martin.
348 FELIPE NERIO SISNEROS to Manuel Gallegos. Sat
ta Fe, June 5, 1751.
Conveyance of house and land. Before Joseph Bi
mante Tagle, Alcalde. Torrivio Ortiz, Antonio de Hul
barri.
349 ANTONIO TAFOLIA to Luis Fuera (Grazioso). Sc
ta Fe, October 10, 1751.
THE SPANISH AECHIVES OP NEW MEXICO 107
Conveyance of house and land. Before Joseph de Busta-
mante Tagle, Alcalde. Sebastian (Fresqui) de Apodaca.
J50 JOACHIN MARTINES to Francisco Garcia. Santa
Fe, April 5, 1752.
Conveyance of house and lands. Before Manuel Galle-
gos, Alcalde. Lucas Moya, Pedro Tafoya.
.1 MARIA DIEGA GARDUNO, Intestate. Santa Fe,
1752.
Inventory and partition of her estate. By Joseph Busta-
mante Tagle, Alcalde. Juan de Gabaldon, Pedro Tafoya.
No. 350 q. v.
>2 JUAN GABALDON. Grant.
This grant was made in the year 1752 to Juan de Gabal-
don by Governor Tomas Velez Cachupin. The petition-
ers agreed to erect a reservoir in the Tesuque river owing
to objections made by the corporal, Juan de Benavides,
who owned land near the pueblo of Tesuque.
When this grant was confirmed by the court of private
land claims and a new survey made it was found that a
small conflict with the grant to the pueblo of Tesuque was
made.
153 JUAN GARSIA DE LOS REYES.
Will. San Buenaventura de Ckimayo, August 18, 1752.
Before Juan Joseph Sandoval, Alcalde. Nicolas Leal,
Salvador Varela.
354 MARIA DE HERRERA, widow of Antonio Martin, to
Diego Gomez. Ojo Caliente, April 5, 1753.
Conveyance of land. Before Juan Joseph Lobato. Al-
calde. Jose Martin, Bisente Apodaca, Francisco Zaes.
355 NICOLAS GARCIA.
Will and partition of estate, by Nicolas Ortiz, Alcalde.
Santa Fe, 1754. Francisco Guerrero, Phelipe Romero,
Juan Antonio Ortiz, Joseph Maldonado, Thoribio Ortiz,
Joseph Miguel de la Pefia.
356 JOSEPH GARDUNO to Juan Gallego. Santa Fe, July
23, 1755.
Conveyance of land. Before Francisco Guerrero, Alcalde.
Joseph Miguel Garduno, Julian de Armijo.
108 THE SPANISH AECHIVES OF NEW MEXICO
JUAN TOMASA GALLEGO of Corral de Piedra, to
Clemente Esquibel. January 20, 1811.
Conveyance of house and lands. Before Jose Miguel
Tafoya, Alcalde. By endorsement. Antonio Tafolla.
357 LUIS DE ARMENTA to Cristobal Gamboa. Santa Fe,
June 20, 1759.
Before Francisco Guerrero, Alcalde. Lucas Moya, Manuel
Bernardo Garvisu.
Luis de Armenta was given a tract of land near the
City of Santa Fe. The grant was made by Governor
Cruzat y Gongora. In the act of possession mention is
made by Antonio de Uribarri of "the house of Sebastian
de Vargas along the hill" on the road from Santa Fe to
Pecos.
To His Excellency the Governor and Captain-General :
I, Nicolas Armenta, lieutenant of the pueblo of Our
Lady of Angels of Pecos, before your excellency, through
the medium of this petition, in the best form allowed me
by law, appear and say that whereas there exists in this
superior archive of the government a grant of land of my
deceased father (may he rest in peace), his name being
Luis de Armenta, and the said possession was given by
Captain Don Antonio de Ullibari, while he was alcalde
mayor of this town of Santa Fe, in the time when the
governor of this kingdom was Don Gerbacio Cruzat y
Gongora, I therefore ask your excellency, if you should
find it just, to have done to me what I have petitioned,
for which reason I ask and pray your excellency most
submissively to be pleased to command and do as I have pe-
titioned ; for in doing so I shall receive grace with justice,
which I ask; and I swear in due form that this my peti-
tion is not done in bad faith in the necessary, etc.
NICOLAS ARMENTA [rubric]
Town of Santa Fe, May 26th, 1783, received as present-
ed ; and in view of what the petitioner asks, I should and
do command that the testimonio which he prays for shall
be given to him, which is in the following tenor : " To his
excellency the governor and captain-general, I, Luis de
Armenta, resident of this town of Santa Fe, appear be-
fore your excellency in the best form allowed me by law
and say that in conformity with the royal ordinances of
his majesty I register a piece of unoccupied lands, in
which probably there can be ploughed two fanegas, lying
on the left hand of the road leading to the pueblo of
THE SPANISH AECHIVES OF NEW MEXICO 109
Pecos, and it adjoins with the alto of the arroyo de los
Chamisos, because it is royal domain and the said lands
lying almost in the woods (monte) , for which reason until
the present day it is not known that they have had any
owner nor that any person who might have a right has
registered them. And because I am under the obligations
of wife and children, and I have no farming lands for
their maintenance, may the great justification of your ex-
cellency be pleased to make me a grant of the said lands
in the name of his majesty and command that the alcalde
mayor of this town give me the possession of the same and
the personal use in the name of his majesty. For all of
which I ask and pray of your excellency to be pleased to
grant me the said lands accordingly and as I have asked
for them, which is just; and I swear in form and in the
necessary. Luis DE ARMENTA"
"In the town of Santa Fe, on the llth day of the
month of September, 1732, it having been seen by me, the
Colonel Don Gerbacio Cruzat y Gongora, governor and
captain-general of this kingdom of New Mexico and its
provinces, I received it as presented for what it may be
worth in law. In view of what the petitioner asks, I
made him a grant in the name of his majesty of one
fanega for farming at the place he cites, without preju-
dice to third party who may have better claim, and that
he be placed in possession in the land embraced by the
said fanega of farming land by Captain Antonio de Uli-
barri, alcalde mayor of the said town who will place the
boundaries that belong to it according to what has been
granted. Thus I provided, ordered, and signed with the
witnesses of my attendance for the lack of public or royal
notary, for there are none in this kingdom, and it is done
upon the present common paper, because there is none of
the seal in these regions.
' 'DON GERVACIO CRUZAT Y GONGORA
"Att. Witt.:
"GASPAR BITTON.
4 ' JUAN ANTONIO DE UNANUE. "
"In the town of Santa Fe, on the 19th day of the
month of April, 1733, I, the Captain Antonio de Ulibarri,
alcalde mayor and war captain of this said town, in
obedience to what has been decreed by his excellency the
Colonel Don Gervacio Cruzat y Gongora and captain-
general of this kingdom, I went upon the lands asked for
in his petition by Luis de Armenta, and being upon it I
gave him the royal possession, with all the customary
110 THE SPANISH ARCHIVES OF NEW MEXICO
formalities, fixing to him for boundaries of the fanega for
planting corn by the road that leads to Pecos, which road
starts from the house of Sebastian de Vargas, with the
hill (lomas) the first cross to another cross that it makes
on crossing another small hill (lomita), and to its size
on the east, where there are two other crosses; and that
it may so appear, I signed it with my attending witnesses
for the lack of public or royal notary, for there are none
in this kingdom. ANTONIO DE ULLIBARI
" Judge Commissioner.
"Wit:
"DlMAS GlBON.
"PHELIPE TAMARIS."
"And for the effect that may be proper, I certify that
it is the same to be found in the book of government
which he cites, which I authorize and sign, I, the under,
signed colonel of cavalry, political and military governor
of this province, with the witnesses of my attendance for
the lack of public or royal notary, for there are none in
all this government; to which I certify.
"JUAN BAUTISTA DE ANZA [rubric]
"Att. witt.:
"VIZTE. TRONCOSO.
"FRANCO. PEREZ SERRANO."
358 JUAN GALLEGOS.
Will and partition of his property. 1760. Before Fran-
cisco Guerrero, Alcalde.
The will bears the signature of Fray Juan Joseph To-
ledo, and is dated at Tome, November, 1760. Bartolome
Frnz. (Fernandez) ; Maria Butierrez (Gutierrez) ; An-
tonio Lucero, el Soldado.
In the papers in the jo de San Miguel Tract the petition
of Don Bartolome Fernandez recites :
"I, Bartolome Fernandez de la Pedrera, brevet ensign
of this royal garrison of the Villa de Santa Fe, appear
before your excellency and state, sir, in consideration of
the many and great services that my deceased grand-
father, Captain Martin Hurtado, founder of the Villa of
Alburquerque, and ensign of the line of this said garrison,
pacificator of this province, rendered, and also those ren-
dered by my deceased father, also pacificator and ensign
of the line in the mounted company of the royal garrison
of El Paso, as well as those rendered by my brother, who
served his majesty and in whose service he died, and as
well as those rendered by myself, I have registered and
THE SPANISH AECHIVES OF NEW MEXICO 111
apply for a tract of vacant and unsettled land upon the
water shed of the Navajo province."
The tract was called the Ojo de San Miguel and was
granted to him by Governor Don Pedro Fermin de Men-
dinueta in September, 1767.
In 1873, Don Lorenzo Baca, ninety-seven years of age,
a resident of Taos, says that Bartolome Fernandez de la
Pedrera was his great-grandfather on the maternal side;
that his grandfather was Juan Antonio Fernandez, his
father's name was Jose Baca, and his mother's Maria
Rosa de Fernandez, the daughter of Don Juan Antonio
Fernandez ; that, when a young boy he had herded sheep
and cattle upon this tract which was west of the Puerco
river, Chaco Mesa. He states that they had to leave on
account of the hostilities of the Navajos except when the
Indians became quiet, coming to Santa Fe and receiving
presents from the king.
359 MANUEL GAECIA PAEEJAS, of Rio Arriba.
Will. April 15, 1763. Before Carlos Fernandez, Al-
calde. Joachin Garzia de Noriega ; Antonio Joseph Garcia
de la Mora.
360 LEONAEDO GONZALES to Eosalia Gonzales, his
daughter. Donation.
House and land in Santa Fe. September 10, 1764. Vin-
cente Armijo; Lucas Moya.
361 JUAN ALONZO MONDEAGON to Francisco Gonzales.
Villa Nueva de Santa Cruz, November 13, 1764.
Conveyance of house and lands. Before Joseph Esquibel,
Alcalde. Juan Luis Cano Saenz; Joseph Antonio Lopez.
362 JOSEPH MAECELO GALLEGOS vs. PEDEO ITUE-
EIETA, of Belen. 1765.
Question of lands. Before Don Tomas Velez Cachupin,
Governor and Captain-General. No final decision.
Ignacio Cornelio Figueroa; Isidro Trujillo; Carlos Fer-
nandez ; Juan de la Cruz Holguin ; Juan Francisco Baca ;
Santiago Truiyo; Santiago Trugiyo; Joseph Maldonado;
Miguel Lusero; Toribio Garzia Jurado; Juan Manuel
Padia.
363 MANUEL GALLEGOS, of Santa Fe. Intestate.
Inventory of his estate. 1765. Before Nicolas Ortiz, Lieu-
112 THE SPANISH AECHIVES OF NEW MEXICO
tenant-Governor. Joseph Miguel Garduno; Bernardo de
Zena ; Pedro Tafoya ; Fray Andres Garcia.
364 BERNAEDO DE BUSTAMANTE to Juan Francisco
Gonzales. Santa Fe, May 2, 1767. Before Francisco
Guerrero, Alcalde.
Conveyance of lands. Juan Estevan Baca; Juan Fran-
cisco Nino Ladron de Guevara.
365 ANTONIA DUEAN DE CHAVES and AGUSTINA,
FEANCISCA and VICENTE, her grand-children to Pe-
dro Antonio Gonzales. Santa Fe, November 28, 1767.
Conveyance of lands. Before Francisco Guerrero, Al-
calde. Miguel de Alire; Jose Miguel Taf oya; Lucas
Moya.
366 EAMON GAECIA. Santa Fe, June 14, 1768.
Will. Before Thomas Madrid, Lieutenant. Joseph Mal-
donado ; Juan Antonio Alari.
367 VICENTE AEMIJO, of Alburquerque, and MAEIA
JOSEPHA LOPEZ, of Santa Fe, to Francisco Garcia.
Santa Fe, April 18, 1769.
Conveyance of land. Before Phelipe Tafoya, Alcalde.
Joachin Lain; Joseph Miguel Tafoya.
368 CEISTOBAL GALLEGO, Minor Heirs of, vs. JUAN
EOQUE GALLEGO. Question of lands.
Before Francisco Trehol Navarro, Alcalde. Lands situ-
ate at Bernalillo. Judgment versus the Plaintiffs by Don
Pedro Fermin de Mendinueta, Governor and Captain-
General, July 24, 1770. Manuel Zainz Garvisu; Joseph
Ibanez Corvera; Antonio Baca; Mattheo de Peiiarre-
donda.
369 MANUEL MAETIN to Salvador Garcia. Nuestra
Senora de la Soledad, August 6, 1763.
Conveyance of lands. Before Carlos Fernandez, Alcalde.
Copy. Certified by Jose Manuel Martinez, Secretary. No
date.
370 VICENTE DE SENA to Maria Antonia Gabaldon, alias
La Lusera. Santa Fe, November 2, 1768.
Conveyance of house and lands. Before Phelipe Tafoya,
Alcalde. Anacleto Miera; Joseph Miguel Tafoya.
THE SPANISH AECHIVES OF NEW MEXICO 113
CLEMENTE GUTIERREZ.
Inventory of his estate. 1785. Partition of the same.
Before Don Juan Bautista de Anza, Governor.
Pajarito Grant, Reported No. 157, q. v.
Joseph Mariano de la Peria; Francisco Perez Serrano;
Antonio Villegas Ruiz ; Vincente Troncoso ; Cristobal Lar-
ranaga; Lorenzo Gutierrez; Francisco Antonio Garcia;
Manuel de Arteaga; Antonio Baca; Manuel Alari.
Will of Clemente Gutierres made by his attorney, Josef
Mariano de la Pefia, his son-in-law. Pajarito, May 20,
1785.
372 JOSE ANTONIO GRIEGO.
Will and partition of his estate. 1785. Before Don Juan
Bautista de Anza, Governor. Property located in Santa
Fe. Jose Maldonado; Jose Miguel de la Pefia; Juan de
Dios Pefia ; Bernardo Bustamante ; Juan Miguel Garduno.
373 EDUARDA RITA GARDUNO. Santa Fe, May 5,
1785.
Before Jose Maldonado, Lieutenant. Diego Antonio de
la Pefia; Juan Miguel Trugillo.
374 FERNANDO DE LA CONCHA to Josefa Griego. Do-
nation. Santa Fe, September 20, 1791.
House in Santa Fe. Before Antonio Josef Ortiz, Al-
calde. Maria de los Dolores Montoya; Josef Garcia
Griego; Don Fernando de la Concha, Governor and Cap-
tain-General; Manuel Delgado, Captain; Vincente Tron-
coso, Lieutenant; Pablo Sandoval; Fray Francisco de
Hosio (Ocio) ; Juan Ortiz, Lieutenant; Joseph Rafael
Sarracino, Postmaster.
375 FRANCISCO and ANTONIO GARCIA.
Grant. Year 1798. Reported Claim No. 25.
376 MIGUEL GALLEGO. Santa Fe, 1799.
Settlement of his estate. Before Antonio Arze. Jose
Campo; Fray Francisco de Hosio; Francisco Montoya;
Jose Campo Redondo ; Juan de Dios Pefia ; ; Martin de
Irigoyen ; Santiago Silva ; Jesus Lusero ; Juan de Abrego.
377 JULIAN BEJIL (VIGIL) to Juan Cristobal Garcia.
Alameda, April 20, 1806.
Conveyance of house and lands. Before Don Cleto Miera
y Pacheco, Alcalde. Jose Gutierrez ; Mariano Perea.
114 THE SPANISH AECHIVES OF NEW MEXICO
378 JOSE GAECIA DE LA MOKA.
Grant. 1807. File No. 783, Vallecito Grant. Surveyor-
General's office.
Vallecito was settled in 1824 with fifty-two settlers. The
place is about twenty-five miles from Abiquiu. The place
was abandoned in 1844 owing to the war with the Utes ; the
settlers returned in 1846. General Jose Maria Chaves
was an officer in this campaign against the Utes. He had
been a lieutenant under the Spanish government; under
the Mexican government he was made a captain of a
squadron of militia, auxilliary to the regular garrison,
and was also military inspector of the frontier district of
Abiquiu, El Rito, and Ojo Caliente. He frequently com-
manded the Mexican military forces in campaigns against
the Utes and Navajos. Under the American government
he was prefect of Rio Arriba three times and during the
Civil War and afterward was brigadier general of militia
of the district of northern New Mexico ; he was seven times
a member of the Territorial Legislature ; during the Mex-
ican regime he was alcalde for the district of Abiquiu, a
judicial position about equal to a county judge.
General Chavez was born in New Mexico, September
25, 1801, and with his parents removed to Abiquiu when
he was three years of age. He died at the age of 101
years.
379 ANTONIO GAECIA vs. BAEBAEA BEENAL.
Letter of Cleto Miera y Pacheco, Alcalde, November 2,
1808. Addressed to Don Jose Manrique, Acting Gov-
ernor.
380 VALLECTIO DE XEMES.
Grant. Question of boundiaries. Before Don Jose Man-
rique, Governor. 1808. Ignacio Sanchez Vergara, Al-
calde; Josef Tapia, Juez Commissionado ; Thorivio Gon-
zales; Miguel Montoya; Pablo Montoya.
Town of Vallecito or Santo Toribio de Jemez Grant.
This claim was rejected by the court of private lane
claims. It was supposed to lie just north of the grant
the pueblo of Jemez.
381 LUCIANO GAECIA vs. ESTATE OF ANACLET<
MIEEA. 1815.
Before Maynez, Governor. For the recovery of purchz
money of a house in San Jose de las Huertas. Bernalillo
THE SPANISH ARCHIVES OF NEW MEXICO 115
county. Juan Jose Gutierres, Alcalde ; Josef Mariano de
la Pefia, Alcalde; Jose Marcos Baca.
XAVIER GARCIA, et al.
The Socorro Tract. Reported Claim No. 107.
The present city of Socorro is built upon the site of a
Piro pueblo, named Pil-a-bo. The Franciscan mission was
founded there in 1626 ; had a church and a convent, which
was dedicated to the "Virgen del Socorro" Virgin of
Relief. The pueblo and all were abandoned in 1680, the
greater portion of the people following the Spaniards to
Paso del Norte. The dedication to the Virgin of Relief
was made in honor of Juan de Onate, who secured large
quantities of provisions from the pueblo of Teypama, just
across the Rio Grande from this point. The church was
still standing in 1692, when De Vargas came up the val-
ley ; the roof had been burned. See Escalante Relation,
p. 137. In 1725 the ruins of the pueblo could be plainly
seen. Rivera, Diario y Derrotero.
There are a great many ruins of ancient pueblos in the
vicinity of the present town of Socorro. There is a ruin
at El Barro, three miles north of the town, and also at
the Hot Springs, close to the mountain, three miles west.
Those at the Hot Springs are almost obliterated; they
stand on two bare promontories or small knolls, separated
by an arroyo or gulch. There is to be found opposite to
the promontory of El Barro, in the Arroyo de la Parida,
the ruin of a large pueblo, which consisted of at least
three edifices. This pueblo was built of adobe and in all
probability was two or three stories in height.
This grant was claimed to contain 843,259 acres and
was filed with the court of private land claims by Eu-
timio Montoya, of San Antonio, New Mexico. The claim
was rejected by the court.
383 MARIA VICTORIA GUTIERREZ vs. PEDRO MI-
GUEL GUTIERREZ. 1820.
Before Facundo Melgares, Governor. Question of lands.
Eernalillo county. Jose Francisco Ortiz, Alcalde; Pedro
Miguel Gutierrez ; Santiago Moya ; Juan Isidro Gutierrez ;
Pedro Armendariz; Pedro Bautista Pino; Jose Petronilo
Gutierrez; Joaquin de Luna; Jose Gutierres; Pedro Jose
Perea.
Controversy between Maria Victoria Gutierrez and her
brother, Pedro Miguel Gutierrez, in regard to the owner-
116 THE SPANISH AECHIVES OF NEW MEXICO
ship of a ranch, the location of which is not accurately
stated, but which apparently was at or near the place
called Angostura, some miles north of the town of Berna-
lillo, and in the neighborhood of the junction of the Santa
Ana (or Jemez) river with the Rio Grande.
In connection with this controversy one of the parties
thereto filed a certified copy of a number of documents,
which might possibly at some time be useful to the In-
dians of Santa Ana or San Felipe probably the former.
This certified copy begins on p. 1, of leaf 22, and ends
on p. 1, of leaf 27. It is authenticated by Facundo Mel-
gares, then governor of New Mexico, on May 13, 1820,
and includes the following documents :
(1) Deed of August 4, 1790, by Juan Candelaria, a
San Felipe Indian, to Jose Miguel Garcia, a Spanish citi-
zen of Bernalillo, for a piece of land at Angostura, ac-
quired by purchase by Candelaria. The consideration was
sixty pesos. The extent of the land from east to west was
eighty-seven and three-fourths varas, bounded "on the
north by the embankment of the Santa Ana irrigating
ditch, and on the south by the edge of the old river. ' '
(2) Statement of August 13, 1819, by Jose Mariano de
la Peiia, chief alcalde of Alburquerque, to the effect that
while acting under commission from Governor Facundo
Melgares, in carrying out the orders of the royal audien-
cia of the district dated March 27, 1818, the party named
in the preceding writing (la antecedente escritura) having
appeared before him, "his sale and the fourth part of his
purchase" (whatever that may mean) were restored to
him.
The language used in the original is somewhat vague,
and the explanation of the reason for returning the land
to the party is not so clear that I may not be in error in
my interpretation of it, but, without giving to it more
critical study than its apparently slight importance seems
to justify at present, I understand it to mean this:
That the land which had been sold subsequently was dis-
covered to be a part of land which the pueblo of San Fe-
lipe was compelled to surrender to the pueblo of Santa
Ana in obedience to a decision of the royal audiencia, and
that the former pueblo then returned to the vendor cer-
tain lands of equal area which formed a part of certain
lands which it owned by purchase at Algodones.
The San Felipe people were to recognize as their bound-
ary the old edge of the river, which boundary they had
disputed with those of Santa Ana.
THE SPANISH AECHIVES OF NEW MEXICO 117
It is further stated that "this document" is to remain
in full force and effect as a purchase from the community
of San Felipe.
Among the signers of this statement was Ignacio Maria
Sanchez Vergara, the protector of the Indians.
(3) Deed made at San Jose de las Huertas, on No-
vember 2, 1801, by Candelaria, a native of the pueblo of
San Felipe, to Jose Garcia de Noriega, for a piece of land
230 varas long, and 71 varas wide, had by purchase by
said Candelaria at Angostura.
The boundaries are stated to be, "on the north by the
vendor himself, and on the south by the land of the pur-
chaser himself, and on the east it is bounded by lands of
Bautista, and on the west it is bounded by lands of Mig-
uelito."
(4) Deed made at San Jose de las Huertas, on Novem-
ber 10, 1801, by Juan Kosalia, a native of the pueblo of
San Felipe, to Jose Garcia de Noriega, for a piece of land
acquired by purchase by said Juan Rosalia at Angostura.
The boundaries are, "on the north by lands of Cande-
laria, on the south by lands of Bautista, on the east it is
bounded by lands of Perucho, on the west by lands of
Bautista/' and its extent is stated to be 350 varas by 37
varas.
(5) Statement by Jose Mariano de la Peiia, dated
August 13, 1819, to the effect that while acting under
commission from Governor Facundo Melgares, in carry-
ing out the orders of the royal audiencia of the district,
dated March 27, 1818, the party named in the preceding
writing having appeared before him "his sale" etc., was
restored to him.
The reasons given for this action are the same as those
set forth in the document designated as (2) herein, and
it is stated that this present document is signed by Ig-
nacio Maria Sanchez Vergara, the protector of the In-
dians.
(6) Deed made at San Jose de las Huertas, on Sep-
tember 10, 1803, by Candelaria, a native of the pueblo of
San Felipe, to Jose Garcia de Noriega, for a piece of land
703 varas long, by 203 varas wide, at Angostura.
In recording the boundaries of the land no mention is
made of an eastern boundary, and one word which has
been changed, another which is probably erroneous, and
an omission of one or more words in another place, render
the boundaries extremely doubtful. It is impossible to
118 THE SPANISH AECHIVES OF NEW MEXICO
make a satisfactory translation of them. The following
will give some idea of the condition of the original :
"And its boundaries are on the north it is bounded by
the same Indians of the pueblo of Santo domino (Do-
iningo?) and on the south it is bounded by house (this
word casa has been altered from something else) lands of
the said pueblo, and on the west it is bounded by the
(some word or words probably omitted here) probios (no
such word in Spanish) Indians.
(7) Deed made at Bernalillo on December 4, 1815, by
Jose Riano, a native of the pueblo of San Felipe, to Jose
Miguel Garcia, for a piece of land at Angostura, which
is 323 and two and one half fourth v aras long, and 94
and one and one half fourths varas wide.
The boundaries were, "on the north by lands of the
pueblo of San Felipe, on the south by lands of the same
pueblo , on the east by lands of the purchaser himself,
and on the west by lands also of the same pueblo."
The statement is made that the land was sold by the
consent of the whole pueblo.
(8) Statement by Jose Mariano de la Pena, chief al-
calde of Alburquerque, dated August 13, 1819, to the ef-
fect that while acting under commission from Governor
Facundo Melgares, in carrying out the orders of the royal
audiencia of the district, dated March 27, 1818, the party
named in the preceding writing having appeared before
him "his sale," etc., was returned to him.
The reasons given for this action are the same as those
set forth in the document designated as (2) herein, and
it is stated that this present document is signed by Ig-
nacio Maria Sanchez Vergara, the protector of Indians.
The above statement is made by W. M. Tipton.
384 TORIBIO GURULE vs. CEISTOBAL GONZALES.
Question of lands. County of Bernalillo. 1821. Before
Don Facundo Melgares, Governor. Jose Miguel Aragon,
Alcalde; Feliz Pino; Manuel Trujillo; Antonio Trujillo;
Gregorio Ortiz; Tomas Antonio Bercera; Antonio Ruiz:
Juan Luiz Trujillo; Vincent e Ferrer Duran; Antonio
Armijo.
385 JUAN GARCIA. Petition. 1821.
Before Don Facundo Melgares, Governor. Lands in San
Antonio de Carnue. Not granted.
386 TOMAS ANTONIO GALLEGOS vs. PEDRO GALLE-
GOS. 1822.
THE SPANISH AECHIVES OP NEW MEXICO 119
Before Armendariz, Alcalde. Question of inheritance.
Plaintiff claims lands. Baltazar Perea, Alcalde; Marcial
Torres; Jose Maria Gutierrez; Francisco Trujillo; Pedro
Bautista Pino.
17 FRANCISCO GARCIA; DOMINGO GALLEGO, Pri-
mero; FRANCISCO JURADO; PASCUAL ARCHU-
LETA; CRISTOBAL MARTIN; FRANCISCO GAL-
LEGO; ANTONIO JOSE GARCIA; JULIAN GAL-
LEGO; TOMAS MESTAS; MANUEL GALLEGO;
RAMO GALLEGO; JUAN MADRIL; SALVADOR
XARAMIO; MARCIAL ARCHULETA; DOMINGO
GALLEGO, Segundo.
Petition for lands. Year 1824. Before Don Bartolome
Baca, Governor. Petition granted and petitioners put in
possession of lands at Canones de Reano by Francisco
Truxillo, Alcalde. Rio Arriba county.
Colonel Bartolome Baca, at one time governor or po-
litical chief of New Mexico, and Don Antonio Jose Otero,
appointed circuit judge by General S. W. Kearny^ were
among the first owners and settlers of the place known
as Manzano, of which there were in all one hundred and
sixty; the petition for the lands taken up by these was
presented to the corporation or ayuntamiento of Tome,
September 22, 1829, and it is rather remarkable that no
reference is made in any of the papers to the existence
of the celebrated apple trees of that place. The petition
recites that "not having the deed of possession to the
said town in which they have settled, and the site of said
town being known to be owned by no one, we request your
excellency to be pleased to grant us the possession thereof,
giving us the land which we are now occupying; giving
us as boundaries from north to south, from Torreon to the
old Mission of Abo, and from east to west, from the Mesa
de los Jumanos to the mountain ; all of which is to be for
pasture grounds and other common purposes, cross roads
and other uses necesary for every town established upon
all the solid basis of common and private property and
inhabited by the same ; requesting further, as a condition
for any of the above mentioned individuals, or any others
to be admitted in the future without injury to the former,
to the new town of Manzano, to acquire legal property
therein, that he shall construct a regular terraced house
of adobe in the plaza where the chapel is to be constructed,
(for which permission has been granted us), and he shall
120 THE SPANISH AECHIVES OP NEW MEXICO
bring with him his property of every description, con-
tribute to all community labor, procure the increase and
prosperity of the town, defending with arms the firesides
of his town to the fullest extent against any domestic or
foreign enemy; and finally, that the person who will not
reside in said town with the family belonging to him, and
who shall remove to another settlement, shall lose all right
he may have acquired to his property.
"Tome, September 22, 1829. JOSE MANUEL TRUJILLO."
This petition was referred to the Territorial Deputa-
tion by the president of the ayuntamiento, Don Jacinto
Sanchez, with the statement that "the only objection
found being in regard to the arable land therein situated
belonging to the retired Lieutenant- Colonel Bartolome
Baca, who will be satisfied with the land which, as a new
settler, he may acquire, together with that which he has
purchased from other settlers, promising that although he
will not establish his residence there, he will cultivate and
improve the lands which may be recognized as his. ' '
A "league" of land in each direction was granted by
the Territorial Deputation, of which Jose Antonio Chavez
was president, and Roman Abreu, secretary; when pos-
session was given, the center was named as being at "El
Alto del Pino de la Virgen," which was situate in the
middle of the cultivated fields.
388 JOSE MAEIA GALLEGO.
Petition for lands "sobrantes" of the Pecos. 1825. Be-
fore Bartolome Baca, Governor. J. B. Vigil, Secretary,
of Territorial Deputation.
389 JUAN EUSEBIO GAECIA DE LA MOEA. County of
Taos.
Petition. 1826. Question of lands against Felipe Gon-
zales. Before Don Antonio Narbona, Governor. Juan
Antonio Martin, Alcalde.
This is a dispute between Juan Eusebio de la Mora and
Felipe Gonzalez, in regard to a piece of land at or near
Taos.
There are six papers in this archive, but they are dis-
connected, and insufficient to give a perfect understand-
ing of the case.
The controversy between Garcia and Gonzalez arose in
1826, but the incipiency of the trouble appears to have
been not less than ten, and possibly more, years prior to
THE SPANISH ARCHIVES OF NEW MEXICO 121
that time. Garcia claimed that Gonzalez had promised
him 100 varas of land in the tract, and insinuates that
Gonzalez knew that he was improperly holding the land
under a false claim of being an heir of the former owner.
Gonzalez denies that he had promised any land to Garcia,
and asserts that such promise was made by some people
named Sanchez who were living on the tract.
The information contained in this archive is fragment-
ary, but may be of use in connection with other sources
of knowledge.
There is a certified copy of certain clauses of the will
of Francisca Pacheco. The will was dated June 8, 1802 ;
the certified copy is by Antonio Narbona, then governor
of New Mexico, and is dated May 18, 1826. In this will
she names as her only heirs her brother Jose, and her
sisters Barbara and Margarita. As executors of the will
she names her brother Jose Pacheco and her nephew Joa-
quin Sanchez. In referring to the property she owned
she said, ' ' I declare that I have at Taos one hundred and
fifty varas of land."
Among the papers in this archive 389 is a copy of a
copy, not certified, at least if it was ever certified the cer-
tificate must have been upon the lower half of the first
page of the second leaf, which is now missing. It appears
from this paper that in certain proceedings had in the
year 1815, it was shown that Joaquin and Jose Sanchez had
sold certain lands to the Indians of the pueblo of Taos,
Joaquin at that time stating to the Indians that there were
no other heirs to the property; that subsequently three
other persons appeared claiming to be heirs ; that upon an
investigation of the matter, under orders from Governor
Alberto Maynez, by Felipe Sandoval, the protector of the
Indians, the Indians surrendered three portions of the land
claimed by the newly discovered heirs, and were paid back
the money which they had paid for those portions the
land of the vendors, which amounted to 2,840 varas, from
the boundary of their league to the north side, where the
protector of Indians made them place landmarks "at the
boundary which the grant of Captain Sebastian Martin
cites."
In his petition of April 25, 1826, Garcia states that
he is a son of Teodora Gallego, who claimed that she had
an interest in certain lands which had been illegally sold
to the Indians of Taos by Joaquin Sanchez, then deceased.
This interest apparently was claimed by her because of
her being an heir of Francisca Pacheco.
122 THE SPANISH AECHIVES OF NEW MEXICO
Apparently these lands were a part of a grant made to
Antonio Martin. Referring to them, the petitioner, Gar-
cia, says, "and sold to the Indians of the pueblo of Taos
as the instrument which said Sanchez made those In-
dians states, and it states the grant to be donated to An-
tonio Martin who donated to Isabel Pacheco and to Fran-
cisca Pacheco as appears by the document and compro-
mise which the alcalde Pedro Martin made to the children
of Diego Rafael and to the Sanchez who are those who are
on the tract and property of Prancisca Pacheco. ' '
390 MIGUEL GARCIA.
Petition, 1827. Before Manuel Armijo, Governor. Asks
for a document of partition of lands of the Romeros in
Taos. Manuel Martinez, Alcalde.
391 JOSE DOMINGO GARCIA et al. 1828.
Petition for lands near Alburquerque. Before Manuel
Armijo, Governor. Refused because covered by grant of
lands to Los Griegos. Ambrosio Armijo, Alcalde.
392 MIGUEL GAECIA, JULIAN GORDON, JOSE MAN-
UEL COP AS. 1829.
Report of the committee of the Territorial Deputation
against making them a grant of lands in Taos. Francisco
Sarracino; Cabeza de Baca; Baca y Terrus.
393 SALVADOR XIRON. (GIRON). 1829.
Petition claiming possession of land in Santa Ana del
Sabinal. Before Juan Geronimo Torres, Alcalde.
394 MARIA DE LA LUZ GALLEGOS, widow of Ignacio Ma-
drid.
Will. Santa Fe, May 18, 1830. Before Ignacio Ortiz,
Alcalde.
395 JOSE VICTOR GARCIA vs. JUAN RAFAEL ORTIZ.
Question of land at Pojoaque. 1831-2. Before Vincente
Martinez, Alcalde. Juan Vigil; Domingo Fernandez;
Juan Trugillo ; Mateo Sandoval ; ; Juan Antonio Armijo ;
Vincente Martinez; Roman Abreu; Juan Bautista Vigil,
Alcalde.
396 RAFAEL GONZALES.
Report on petition for land. 1832 Claim of Jose D. Fer-
nandez et al. File No. 71, Surveyor-General's office, q. v.
THE SPANISH ARCHIVES OF NEW MEXICO 123
.397 JULIAN GARDUNO, JOSE MARIA BENAVIDES,
ROMAN SISNEROS vs. ANTONIO ARMIJO.
Question of land at Real de los Dolores. . . 1835. Before
Manuel Doroteo Pino, Alcalde. Juan Benavides.
398 LUIS GRIEGO. FRANCISCO PROVENCIO. JUAN
SILBA. JOSE SILBA. FLORENCIO LA GARZA.
VICENTE ROIBAL. BENITO VARELA. MAR-
CELINO ORTIZ.
Petition for lands at Galisteo. 1843. Before the Ayun-
tamiento of Santa Fe. Possession given by Antonio Sena,
Alcalde. J. A. Archuleta, Prefect. Archive No. 802 has
been transferred to this one.
399 MARIA DE LOS REYES GUTIERRES.
Will. Puesto de la Cienega, May 9, 1843. Fernando Or-
tiz y Delgado. Rafael Romero.
400 TOMAS DE HERRERA Y SANDOVAL.
Petition for land. 1695. Before Don Diego de Vargas,
Zapata Lujan Ponce de Leon, Governor and Captain-Gen-
eral. Possession given by Roque Madrid, Alcalde. Half
a fanega, near Chimayo.
401 TERESA DE HERRERA Y SANDOVAL vs. MARIA
DE LEYBA Y MENDOZA. 1706.
Question of a piece of land at Santa Cruz. Before Fran-
cisco de Ribera, Alcalde. Roque Madrid, Alcalde; Juan
de Medina Ortiz ; Joseph de Atienza ; Juan de Atienza.
402 ANA MAGDALENA HERNANDEZ vs. TOMAS DE
HERRERA. 1712.
Question of lands at Santa Cruz. Before the Marques de
la Penuela, Governor and Captain-General. Juan Paez
Hurtado, Ten'te General; Roque Madrid, Alcalde.
403 VICENTE FERRER DE ARMIJO to Juan Paez Hur-
tado. Santa Fe, December 4, 1713.
Conveyance of house and lands. Before Juan Garcia de la
Riva, Alcalde. Antonio Duran de Armijo ; Joseph Maria
Giltomey.
124 THE SPANISH AECHIVES OF NEW MEXICO
404 MAEIA DE PALACIOS Y BOLIVAR to Juan Paez
Hurtado. Santa Fe, January 13, 1716.
Conveyance of a house and lot. Before Juan Garcia de
la Kiva. Alphonso Rael de Aguilar (Abbreviated sig.) ;
Joseph Maria Giltomey.
405 MAEIA HUETADO.
Will. Santa Fe, December 28, 1725. Before Miguel Jo-
seph de la Vega y Coca, Alcalde. Juan Manuel Chirinos ;
Tomas de Sena.
406 JUAN MANUEL DE HEEEEEA.
Will. Villa Nueva de Santa Cruz, June 12, 1753. Be-
fore Juan Joseph Lovato, Alcalde. Francisco Valdes y
Bustos; Pablo Truxillo.
407 JOSEPH GAEDUNO to Joseph de Herrera. Santa
Fe, June 16, 1784.
Conveyance of a house and lot. Before Nicolas Ortiz,
Alcalde. Juan Antonio Hortiz (Ortiz) ; Nicolas Rael;
Juan Joseph de Icuza y Elisondo.
408 ANTONIO GONZALES to Juan Bautista de Herrera.
Santa Fe, April 8, 1755.
Conveyance of land. Before Francisco Guerrero, Al-
calde. Manuel Begil (Vigil) ; Juan Antonio Ortiz.
409 BAETOLA HUETADO, widow of Joseph Bustamante.
Santa Fe, May 13, 1762.
Will and inventory of estate. Before Manuel Gallego,
Alcalde. Tomas de Armijo; Joseph Miguel Garduno;
Pedro Taf oya ; Nicolas Ortiz.
410 JOHN HEATH.
Petition for lands at the Bracito. 1823. Copy of pro-
ceedings.
The claim of John Heath was not confirmed by the
court of private land claims. The Bracito Tract was
first settled by Don Juan Antonio Garcia de Noriega, a
resident of El Paso; he was a lieutenant of dragoons of
that town. In 1805 he constructed an irrigation ditch on
the Bracito Tract, which lies just south of Mesilla Park,
New Mexico. In the year 1816 in the valley of the Rio
Grande, between Rincon and El Paso there was a great
visitation of locusts which destroyed all the cultivated
THE SPANISH ARCHIVES OF NEW MEXICO 125
fields. He was advised to make a settlement of this lo-
cality by the Lieutenant- Colonel Don Alberto Maynes.
Don Juan lived amicably with the Apaches in this locality,
as he says : ' ' The Chiefs of the Apaches have told me that
next year they desire to have their lands planted, and if
said settlement is established, aided by the citizens of the
town of El Paso and the new settlers, I will plant their
lands so as to keep them more quiet."
In 1805, upon a similar petition from Garcia de No-
riega, it was denied by Alencaster, then governor of New
Mexico. Don Juan died at his ranch of Bracito in the
year 1828.
Juan Maria Ponce Leon, political chief of the Bravos
district, in March, 1849, certified "that D. Juan almost
at his own expense kept the Apaches at peace, and ren-
dered other useful services to travellers and even to the
entire nation, until the savages by their insurrections and
hostilities forced him to withdraw from said place; the
land itself proves that it has been cultivated, as it is
crossed by acequias ; some of the land is irrigated and the
ruins of the house still exist.
' ' I also know, not remembering the year, that an INDI-
VIDUAL OF THE UNITED STATES, named John Gid
(Heath) asked for and received a GRANT OF LAND at
the same place from the Mexican authorities, respecting
those of Don Juan Garcia : THIS HE AFFIRMS, having
been one of the Commissioners in the measurement of the
land asked for, and at the request of the party inter-
ested."
It is quite interesting to know that the claim of John
Heath (Juan Gid) to a grant of land at this place failed
because his descendants did not know from what source
the grant had been obtained; it came from the governor
of Durango, and not from the New Mexican authorities.
In the testimony taken before the surveyor-general of
New Mexico, Pelham, it also appears that at the time of
the occupation of the city of El Paso by the American
troops under General A. W. Doniphan, the town hall of El
Paso was made headquarters by Doniphan, at which place
all of the archives were kept. This is sworn to by Don
Juan Jose Sanchez, who also says :
"I was first justice at that time, and that as such Cap-
tain Waldo, doctor of medicine, and belonging to the said
army, informed him that the soldiers were entirely de-
stroying the archives, and that for that reason he went
there immediately, with several others, and collected the
126 THE SPANISH ARCHIVES OF NEW MEXICO
few public papers they had left, the greater portion hav-
ing been already burned and thrown in the street, and
even some time after there were important papers found
scattered in the streets."
The title to this Bracito Tract in a proceeding before
Horace Mower, justice of the supreme court of New Mex-
ico, was finally adjudicated, by which Hugh Stevenson,
successor in interest to the original grantee, received a
two-thirds interest in the grant. The grant was originally
made by Don Jose Ordas, lieutenant-governor of that juris-
diction.
411 ISABEL JORGE DE BERA.
Grant. 1696. City of Santa Fe. Half a fanega.
May 5, 1699 ; refers to the Rio Chiquito and to the Rio
Grande, the latter being the present Santa Fe river. The
Rio Chiquito was a small stream which had its rise at a
large spring in what is now known as the Bishop 's Garden
and other springs located on the site of the convent of the
Sisters of Loreto. Its course was down what is now known
as Water street, Santa Fe, and joined with the Rio Santa
Fe about opposite the site of the Guadalupe Church.
JOSEFA DURAN, widow of Faustin Griego.
Grant. City of Santa Fe. 1696. About half a fanega.
MICAELA DE VELASCO to Jose Blasquez. Santa
Fe, October 15, 1708.
Conveyance of house and lot.
ISABEL JORGE DE BERA to Micaela de Velasco.
Santa Fe, June 28, 1797.
Conveyance of house and lands.
On leaf 7, December 22, 1706, reference is also made to
the "Camino real que va al Alamo" ; this was to the south
and the Alamo was a ranch or hacienda belonging to Jose
Riano, in these days called "Pino's Ranch."
LORENZO MADRID to Antonio Rael de Aguilar. Sat
ta Fe, December 22, 1706.
Conveyance of house and lands.
JUANA DE CARRAS vs. ANTONIA SEDANO, wii
of Juan Lorenzo de Medina. 1713.
Question of lands. Juana de Carras acts in the name
her absent husband, Jose Blasquez, and the land in qu<
THE SPANISH ARCHIVES OF NEW MEXICO 127
tion is the same sold to him by Micaela de Velasco who
was the widow of Miguel Garcia de la Riva.
Don Diego de Vargas Zapata Lujan Ponce de Leon, Gov-
ernor and Captain General. Domingo de la Barreda,
Secretary of Government and War. Antonio de Aguilera
Isasi, Alcalde. Miguel Tenorio de Alva; Joseph Manuel
Giltomey; Xpttobal de Gongora; Diego Arias de Quiros,
Alcalde; Roque de Pintto, Secretary of Government and
War ; Juan Paez Hurtado ; Lorenzo de Madrid ; Francisco
Romero de Pedrassa ; Juan Garcia de la Rivas ; Antonio
Duran de Armijo; Antonia Sedano.
412 URSULA RAMOS to Antonia Xiron, wife of Francisco
Vigil. Santa Cruz de la Canada. August 23, 1736.
Conveyance of house and land. Acquired by the vendor
from Diego Martin, with guarantee of Juan de Dios Mar-
tinez de Sandoval, March 21, 1713. Before Juan Estevan
Garcia de Noriega, Alcalde. Antonio Trujillo ; Miguel de
Quinttana.
413 ROQUE JACINTO JARAMILLO and JUAN MAN-
UEL DE HERRERA.
Grant. Situate on the Rio del Oso, county of Rio Ar-
riba. 1746. Re-validation by Don Joachin Codallos y
Rabal, Governor. Possession given by Juan de Beytia,
Alcalde. No boundaries are set out either in the proceed-
ings or in the possession. The original grant was made
to the above named and to others, by Don Juan Domingo
de Bustamante, governor and captain-general. The
boundaries given in the petition are : North, lands of the
Alferez Torres; south, lands of Juan de Tafoya; east,
lands of Juan de Mestas, and west, the entrance of the
canyon of the Sierra..
Vincente Ginzo Ron y Thobar; Francisco Gomez del
Castillo; Phelipe Jacobo de Vnuanue; Juan de Beytia,
Alcalde ; Joseph Romo de Vera ; Juan Lorenzo Baldes.
Cristobal de Torres Grant, q. v.
414 RAMON GARCIA JURADO and SALVADOR MAR-
TINEZ, of Alburquerque. May 21, 1746.
Before Don Joachin Cadallos y Rabal, Governor. Peti-
tion in the matter of the partition of the estate of Josefa
Valverde. Agreement as to the division of lands of the
Ranchos. San Francisco de Sandia; San Joseph de los
Corrales ; San Antonio.
Josepha Valverde was the widow of Captain Luis Gar-
128 THE SPANISH ARCHIVES OF NEW MEXICO
cia, and Salvador Martinez claimed his part as husband
of Rosalia Garcia.
The agreement was approved by Codallos y Rabal on the
date supra.
415 JOSEPH DE MEDINA to Juana de Xaramillo. Santa
Cruz, October 1, 1753.
Conveyance of two tracts of land. Before Juan Joseph
Lobato, Alcalde. Juan Domingo Lobato ; Antonio Martin.
Medina or Black Mesa Grant, R. No. 56, was confirmed
by the court of private land claims and surveyed for
more than 19,000 acres. A portion of its south boundary
adjoins the San Juan Pueblo Grant. It was patented
December 9, 1907.
416 EAMON GARCIA JURADO and BROTHERS.
Grant. 1753. Reported Claim No. 49, q. v.
417 JUAN ESTE VAN JUAN JUEVE (or JUAJUEVE).
Will. San Antonio. Jurisdiction of Villa Nueva de
Santa Cruz. April 2, 1764. Before Manuel Garcia Pa-
reja, Alcalde. Francisco Sanches; Alletano Atencio.
418 LUIS XARAMILLO.
Will. December 27, 1784. Before Thomas Madrid, Teni-
ente. Diego Antonio Margue ; Joseph Maldonado.
419 CATALINA JURADA.
Will. Puesto de Nuestra Senora de Guadalupe, January
31, 1767. Before Manuel Garcia Pareja, Alcalde. Pedro
Antonio Martin ; Juan Joseph Bustos.
420 JOSEPH and XAVIER JARAMILLO. Fuenclara,
1768.
Petition for land. Before Don Pedro Fermin de Men-
dinueta, Governor and Captain-General. Francisco Tre-
bol Navarro ; Joseph Hurtado de Mendosa ; Manuel Zeinos ;
Antonio Moreto; Mattheo de Pefiarredonda.
421 LUIS JARAMILLO.
Grant. Reported Claim No. 108.
Luis Jaramillo, in 1769 had been thirty-six years a sol-
dier and corporal of the garrison at Santa Fe. He asked
the governor, Mendinueta, for lands on the Rio Puerco,
adjoining those of Captain Antonio Baca; all of the set-
tlers of Nuestra Senora de La Luz, San Fernando, and
DON FERNANDO DE ALENCASTRE NORONA Y SILVA
Duke of Linares, Viceroy of Mexico 1711-16
THE SPANISH AECHIVES OF NEW MEXICO 129
San Bias del Rio Puereo protested. This availed them
nothing, however, as Jaramillo was put in possession and
the governor in discussing some of the things done by
the settlers in times past, says: "they stupidly and ma-
liciously altered the testimonio of the grant and the act
of possession wherever 'leagues' were mentioned, as ap-
pears from the original, ' ' and on account of the expression
made by Juan Bautista Montano, before the above men-
tioned alcalde (Trebol Navarro), when executing the act
of possession given to the residents of Atrisco, that those
alterations were made by my predecessor aforesaid, I
order that a writ be issued, commanding the said Montano
to appear before me in this, my tribunal, it being in-
credible that my predecessor could have done so, as well
because said testimonio has always remained in the pos-
session of said settlers, was made in the time of my pre-
decessor, Francisco Antonio Marin del Valle, for if he
had altered the testimonio he would have also altered the
original, and in case he desired to extend the boundaries
he would have done so in due form and not by destroying
the document, which I direct remain on file in this of-
fice that the fact may at all times appear. ' '
422 JUAN LUSEEO DE GODOY.
Grant. Land near Santa Fe. 1693. Before Diego de
Vargas Zapata Lujan Ponce de Leon, Governor and Cap-
tain-General. Re-validated in the year 1695.
Alfonzo Rael de Aguilar. Also written "Alphonso" in
this same document.
* * To his excellency the governor and captain-general, I,
the adjutant, Antonio Lusero de Godoy, alderman of this
town of Santa Fe, and inhabitant of these provinces of
New Mexico, native of the same, appear before your ex-
cellency in the best form allowed me by law and say that
in order to better continue in the community of this said
town and in the royal service of his majesty, I need a
tract for a house at the place where at present day I have
a shanty standing in which I live, situate in the direction
of the road to the pueblo of Tesuque, upon some low hills
(lomas vajas) that are there together with the lands that
surround them which on the north adjoin with a dry
gulch (arroyo seco) that comes down from the mountains
(sierra), and on the east they adjoin with the trail (ve-
reda) that leads to the pueblo of Tesuque, and on the
west with lands of the Sergeant Major Juan Lusero de
Godoy, my father, and on the side of the river which is
130 THE SPANISH AECHIVES OF NEW MEXICO
to the south with lands of Alonso Maese and of Juan Gon-
zales Lobon, upon all of which land there probably may
be embraced about one-half fanega of corn and two of
wheat, for in order that I may go there with my numerous
family, it is a very [illegible, one word] portion of land
I ask your excellency to be pleased to remember my
services that I have rendered to his majesty, for since
the time of the first entry made into this kingdom by
General Don Diego de Vargas, I was the one to guide the
fifty soldiers of the re-inforcements that his majesty gave
him for making the conquest, and during the conquest I
remained near to the person of the said general, as like-
wise in the entry with the families. I was one of those
who, not stopping to consider the danger of the winter,
conveyed my family of my wife and children, they be-
ing exposed to many discomforts such as are experienced
in this kingdom and during all the conquests I always
accompanied the said general at my own expense [one
word illegible] as is public and notorious, and that I have
not had any reward; and since your excellency repre-
sented the king our lord, that you be pleased to attend
to my services, and as the royal agent of him and having
as you do all his authority, that you grant to me in his
royal name what I ask, accepting my statement as true,
which I swear to God, and by the sign of the holy cross,
that it is as I have stated and only for the purpose of
obtaining justice which I ask, and I implore the royal
help of your excellency. ANTONIO LUCERO DE GODOY"
PRESENTATION
"In this town of Santa Fe, on the 30th day of the
month of July, 1697, before me, Don Pedro Rodrigues
Cubero, governor and captain-general of this kingdom
and provinces of New Mexico, commander of its forces
and garrisons, governor-elect and captain-general of the
provinces of Macaibo, Merida, and La Gritta, proprietary
commander of the castle of San Salvador at Punta of the
city of Havana, for his majesty, the party stated, pre-
sented it. Order. And I having seen it, accept it as pre-
sented for what it may be worth in law, and in view of
the services that he states to have rendered to his majesty
in this said kingdom, I at once made him the grant that
the petitioner asks of the lands stated in the name of his
majesty, without prejudice to third parties who may have
a better claim, which said lands and grants I give to the
said Antonio Lucero in order that he may enjoy, settle,
cultivate, and possess, his wife, children, and heirs, and
THE SPANISH AECHIVES OF NEW MEXICO 131
I command that this petition and grant made in favor of
said Antonio Lucero the said party do take and present
it before the cabildo, justices, and aldermen of this said
town, in order that they in their archive a record may be
made (se tome razon] that it may appear at all times,
when that being done they shall return it in order that a
title in due form may be issued to him, and that it may
so appear I signed it with the undersigned secretary of
government and war. PEDRO RODRIGUES CUBERO
' ' Before me : DON ALONSO RAEL DE AGUILAR,
" Secretary of Government and "War."
"Immediately thereafter on said day, month, and year,
in pursuance of what was provided by his excellency, the
governor and captain-general, the cabildo, justices, and
aldermen received it as presented for what it may be
worth in law, and that it may so appear we signed it with
the secretary of the cabildo on the date as above.
' * It agrees with the original that remains in the archive
of government and war of this said town, and it is true
and certain according to the same; and at its correction
and comparing Were present Cristobal de Gongora and
Juan Antonio Ramos, and I, said secretary of cabildo,
make my sign and customary rubric in testimony of the
truth. MIGUEL TENORIO DE ALVA [rubric]
"Secretary of Cabildo"
Among other things it appears in this archive that Gen-
eral De Vargas, in 1693, made his camp on the edge of a
forest (monte ) known as ' ' Cuma. ' '
423 ANTONIO LUCERO DE GODOY.
Grant. Land near Santa Fe, 1697. By Don Pedro Rod-
riguez Cubero, Governor and Captain-General. Testi-
monio certified to by Miguel Tenorio de Alva, Secretary
of the Council.
Antonio Lucero de Godoy says that he is the man who, at
the time of the first expedition of De Vargas (1692) , guided
the soldiers which the king had given De Vargas and that
he also accompanied the expedition which brought the set-
tlers from Mexico.
ANTONIO MARTINEZ or LUCERO DE GODOY.
Originally as surveyed this grant conflicted with the
grant to the Taos Pueblo ; the title was confirmed by the
court of private land claims and under the decree and
survey the conflict was eliminated. The grant contains
61,000 acres and was patented May 8, 1896.
132 THE SPANISH AECHIVES OF NEW MEXICO
424 JOSE CASTELLANOS to Bartolome Lobato. Santa
Fe, August 8, 1701.
Conveyance of house and land. Before Joseph Rodri-
guez, Alcalde. Testimonio certified to by the Alcalde.
This also mentions the Rio Chiquito.
425 JUANA DOMINGUEZ to Bartolome Lobato. Santa
Fe, August 14, 1701.
Conveyance of house and garden. Before Joseph Rodri-
guez, Alcalde. Lorenzo de Madrid, Joseph de Quintana.
Says there is no notary within 270 leagues ; refers also to
the Rio Chiquito.
426 JUAN GONZALES to Jose Lopez. Bernalillo, No-
vember 14, 1704.
Donation of land. Before Diego Montoya, Alcalde.
Juan de Uribarri, Baltazar Mata.
427 EAMON GARCIA JUEADO to Bartolome Lobato.
Santa Cruz, May 7, 1707.
Conveyance of land. Before Alphonso Rael de Aguilar,
Alcalde. Xpttobal de Gongora, Antonio Duran de
Armijo.
A deed for a piece of land at Santa Cruz de La Canada,
the boundaries being "on the north side by the river of
said town (Villa) on that of the south by the said town."
This shows that when the Villa Nueva de Santa Cruz was
reestablished by De Vargas in 1695, the same was on the
south side ; the present town of Santa Cruz is located on
the north side of the river.
428 SEBASTIAN DE VAKGAS to Antonia de Leyba. San-
ta Fe, August 25, 1710.
Donation of house, lot and lands. Before Diego Arias
de Quiros, Alcalde. Xpttobal de Gongora, Antonio Dun
de Armijo.
429 JUAN DE TOERES to Juan Lopez. Santa Fe, July
1712.
Conveyance of house and lot. Before Diego Arias
Quiros, Alcalde. Pedro de Montesdoca, Joseph Mam
Giltomey.
THE SPANISH AECHIVES OP NEW MEXICO 133
430 DIEGO MARTIN to Juana Lujan. Santa Cruz, April
27, 1713.
Conveyance of lands. Before Jacinto Sanches, Alcalde.
JUAN GARCIA DE NORIEGA to Josefa Lujan. San-
ta Fe, August 5, 1713.
Conveyance of land. Before Juan Paez Hurtado, Al-
calde. Juan Phelipe de Ribera, Pedro de Eoxas.
431 ANTONIA BARELA DE LOSADA.
Will. Santa Fe, June, 1712. Before Alphonso Rael de
Aguilar, Alcalde. Juan de la Mora Pineda, Vsebio de
Aguilar.
433 BARTOLOME LOBATO.
Grant. Situate on the Rio de Chama. 1714. Granted
by Don Juan Ignacio Flores Mogollon, Governor and
Captain-General. Possession given by Sebastian Martin,
Alcalde. Re-validated in 1715 by Phelix Martinez, Gov-
ernor; Miguel Thenorio de Alva, Secretary of Govern-
ment and War. Roque de Pintto, Secretary of Govern-
ment and War. Francisco de Carmona, Miguel de Quint-
tana.
434 ALEJO GUTIERRES to Antonio Lopez. Santa Fe,
June 13, 1715.
Conveyance of house and land. Before Juan Garcia de
la Riva, Alcalde. Gabriel de Cabrera, Juan Manuel
Chirinos.
MARIA GUTIERRES to Alejo Gutierres. Santa Fe,
August 7, 1712.
Donation of the above land. Before Alphonso Rael de
Aguilar, Alcalde. Miguel de Sandoval Martinez.
435 BARTOLOME LOBATO.
Re-validation of grant on the Chama by Governor Mogol-
lon. No. 433, q. v.
436 BARTOLOME LOBATO.
With No. 433, No. 435, q. v.
437 BARTOLOME LOBATO. SALVADOR DE SANTIE-
STEVAN. ANTONIO TRUXILLO. ANTONIO DE
134 THE SPANISH AECHIVES OF NEW MEXICO
SALAZAE. XPTOBAL CEESPIN. NICOLAS
GEIEGO. NICOLAS BALBEEDE. JUAN DE MES-
TAS.
Petition in regard to the calling in of their grants. Be-
fore Juan Paez Hurtado, Visitador General. Nos. 433,
435, 436, q. v.
The grant to Antonio Trujillo is as follows :
"To the Governor and Captain General:
"Antonio Trujillo, resident of the new town of Santa
Cruz, appears before your excellency in the manner most
approved in law and convenient to me, and states that:
I register a tract of land, which is wild and unsettled, on
the opposite side of the Del Norte river, which I received
as a grant in the name of his Majesty, from General Don
Juan Flores Mogollon, and was placed in possession there-
of by Captain Sebastian Martin, at that time senior jus-
tice of said town, and upon which I made a ditch and
plowed up a field, an examination of which was made on
the 9th instant by Don Juan Paez Hurtado, lieutenant
general of this kingdom; and its boundaries are, on the
east a hill which joins the Del Norte river; on the west
an angostura or narrow, which forms a table-land, with
the Chama river; and on the north said table-land, and
on the south the Chama river. Said lands your excel-
lency will be pleased to regrant me anew, in the name of
his Majesty, for myself, my children, heirs, and succes-
sors, together with entrances and outlets, pastures, water
and watering-places, rights, interests, customs, and ap-
purtenances, thereunto belonging; directing royal pos-
session to be given to me, compelling them to settle them
within the time prescribed by law, in view of all which
and whatever more I may set forth and may do in my
own favor, and which I here express.
"I pray and request your excellency, with the most
sincere expression of submission, to be pleased to do and
determine as I have requested ; and by so doing I wi
receive grace and favor with justice. I swear that thi
my petition is not made through malice. I implore roy
aid and whatever may be necessary, etc.
"ANTONIO TRUJILLO."
"And seen by Don Juan Domingo de Bustamante, gov-
ernor and captain-general of this kingdom. He consid-
ered it as presented, and I grant to the person therein
mentioned the grant of land he asks me for, in the name
of his Majesty, for himself, his children and heirs, without
id
ill
!
V-
THE SPANISH AECHIVES OF NEW MEXICO 135
injury to any third parties who may show a better title;
and I direct the senior justice of the new town of Santa
Cruz to proceed to place him in possession of the afore-
said lands, and in order that it may be a matter of record
I have signed it at this city of Santa Fe, on the 8th day
of the month of June, one thousand seven hundred and
twenty-four. JUAN DOMINGO DE BUSTAMANTE."
' ' At this place of Yunque, on the 20th day of the month
of June, in the year one thousand seven hundred and
twenty, I, the reformed Ensign Cristobal Torres, chief
justice and war captain of the new city of Santa Cruz
and its jurisdiction, proceed to give royal possession to
Antonio Trujillo, as I am directed to do by his excellency ;
and having arrived and examined the tract of land re-
ferred to in his petition, I took him by the hand and
walked with him over the land. He threw stones, pulled
up grass, and cried out in a loud voice, as if the land was
his, and in proof of possession which I gave him in the
name of the king, our sovereign, (whom may God pre-
serve,) and which he received quietly and peaceably,
Domingo Montes Vigil and Diego Martin being instru-
mental witnesses, and with the boundaries mentioned in
his petition; and possession was given to him with the
condition that he should settle it within the term pre-
scribed by law. And in order that it may so appear, I
signed as acting judge, with the undersigned as attend-
ing witnesses, on said day ut supra.
" CRISTOBAL TORRES.
" Attending:
1 ' MIGUEL A. QUINTANA. ' '
It will be seen that the place called Yunque, the site of
Onate's capital, was inhabited one hundred and sixteen
years after the capital was removed to Santa Fe.
438 XPTOBAL CEESPIN to Miguel Lujan. Santa Fe,
October 25, 1718.
Conveyance of a house and lot. Before Francisco Bueno
de Bohorques y Corcuera, Alcalde. Diego Arias de
Quiros, Juan Manuel Chirinos.
439 JOSEPHA SEDANO to Cayetano Lobato. Santa Fe,
March 20, 1722.
Conveyance of a house and lands. Before Francisco
Bueno de Bohorques y Corcuera, Alcalde. Pedro Lopes
Gallardo, Gregorio Garduno.
136 THE SPANISH AECHIVES OF NEW MEXICO
440 MIGUEL DE LA BEGA Y COCA and MAEIA MON-
TOYA to Maria Josepha Lopes. April 17, 1727.
Conveyance of house and lands. Before Diego Arias de
Quiros, Alcalde. Manuel Thenorio de Alva, Juan Manuel
Chirinos.
441 JOSEPH DE LEYBA.
Land situate near Santa Fe. Made by Bustamante, Gov-
ernor. Possession given by Diego Arias de Quiros, Al-
calde. Juan Manuel Chirinos, Juan Joseph Lobato.
The boundaries to this grant were : on the east by the
San Marcos road, on the south by an arroyo called Cuesta
del Oregano, on the west by land of Juan Garcia de la
Bivas, and on the north by the lands of the Captain Se-
bastian de Vargas.
Juan Garcia de las Kivas was the son of the Captain
Miguel Garcia, who was the owner of the sitio of the old
pueblo of the Cienega. The Cuesta del Oregano was
south and east of the Ojo del Coyote. The grant was
held by the court of private land claims to have been
an imperfect one; made as it was in 1728, it fell under
the requirements of the Royal Ordinance of 1754, which
provided that all grants made subsequent to 1700, unless
already confirmed by royal order of the king or his vice-
roys, or presidents of the Audiencias of the several dis-
tricts embracing the lands granted, should apply for such
confirmation as a prerequisite to validity.
Jose de Leyba had a son, Simon de Leyba, who likewise
had a son, Salvador Antonio, who had a son, Juan Angel
Leyba, who had a son, Salvador Leyba; having been
kicked by a mule, and fearing death, made his will and
in this instrument, it is recited that this grant had been
made to his father Joseph by the king. Juan Angel
Leyba was killed by the Navajos near the Coyote Spring.
The sitio of the old pueblo of the Cienega was granted
by General de Vargas to Bernabe Jorge ; one of the bound-
aries of this old pueblo was the Pefiasco Blanco de las
Golondrinas. The word * ' Oregano ' ' means marjoram.
Upon this tract of land are located the celebrated tur
quoise mines the Chalchuitl of the Pueblo Indians.
In the testimony relative to the boundaries of this gran
an interesting deed, made in 1701, was introduced in evi-
dence : containing as the deed does, certain terms, dealing
with matters of taxation, fees, etc., the deed is given in
full:
"At the Villa of Santa Fe on the twelfth day of March,
a
;
THE SPANISH AECHIVES OF NEW MEXICO 137
one thousand seven hundred and four, before me Captain
Juan Paez Hurtado, war lieutenant and captain-general
of this Kingdom, acting as Juez Receptor with two at-
tending witnesses, appeared Miguel Garcia de la Riba,
resident of this city, and said that he was giving and
gave in royal sale, the sitio of the old Pueblo of Zienega,
in favor of his son, Juan Garcia de la Riba, for the price
of one hundred dollars of the money of the country,
that said Miguel Garcia de la Riba had by sale from
Joseph Castellanos and that its boundaries are on the
north the watershed of La Zieneguilla, on the East the
Penasco Blanco (White Rock) de las Golondrinas, on
the South the Canada of Juana Lopez, on the West Las
Boquillas, and renounces the laws of NON NUMERATA
PECUNIA and those of the DUBUS RES DE VENDI
and AUTENTICA PRE FIDE JUROBUS so that as his
own property, the said grant of the old Pueblo of Zienega,
he can exchange and transfer it or use the same at his
own pleasure, and empowering the court of His Majesty
with all rigor of law to compel him to comply with the
provisions contained in this document, and that if at
any time he should bring suit, the said Miguel Garcia de la
Riba, he shall not be heard in Court nor out of it, and as
a guaranty he pledges his person and personal and real
property he may now have or might have; and the said
Miguel Garcia de la Riba further states that of the re-
mainder he makes, grants, gives and donates pure and
perfect which the law calls INTERVIVOS : To have and
to Hold he so executed and signed the same the said
grantee, Miguel Garcia de la Riba, together with myself
and my assisting witnesses who were Mateo Trujillo and
Jose Franco de la Barreda, both citizens [torn] of this
city, and of [torn] the party I delivered this orig. [torn]
in the power of the purchaser [torn] on ordinary blank
paper [torn] there being no sealed paper [torn] parts.
' * MGL GARCIA DE LA RIBA
' ' Testigo de Asistencia
1 ' JOSE FRANCO DE LA BARREDA
"Ante mi como Juez Receptor Testigo de Asistencia
' ' JUAN PAEZ HURTADO MATEO TRUGILLO ' '
The Non Numerata Pecunia meant: Not in Ready
Money.
442 LUIS LOPES.
Will. Canada, October 27, 1728. Before Diego Arias de
Quiros, Alcalde. Juan Joseph Lobato, Juan Manuel
Chirinos.
138 THE SPANISH ARCHIVES OF NEW MEXICO
443 NICOLASA MONTOYA by her husband BARTO-
LOME GUTIERRES to Maria Josepha Lopez. San-
ta Fe, February 15, 1729. Conveyance of land.
Before Diego Arias de Quiros, Alcalde.
444 JUAN LUJAN to Agustin Lobato. Santa Fe, August
16, 1738.
Before Antonio Montoya Alcalde. Conveyance of land.
Juan Manuel Chirinos.
A description of land lying "between the big river and
the little'' "entre el Rio Grande y el chico," meaning
the Rio Santa Fe and the Rio Chiquito.
445 JUAN CAYETANO LOBATO.
Piece of land on the other side of the Santa Fe river.
Don Gaspar Domingo de Mendoza, Governor and Cap-
tain-General. Antonio de Hulibarri, Alcalde. Gregorio
Garduno.
446 FELIPE RODRIGUEZ to Manuel Lopez (Lohpes).
1751.
Conveyance of land in Santa Fe, called Buena Vista.
Manuel Gallegos, Alcalde. Pedro Tafoya, Lucas Miguel
de Moya.
447 ISIDRO MARTIN to Geronimo Lopez. 1753.
Conveyance; land in Santa Fe. Manuel Gallegos, Al-
calde. Pedro Tafoya, Lucas Moya.
448 MARCOS RODRIGUEZ to Joseph Losano. Santa Fe,
1762.
Conveyance of land. Manuel Gallego, Alcalde. Juan
Antonio Orttis, Pedro Antonio Tafoya.
449 JUAN MANUEL SANDOBAL to Juan Jose Luxan.
Santa Fe, 1764.
Conveyance of land. Francisco Guerrero, Alcalde.
Diego Antonio Marquez, Thomas Casillas, Francisco
Xavier Fragoso.
450 BARTOLOME TRUXILLO to Joseph and Antonio Lu-
cretio Martin. Abiquiu, 1764.
A tract of land; part of a grant to vendor. Juan Pablo
Martin, Alcalde. Joseph Gomes, Antonio Gomes.
THE SPANISH AKCHIVES OF NEW MEXICO 139
451 JOSE LOSANO vs. JUAN DE URIOSTL Santa Fe,
1764.
Questions as to boundaries of a piece of land donated to
the grandfather of complainant, Miguel de la Cruz, by
Sebastian de Vargas, Armero. Francisco Guerrero, Al-
calde. Antonio Dominguez, Vicente Sena.
52 MARIA MANUELA, widow of Juan Losano.
Will. Santa Fe, 1765. Francisco Guerrero, Alcalde.
Joseph Mares, Joseph Miguel Garduno.
453 FRANCISCO LOBATO to Agustin Lovato. Santa
Fe, 1765.
House and lot. Francisco Guerrero, Alcalde. Lucas
Moya, Juan Francisco Nino Ladron de Guebara.
Describes a piece of land between the Rio Chiquito and
the Rio Grande, in Santa Fe.
454 MIGUEL LUCERO, Alcalde-mayor of Alburquerque.
Will. 1768. Also inventory and partition proceedings.
Juan Cristobal Sanches, Alcalde. Bartolome Olguin,
Tomas Veles Cachupin, Governor. Felipe Silba, Juan
Francisco Baca, Carlos Fernandez, Joseph Maldonado.
455 ANTONIO ORTEGA to Geronimo Lopez. Santa Fe,
1768.
Conveyance of land. Phelipe Tafoya, Alcalde. Joseph
Miguel Tafoya, Lucas Moya.
456 MANUELA BRITO to Simon de Leiba. Santa Fe,
1769.
House and lot. Phelipe Tafoya, Alcalde. Joachin Lain.
In 1767 Don Felipe Tafoya was an alcalde at Santa Fe;
he states, in a petition signed by him as attorney for Don
Diego Antonio Chavez and Don Pedro Chavez, that he is
the legitimate son of Antonio Tafoya, formerly ensign of
the Santa Fe garrison and one who reconquered the coun-
try with Diego De Vargas, and that his father served in
the royal armies until 1747, when he lost his eye-sight;
that he also had served ten years; that he had asked for
the Chavezes and himself a piece of land in the Rio
Puerco country which had been refused by Don Tomas
Velez Cachupin, at the time governor. This governor, on
December 3, 1766, addressing himself to the petition which
Tafoya had filed says: "If these parties have not had
140 THE SPANISH AECHIVES OF NEW MEXICO
any land or grant whereon to pasture their animals, they
might have joined the new settlements of San Miguel de
Laredo and that of San Gabriel de las Nutrias . . .
But these parties doubtless experienced fear, as the said
places were on the frontier and as they lacked courage
for their establishment, and they have registered the tract
they mention because it is in the peaceful region of the
Navajo country. They may occupy the same while the
natives (Navajos) do not object." They were enjoined
to treat these "Apache Navajos" "with the greatest love
and kindness, to win them over and treat them well, so as
to keep them in amity with us, and so that in the course
of time, and showing them good examples and Christian
conduct, they may be brought to the holy Catholic faith. ' '
Captain Bartolome Fernandez says of the Navajos in
that section of the country: "Owing to their dread of
the Utes, the Apaches (Navajos) make their houses on the
highest and roughest parts of the Mesas."
457 GERONIMO LOPEZ.
Will, Santa Fe. No date. Phelipe Tafoya, Alcalde. Jo-
seph Armenta.
458 ISABEL LUJAN.
Will, Santa Fe, 1771. Manuel Garcia Pareja, Alcalde.
Antonio de Armenta.
459 JUANA DE OJEDA BENAVIDES to Francisco Lu-
jan. 1772.
Donation of a tract of land on the Tesuque river. Man-
uel Garcia Pareja, Alcalde. Joseph de Armenta.
460 ANTONIO JOSEPH LOPEZ and MATHIAS THE-
NOEIO DE ALBA vs. MIGUEL THENOEIO DE ALBA.
1772.
Question of lands at the Cienega. Don Pedro Fermin de
Mendinueta, Governor. Antonio Moreto, Mateo de Pen-
arredona.
461 MAEIANA DE LA PAZ to Joseph Manuel Lovato. San-
ta Fe, 1769.
Conveyance; house and lot. Phelipe Tafoya, Alcalde.
Joseph Miguel Tafoya.
THE SPANISH AECHIVES OF NEW MEXICO 141
462 ANTONIO DE LUNA. Intestate. 1786.
Proceedings in the matter of his estate. Don Juan Bau-
tista de Anza, Governor. Vicente Troncoso. Manuel de
Arteaga, Alcalde. Juan Francisco Baca, Juan Miguel Al-
bares del Castillo. Don Tomas Veles Cachupin, Governor.
Antonio Villegas Ruiz, Francisco Perez Serrano, Manuel de
Arteaga, Miguel Gabaldon, Cristobal de Larranaga, Man-
uel Antonio Lorenz, Bautista Montafio. Antonio Jose
Ortiz, Alcalde.
Bonifacio Jollanga (Joyanaga) to Domingo de Luna.
Alburquerque, 1747. A piece of land in the San Clements
Tract. Joseph Baca, Alcalde. Joseph Gallego, Isidro
Sanches,
Antonio Gallego, alias El Collate, to Domingo de Luna.
Land in the San Clemente Tract. 1748. Joseph Baca,
Alcalde. Isidro Sanchez, Manuel Carillo.
Bonifacio Jollanga (Joyanga) to Domingo de Luna.
1748. Land in the San Clemente Tract. 1748. Joseph
Baca, Alcalde. Isidro Sanches. Reported Claim No. 67,
q. v. Ana de Sandoval y Manzanares, or LOS LUNAS
Tract.
Domingo de Luna was lieutenant of the militia com-
pany at the town of Tome, in 1766. De Luna sold to
Don Pedro Martin Serrano all his right to what is known
as the Piedra Lumbre Tract. Governor Tomas Veles
Cachupin granted the tract to Serrano, he being a de-
scendant of the first settlers of the Province. It appears
in the granting papers that the Indians of the pueblo of
Abiquiu were requested to be present at the time pos-
session was given to Lieutenant Pedro Martin Serrano,
who was a lieutenant of militia of the district of Chama.
In the year 1716, Ana De Sandoval y Manzanares asked
for this tract, petitioning Governor Phelix Martinez to
that effect and stating that "when the Marquis de la Nava
Brazinas, whom may God keep in Glory, was governor and
captain-general of this province, brought us hither in the
year ninety-two for its settlement" he had promised to
give to each one of the "native citizens of this province
who might come to settle and pacify the same, the tracts
of land and fields, and stockraising ranches that we aban-
doned in the year eighty on account of the powerful in-
surrection." She was the widow of Bias de la Candela-
ria and asked for the place called ' ' San Clemente, which
I inherited from my father, deceased, Mateo de Sandoval
y Manzanares. ' '
142 THE SPANISH AECHIVES OF NEW MEXICO
The grant was made and she was placed in possession
by Don Antonio Gutierrez, chief alcalde and war-captain
of the Villa de Alburquerque, in the presence of Don An-
tonio de Chaves and Baltazar Romero; possession was
given actually to Felix de la Candelaria, son of his
mother, the petitioner; the land was bounded on the east
by the Rio del Norte, on the west by the Rio Puerco; on
the south by the house of Tome Dominguez, and on the
north by a ruin that is a little above the pueblo of San
Clemente.
Those who returned with De Vargas were required to
claim and occupy the possessions which had been aban-
doned in 1680 and to obtain from the government a rec-
ognition of the renewal of title before possession could
be given.
463 FEANCISCO VIGIL to Bernardo Lucero. 1793.
Land in Las Trampas Tract.
464 CAPTAIN DIEGO DE TORRES, BARTOLOME TRU-
JILLO, ANTONIO DE SALAZAR, MANUEL VAL-
ERIO, and MANUEL MARTIN, legal representatives
of Cristobal de Torres.
Petition relative to a tract of land of the estate of the said
Cristobal de Torres, in Chama. Incomplete.
465 FRAY JOSEPH MEDRANO to Maria Dolores and
Mariano, two children lie had raised.
Land in Alameda. Antonio de Armenta, Alcalde ; Benito
Lucero.
GERTRUDIS CASTELA, or Juana Gertrudis Castela vs. Mig-
uel Baca and Juan Antonio Baca. 1794-5. Question of
lands at Alameda. Nerio Antonio Montoya, Alcalde ; An-
tonio Jose Ortiz, Alcalde; Fernando Chacon, Governor;
Tomas Manuel Montoya ; Antonio de Armenta, Alcalde.
466 ANTONIO DE LUNA. 1811.
Question of land with Ventura Chaves. Papers incom-
plete. 1816. Further proceedings in the same matter.
Manrique, Governor; Allande, Governor; Jose Antonio
Chaves; Francisco Ortiz.
San Clemente Tract. Ana de Manzanares de Sandoval.
Reported Claim No. 67.
According to the first survey of the San Clemente
Grant, made in 1878, the grant contained more than 89,-
THE SPANISH ARCHIVES OP NEW MEXICO 143
000 acres. It was confirmed by the court of private
land claims and under another survey contained an area
of about 37,000 acres. The last survey adjoins on the
east the western boundary of the property commonly
called "Lo de Padilla," which is claimed by the Indians
of the pueblo of Isleta. The San Clemente was patented
November 15, 1909.
57 BERNARDO LUCERO vs. MAURILO BARGAS.
1820.
Question of land in Las Trampas de Taos. Facundo Mel-
gares, Governor; Marcos Garcia, Alcalde; Juan de Dios
Pena; Antonio Jose Ortiz, Alcalde.
FRANCISCO VIGIL to Bernardo Lucero. 1793. Land in
Rancho de Las Trampas. Testimonio certified by Juan
de Dios Pena, Alcalde.
BERNARDO LUCERO. 1820.
No. 467, q. v. No. 467 also for signatures of the members
of the Ayuntamiento de Taos, q. v.
>9 ANTONIO ANALLA and JOSE SANDOVAL to Juan
Jose Lujan. 1827.
Land in the Canon of the Santa Fe river granted to San-
tiago Ramirez. Juan Vigil, Alcalde; Luis Benavides;
Juan Diego Sena.
Santiago Ramirez was a brother of Jose Serafin Ramirez,
whose full name was Jose Serafin Ramirez y Casanova. He
was a native of Chihuahua.
470 JUAN LUCERO.
Will, Santa Fe, 1827. Joseph Maria Martinez, Alcalde.
Jose Vitervo Ortiz, Domingo Fernandez.
471 MARIA FRANCISCA LOVATO.
Will, Santa Fe, 1830. Jose Ignacio Ortiz, Alcalde. Ben-
tura Montoya, Victorino Padilla.
472 JOHN S. LANGHAM vs. the Ayuntamiento of Santa
Fe. 1837.
In regard to fencing the Cienega. Albino Perez, Gover-
nor. J. M. Alarid, Secretary. Juan Garcia, Alcalde.
473 ANTONIO LERUD (Antoine Leroux). 1844.
Grant. Land in Los Voiles de Santa Getrudis de lo de
Mora. Law of April 30, 1842. Articles 13 and 15, q. v.
144 THE SPANISH AECHIVES OF NEW MEXICO
Tomas Ortiz, Alcalde. Mauricio Duran, Miguel Antonio
Lobato.
Antoine Leroux was the grantee of a grant of that
name. All of the grant to the pueblo of Picuries is in-
cluded within the limits of this grant. There is no con-
flict with the survey of the Taos Pueblo Grant which lies
only a short distance to the east.
In 1905-1907 another survey was made and the new
survey makes a conflict with the Taos Grant while not in-
terfering with the Picuries.
474 CAEMEN LEYBA to Antonio Sena. Santa Fe, 1844.
House and' lot. Tomas Ortiz, Alcalde.
475 ANTONIO SANCHEZ, alias el Chopo vs. JULIAN
LUCEBO. 1844.
Question of lands in Rio Arriba county. Diego Lucero,
Juez de Paz, Jose Sanchez. Santiago Flores, Judge of 1st
Instance.
476 EOQUE MADEID.
Grant. 1693. Land at Pueblo Quemado, at or near
Santa Fe. Don Diego de Vargas Zapata Lujan Ponce de
Leon, Governor. (Seal.) Antonio Balverde Cossio, Sec-
retary.
Refers to a tract of land near Santa Fe, one of the
boundaries of which was the "Pueblo Quemado"; another
the "Ojo fresco."
The coat of arms of General De Vargas is stamped on
this archive.
477 DOMINGO MAETIN.
Grant. Santa Fe, 1695. Don Diego de Vargas Zapata
Lujan Ponce de Leon, Governor.
478 LUIS MAESE.
Grant. Santa Fe, 1695. Don Diego de Vargas Zapata
Lujan Ponce de Leon, Governor.
A tract of land in Santa Fe "el qual sitio esta en
Villa en el pueblo quemado, con solar de casa y huerta
media fanega de sembradura asta el arroio."
479 DOMINGO MAETIN and ANA LUJAN. Santa Ft
1705.
Compromise in the matter of a grant made to them
Governor de Vargas. Francisco Romero de Pedraza,
THE SPANISH AECHIVES OF NEW MEXICO 145
calde. Joseph de Atienza Alcala y Escobar. Joseph de
Contreras.
ALEXO MARTIN and his wife Maria de la Roche to
Jose Castellanos. Santa Fe, 1701.
House and land. Testimonio certified by Xptobal de Gon-
gora, Clerk of the Cabildo.
ANTONIO MONTOYA vs. SALVADOR MATHIAS
DE RIBERA.
Question of lands. Santa Fe, 1704. El Marques de la
Naba de Brazinas, Lorenzo de Madrid, Joseph Manuel Gil-
tomey, Antonio de Aguilera Isasi, Alphonso Rael de
Aguilar. Juan Paez Hurtado, Alcalde. Xpttobal de
Arellano, Antonio Lucero de Godoy, Xpttobal de Gon-
gora.
482 RAMON GARCIA JURADO to Captain Felix Mar-
tinez. Santa Fe, 1706.
House and land. Diego Arias de Quiros, Alcalde. Juan
de Ulibarri, Alphonsso Rael de Aguilar.
i 483 FELIX MARTINEZ to Diego de Bectia. Santa Fe,
1706.
House and land. Diego Arias de Quiros, Alcalde. An-
tonio Duran de Armijo, Xpttobal de Gongora.
ANA LUJAN. Santa Fe, 1700.
Re-validation of her grant. Pedro Rodriguez Cubero,
Governor. Domingo de la Barreda, Secretary. Ana Lu-
jan to Diego de Vectia, Santa Fe, 1701. House and land.
Testimonio. Certified to by Joseph Rodriguez, Alcalde.
Diego de Vectia to Francisco Rico. Santa Fe, 1703.
House and land. Lorenzo de Madrid, Alcalde. Xpttobal
de Gongora, Juan de Chabes.
Diego de Vectia to Martin Garcia, Santa Fe, 1702.
Land. Testimonio ; Certified by Joseph Rodriguez, Al-
calde. Martin Garcia. 1702. Conveys to Maria de la
Encarnacion. Francisco Rico to Captain Felix Martinez.
Santa Fe, 1705. House and land. Juan de Ulibarri, Al-
calde. Francisco Belarde, Matheo de la Peiia.
484 JOSEPHA LUJAN to Sebastian Martin, 1707.
Rancho above San Juan de los Caballeros. Granted to her
deceased husband by the Marques de la Naba Brazinas.
Alphonso Rael de Aguilar, Alcalde.
146 THE SPANISH AECHIVES OF NEW MEXICO
485 EOQUE MADRID vs. SYLVESTEE PACHECO.
Santa Fe, 1708.
No action taken. Rubric of the Marques de la Penuela.
486 EOQUE MADEID vs. SYLVESTEE PACHECO.
Santa Fe, 1708.
No final action. Joseph Chacon Medina Villasenor, Mar-
ques de la Penuela. Gaspar Gutierres de los Rios, Sec-
retary.
487 SILVESTEE PACHECO to Antonio Montoya. San-
ta Fe, 1708.-
Land about a league down the river (Rio Santa Fe).
Ignacio de Roibal, Alcalde. Alphonso Rael de Aguilar,
Francisco Ignacio Gomez Robledo.
Describes a tract of land about one league down the river
from Santa Fe and which extended from a cottonwood tree
to the Pueblo Quemado.
488 EOQUE MADEID vs. SYLVESTEE PACHECO.
Santa Fe, 1708.
Compromise. Ignacio de Roibal, Alcalde. Antonio Mon-
toya.
489 MAGDALENA DE OGAMA to Salvador Montoya. San-
ta Fe, 1711.
Land. Diego Arias de Quiros, Alcalde.
Describes a piece of land on the west side of the prin-
cipal plaza at Santa Fe, which land, on the north side, ad-
joined the main ditch which ran along the edge of this
fortress and castle.
490 FEANCISCO MAETIN vs. CEISTOVAL MAETIN,
1711-1712.
Question of lands in Rio Arriba. El Marques de la Pen-
uela, Miguel Thenorio de Alva, Manuel Ramon Ipalenzia,
Xpttobal de Gongora. Juan de Ulibarri, Alcalde. Juan
de Atienza, Jose Manuel Giltomey, Francisco Montes y
Vigil, Francisco de Rivera (Derrivera), Miguel de Dias
(Dios). Roque Madrid, Alcalde. Juan Paez Hurtado,
Teniente de Gobierno and Captain-General. Juan Ig-
nacio Flores Mogollon, Governor. Roque de Pintto, Sec-
retary of Government and War.
THE SPANISH AECHIVES OF NEW MEXICO 147
491 ANTONIA DE MORAGA vs. JUANA DE SOSA CANE-
LA. Santa Fe, 1713.
Question of a piece of land in the Cienega. Juan Ignacio
Flores Mogollon, Governor; Eoque de Pintto, Secretary;
Antonio Duran de Armijo ; Eoque Madrid ; Pedro Rodri-
guez Cubero, Governor; Juan Paez Hurtado, Alcalde;
Tomas Jiron de Texeda ; Xpttobal de Arellano ; Domingo
de la Barreda, Secretary.
Don Diego de Vargas Zapata Lujan Ponce de Leon,
Governor. Miguel de Quintana. Two signatures; differ-
ence in them ; q. v.
In the depositions of two witnesses reference is made to
the "church which is now (1713) being built in Santa Fe."
492 MATEO DE ORTEGA to Manuel Martin. Santa Fe,
1712.
Land at Chimayo. Manuel Albares Castrillon, Xpttobal
de Gongora, Diego Arias de Quiros, Alcalde.
493 GONZALO JOSEPH HOYO DE MENDOZA. Fran-
cisco Bueno de Bohorques. Alphonso Eael de Aguilar.
Registration of a mine in Rio Arriba. 1713. Don Juan
Ignacio Flores Mogollon, Governor.
494 CLEMENTE MONTOYA.
Will. Santa Cruz de la Canada.. 1753. Testimonio.
Certified by Juan Joseph Sandoval, Alcalde.
495 FRANCISCA DE MISQUIA.
Will. Santa Fe, 1714. Francisco Joseph Bueno de Bo-
horques, Alcalde. Miguel de Sandobal Martinez, Juan
Manuel Chirinos.
496 ANTONIA DE MOEAGA vs. XPTTOBAL and FRAN-
CISCO MAKTIN.
Question of boundaries of land at Chimayo. Ignacio de
Eoybal, Alcalde; Francisco de Eibera; Francisco de la
Mora; Mogollon, Governor.
497 FRANCISCO DE ANAYA ALMAZAN.
Grant, 1693. Eeported Claim No. 115, q. v.
498 ANTONIO GODINES to Pedro Montes de Oca.
House and lot. Francisco Joseph Bueno de Bohorques,
148 THE SPANISH AECHIVES OP NEW MEXICO
Alcalde; Juan de la Mora Pineda; Diego Marques de
Ayala.
Description of a house on the main street of Santa Fe as
follows : "En la, Calle Real que ba de la plaza a la Yglesia
nueba q se esta fabricando."
499 FEANCISCO MONTES T VIGIL and wife to Maria
Vigil, et al, 1715.
Donation of cattle. Alphonso Rael de Aguilar, Antonio
Duran de Armijo, Juan de la Mora Pineda.
The /translation appearing below appeared first in the
Land of Sunshine, vol. viii, no. 3, February, 1898, at the
time edited by Dr. Charles F. Lummis:
"Letter from Fr. Antonio Duran de Armijo
1 ' Sir Governor and Captain General My Lord :
' ' I report to your Lordship how this day and date seven
Cumanches entered this Pueblo; among them the Cap-
tain Panfilo. They tell me they have come in quest of
tobacco; that their village is composed of a hundred
lodges, pitched on the Jicarilla river, where they are
tanning (buffalo) hides, so as to come in and barter as
soon as the snow shall decrease in the mountains. This
is what they tell me. There is nothing else to report to
your Lordship, whom our Lord Preserve for many years.
Taos, Feb. 27, 1748. I kiss the hand of Your Lordship.
Your humble servant. ANTONIO DURAN DE ARMIJO.
"Since the above was written one Cumanche of the
seven who have come, has related to me in the house of
Alonzito that 33 Frenchmen have come to their village
and sold them plenty of muskets in exchange for mules;
that as soon as this trade was made, the Frenchmen de-
parted for their own country, and that only two remain
in the village to come in with the Cumanches when they
come hither to barter."
"Opinion of the Governor
"Most Excellent Sir: By the testimony subjoined,
which is from the original letter containing it, which the
sovereignty of your excellency will please to see, it ap-
pears that forty leagues distant, more or less, (according
to some settlers) from the Pueblo of San Geronimo de
Taos, there are pitched a hundred lodges of the hostile
Gentiles, of the Cumanche nation; and that seven of
these Indians arrived at the above mentioned Pueblo
(Taos) with the news that 33 Frenchmen were, some days
before, on the said Jicarilla river, where are the aforesaid
THE SPANISH ARCHIVES OF NEW MEXICO 149
one hundred lodges; which Frenchmen sold to the afore-
said Cumanches plenty of muskets in exchange for mules.
And soon as this barter was effected, said Frenchmen de-
parted for their own country, only two of them remain-
ing in the village of the Cumanches to come in with them
to trade in the Pueblo of Taos; as these hostile savages
have done on other occasions. And since it is to be feared
that if these Frenchmen insinuate themselves into this
Kingdom they may cause some uprising as was at-
tempted by a Frenchman named Luis Maria, who with
eight of his own nation entered this Kingdom in the
former year of 1742, coming by the same route of the
Jicarilla to the Pueblo of Taos and for it was shot in the
public square in this Capitol town of Santa Fe, in virtue
of sentence by the superior government of this New Spain ;
and in the said year, seven of these nine Frenchmen re-
turned to their country by a different route from that by
which they came here; and it is very natural that, re-
maining several months in this Kingdom, they should
learn the 'lay of the land' and its circumstances. One
of them, named Juan de Alari, has remained in this said
town, is married and has children, comporting himself
honorably as a man of substance.
"Likewise I give account to Your Excellency that in
the month of June, of the year 1744, a Frenchman by the
name of Santiago Velo, penetrated this Kingdom and ar-
rived at the Pueblo of Our Lady of the Porciuncula of
Pecos. As soon as I received the news, I despatched the
sargent and two soldiers to bring him to me in this Town
(Santa Fe), where I took his declaration. And without
the knowledge of any person I forwarded that declaration
To The Most Excellent Sir Count of Fuenclara, your excel-
lency's predecessor (as viceroy of Mexico) along with the
judicial procedures duly had thereon. Of this French-
man's whereabouts I have had no further information,
save what was given me by the Captain of the Eoyal Gar-
rison at El Paso, on the Bio del Norte (Rio Grande),
whose receipt I hold, acknowledging have sent him to the
Governor of New Biscay.
"Most Excellent Sir: By the zeal which assists me in
the service of their Majesties (the King and Queen of.
Spain) and for the tranquility, peace and well being
of the poor dwellers in this said Kingdom (let me say).
Noting that it is wholly surrounded by various nations
of hostile savages, who harrass it; and particularly how
numerous and warlike are the Cumanches, whose regular
150 THE SPANISH AECHIVES OF NEW MEXICO
entrances to this Kingdom are by way of the Jicarilla
river and that on these two occasions the French have
likewise penetrated by the same route, this last time join-
ing the Gentile Cumanches on the aforesaid Jicarilla
river there is reason to fear some conspiracy. This
would be irreparable, by the slight military forces that
are in this said Kingdom for its defense. Particularly
as the said Gentile Cumanches now find themselves with
fire-arms, which the French have sold them, as hereinbe-
fore ^et forth. I remind your Excellencies high compre-
hension that in the by-gone year, 1720, when Don An-
tonio Valverde was governor of this Kingdom he ordered,
under superior mandate of his Lordship, the then viceroy
of this New Spain, that a force of soldiers, settlers and
Indians should go to reconnoitre where the French were
located. But the French ambushed our said force and
killed more than thirty of them, soldiers, settlers and In-
dians, besides wounding several who reached this said
town. For which reason, and many others which I omit,
that I may not weary your Excellency 's attention, I deem
it very fitting and necessary that your Excellency 's great-
ness order the establishment of a garrison with the en-
dowment of fifty mounted soldiers, including captain and
subaltern officers at a point called the Jicarilla, distant
from the said Pueblo of Taos twenty leagues. This loca-
tion is very convenient, as to lands, water, pasturage and
timber. Here were located, in times past, the Indians of
the Jicarilla nation (a branch of the Apaches), who were
numerous and had houses, palisade huts and other shel-
ters. Thence the Gentile Cumanches despoiled them, kill-
ing most of them ; the few that remained of said Jicarillas
have sheltered and maintained themselves in peace nearby
the Pueblos of Taos and Pecos, with their families. Said
site of the Jicarilla is the pass (or defile) ; literally
'throat' (for shutting of the aforesaid populous nation of
Cumanches and the French, if they tried to make any
entrance to this said Kingdom.
"Furthermore, I notify your Excellency of the hap-
penings in the Pueblo of Our Lady of the Porciuncula
of Pecos, on the twenty-first of January last past. Which
whole affair is established by the accompanying deposi-
tion of the Rev. Fr. Lorenzo Antonio Estremera, an eye-
witness of it all, which I forward. In view of which,
your Excellency will please approve the action taken by
me in said engagement, or give such orders as shall be in
THE SPANISH ARCHIVES OF NEW MEXICO 151
your Excellency's pleasure. This is how it has seemed to
me; especially, as I have said, to represent to your Ex-
cellency its expediency. This is my duty, that the sover-
eign will of your Excellency may determine with your
great equity, as shall seem best to you, which will be, as
always, the best way.
"Villa de Santa Fe, New Mexico, March 4, 1748.
"DON JOAQUIN CODALLOS Y RABAL,"
This copy agrees with the original deposition, letter and
opinion which I, the Colonel Don Joaquin Codallos y
Rabal, governor and captain-general of this kingdom of
New Mexico, have forwarded to the superior government
of this New Spain. The witnesses who saw it drawn,
corrected and compared were Sebastian de Apodaca,
Lucas Miguel de Moia, and Domingo Valdez; and that it
be certain, I have signed it in this Villa de Santa Fe,
March 6th, 1748 ; acting as actuary with the witnesses of
my staff, for want of a notary public or royal notary
whereof there is not one in this kingdom. I pledge my
faith.
In witness of the truth I have signed it with my ac-
customed signature. JOAQUIN CODALLOS Y RABAL
Witness FELIPE JACOBO UNANUE
Witness MIGUEL DE ALIKE
500 ANTONIO MONTOYA.
Petition for lands between Santo Domingo and San
Felipe. 1716. No final action.
Captain Felix Martinez, Governor. Joseph de Quin-
tana.
Petition by Antonio Montoya for lands which were the
surplusage of the lands of the pueblos of Santo Do-
mingo and San Felipe, "on the other side of the Rio del
Norte."
This petition was presented, on March 18, 1716, to
Governor Felix Martinez, who ordered Manuel Baca, chief
alcalde of the pueblos of San Felipe, Santo Domingo, and
Cochiti, to examine the lands asked for, to inform the In-
dians of San Felipe and Santo Domingo in regard to the
petition made by Montoya, and to report what they had
to say about the matter.
The alcalde reported that the Indians said that they
wanted their league measured so that they might know
what belonged to them. Here the proceeding ends ab-
ruptly.
152 THE SPANISH ARCHIVES OF NEW MEXICO
501 FRANCISCO MARTIN.
Grant. 1716. Land at Ckimayo. Xptobal Martin and
Felipe Moraga, q. v. Pedro Rodriguez Cubero, Governor ;
Alonsso Barela ; Don Juan Ignacio Flores Mogollon, Gov-
ernor; Francisco Ribera; Sebastian Martin; Roque
Madrid; Pedro de Morales, Secretary; Miguel de Quin-
tana; Joseph Manuel Giltomey; Xtobal Torres; Salvador
Martinez.
502 LORENZO MADRID.
Will, Santa Fe, 1716. Juan Garsia de la Riva, Alcalde;
Manuel Chirinos.
503 ANTONIO MARTINEZ.
Grant. 1716. Reported Claim No. 116, q. v.
504 XPTOBAL MARTIN vs. FRANCISCO MARTIN,
1717.
Land at Chimayo. Felipe Moraga, q. v. Juan Paez Hur-
tado, Captain-General ; Juan Garsia de la Rivas, Alcalde ;
Miguel Thenorio de Alba, Sec. ; Juan de Atiensa ; Fran-
cisco de la Mora.
505 JUANA DE ARGUELLO to Josepha Martin. Santa
Fe, 1718.
Donation of land. Francisco Bueno de Bohorques y Cor-
cuera, Alcalde.
506 DIEGO ARIAS DE QUIROS to Francisco de Mestas,
1720.
Donation of land in Cuyamungue. Francisco Joseph
Bueno de Bohorquez y Corcuera, Alcalde.
507 ANTONIO MARTIN.
Land at Alburquerque. Possession not given. Don Juan
Domingo de Bustamante, Governor. Manuel de Cruciaga,
Secretary.
508 JOSEPH DE QUINTANA, with consent of Josepha Se-
dano, to Juan Lorenzo de Medina. Santa Fe, 1722.
Land. Francisco Bueno Bohorques y Corcuera, Alcalde.
Tomas Xiron de Tegeda ; Joseph de Quintana.
JOSEPH SEDANO. Santa Fe, 1721. Protest against above
conveyance. Francisco Bueno de Bohorques y Corcuera,
Alcalde. Juan Manuel Chirinos.
THE SPANISH ARCHIVES OP NEW MEXICO 153
509 MIGUEL MAETIN and JOSEPH DE ATIENZA.
Compromise as to boundaries of lands in the Canada de
Santa Cruz. 1722. Alphonso Rael de Aguilar; Miguel
de Quintana.
510 DIMAS XIKON DE TEXEDA and Maria Domingues,
his wife, to Sebastian Martin. 1723.
A tract of land in the jurisdiction of Taos. Francisco
Bueno de Bohorquez y Corcuera, Alcalde. Juan Rael de
Aguilar; Juan Joseph Moreno.
ill ANDRES MONTOYA to Josepha Montoya. Santa
Fe, 1725.
Donation of land. Miguel Joseph de la Bega y Coca,
Alcalde. Juan Joseph Lobato; Juan Manuel Chirinos.
512 SALVADOR MONTOYA.
Will. Santa Fe. 1727. Diego Arias de Quiros, Alcalde.
Juan Manuel Chirinos; Miguel de Sandobal.
513 DIEGO MARQUES.
Will. Villa Nueva de Santa Cruz. 1729.
Joseph Miguel Marques de Ayala ; Dimas Giron de Tege-
da ; Juan Domingo de Bustamante, Governor ; Fray Man-
uel de Sopefia ; Antonio de Gruciaga.
514 MARIA DE MOYA to Getrudis Montes y Vigil, Santa
Fe, 1729.
House and land. Diego Arias de Quiros, Alcalde. Juan
Manuel Chirinos.
515 CRISTOBAL MARTIN vs. FRANCISCO MARTIN.
1731.
Question of boundaries of land at Santa Cruz. Felipe
Moraga, q. v. Gervasio Cruzat y Gongora, Governor.
Miguel de Quintana; Juan Antonio de Vnuane.
516 JUANA DE ANALLA to Jose Montano. Alburquer-
que, 1731.
Land. Juan Gonzales Bas, Alcalde. Joseph de Quintana.
517 JOSEPH FRANCISCO MONTOYA vs. BALTAZAR
ROMERO. 1733.
Question of a tract of land at Pajarito. His grandfather,
Miguel Garcia de la Ribas, registered the Pajarito Tract.
154 THE SPANISH AECHIVES OF NEW MEXICO
Gervasio Cruzat y Gongora, Governor. Juan Antonio de
Vnanue; Isidro Sanehes; Gaspar Bitton; Juan Gonzales
Bas, Alcalde; Pedro de Chabes, Alcalde.
518 GEEONIMO and IGNACIO MAETIN, Juan de Gam-
boa and Pascual and Tomas de Manzanares, all of
Chama.
Grant. Land above Abiquiu. Juan Paez Hurtado, Act-
ing Governor. 1735. Diego de Vgartte.
This grant was revoked by Gervasio Cruzat y Gongora,
Governor.
519 JACINTO MAETIN and JOSEPH GAECIA.
Grant. 1735. Land in a place called Cieneguilla in the
county of Taos. Juan Paez Hurtado, Acting Governor.
Revoked by Governor Cruzat y Gongora.
520 VENTUEA DE MESTAS vs. Antonio de Beitia. 1736.
Question of lands at the mouth of the Ojo Caliente. Ger-
vasio Cruzat y Gongora, Governor. Gaspar Bitton.
It appears that Antonio Martin also had a grant at this
place.
On the first page we find "Por la parte del sur con el
paso del rrio que llaman el bado. ' * Shows that the use of
the word "paso" is identical with that used in the name of
the city of El Paso del Rio del Norte, meaning "ford" or
' * crossing. ' '
521 EEPOET on the condition of the property of Felix Mar-
tinez, Governor, deceased. Antonio Montoya, Alcalde.
Item No. 1105, q. v.
522 DIEGO AEIAS DE QUIEOS to Francisco Xavier de
Mestas.
Donation of land in Cuyamungue. 1738. Antonio Mon-
toya, Alcalde. Joseph de Riano.
523 CEISTOBAL MAETIN vs. Francisco Martin. 1738.
Question of lands. No. 515, q. v. Henrique de Olavide y
Michelena, Governor. Pedro Joseph de Leon; Gervasio
Cruzat y Gongora, Governor ; Balthazar Montoya ; Miguel
de Quintana.
524 GEEONIMO MAETIN. 1739.
Revocation of grant made to him at Villa Nueva de Santa
THE SPANISH AKCHIVES OF NEW MEXICO 155
Cruz by Juan Paez Hurtado, Acting Governor. Revoca-
tion by Cruzat y Gongora, Governor.
In his paper the governor says: "por quanta mande
recojer por siertos motives que para ello tube, las mer-
sedes de tierras que dio el Theniente General Don Juan
Paez Hurtado, en el tiempo que yo estava hasiendo la
visit a," etc.
25 ANTONIA DOMINGUEZ MENDOZA to Maria Mada-
lena Medina. 1740.
Land in Santa Fe. Antonio Montoya, Alcalde. Baltazar
Montoya.
526 ANDRfiS MONTOYA. Cieneguilla. 1740.
Will. Juan Paez Hurtado, Alcalde. Joseph Miguel de la
Pefia ; Gregorio Garduno j Juan Orttis.
527 CATAEINA MAESE.
Grant. 1742. Land on the other side of the Santa Fe
river. Gaspar Domingo de Mendoza, Governor. Gre-
gorio Garduno.
528 ANTONIO MONTOYA. Villa Nueva de Santa Cruz.
Will. 1749. Juan Joseph Sandoval, Alcalde. Salbador
Barela.
With this also are:
Bartolome Lovato. Petition. 1703. Claim for an
Apache woman from Captain Xptobal de Arellano.
El Marques de la Naba Brazinas, Governor.
529 JACINTO MAETIN Juan Francisco Martin.
Phelipe Bustamante Antonio Martin
Relative to the settlement of lands near the pueblo of the
Picuries. 1744. Joachin Codallos y Rabal, Governor.
530 MARGABITA MARTIN. Villa Nueva de Santa Cruz.
1744.
Inventory and partition of her estate.
Joachin Codallos y Rabal, Governor. Francisco de Roa y
Carrillo; Juan Garcia de la Mora; Joseph Antonio de la
Thorre ; Carlos Fernandez ; Francisco Ortiz, Alcalde ; Juan
Joseph Pacheco ; Francisco Orttiz, Alcalde.
531 FRAY JUAN MIGUEL MENCHERO. 1748.
Petition relating to confiscated property of criminal In-
dians. Joachin Codallos y Rabal, Governor.
156 THE SPANISH AECHIVES OF NEW MEXICO
Petition by Father Juan Miguel Menchero, asking that
certain property, which had been confiscated from persons
guilty of various crimes, should be turned over to him
(after the payment of the necessary fees incident to the
legal proceedings), to be applied to the reestablishment of
the then deserted pueblo of Sandia.
Governor Codallos y Rabal on April 19, 1748, decided
that he did not have authority to grant the petition, but ad-
vised the priest to apply to the viceroy, to whom the decision
of .the disposition of the confiscated property belonged.
The only important thing in the document is that the
pueblo of Sandia had been deserted, and was then being
reestablished, with a view to gathering together the Mo-
qui Indians, who were scattered about among the different
pueblos of the kingdom.
In this it appears that the pueblo of Sandia had been de-
serted and in (1748) was being reestablished. It also
shows that certain property of the Indians of Cochitf,
Tesuque, and San Juan had been confiscated because the
owners had been guilty of lese majeste and other crimes.
532 SALVADOE MAETINEZ. 1748. Petition.
Complains of having been dispossessed of his property,
houses and lands, at the "Vega of Sandia," by the priests.
Joachin Codallos y Rabal, Governor. Fray Juan Miguel
de Menchero; Phelipe Jacobo Vnanue; Miguel de Alire;
Fray Joseph Juan Hernandez.
Petition of Salvador Martinez to have restored to him
certain lands, houses, etc., which he alleged had been given
to the Indians who were brought from Moqui to Sandia
in 1742, by the friars Carlos Delgado and Pedro Pino.
The petition was denied by Governor Codallos on July
13, 1748, apparently for the reason that the petitioner had
not made any protest at the time he alleged his property
was given to the Indians, and also because he had suffered
no real injury, having more desirable property elsewhere.
This indicates that the Indians were brought from Moqui
to the neighborhood of the deserted pueblo of Sandia in
1742 under the direction of the frayles, Carlos Delgado
and Pedro Pino; also shows that this region was exposed
to raids from the Faraon Apaches.
533 VENTUEA DE MESTAS, Villa Nueva de Santa Cruz.
1748. Vs. Juan Antonio Lujan, Manuela Beytia and
Salvador de Torres.
Joachin Codallos y Rabal, Governor. Juan de Beytia, Al-
!
THE SPANISH AECHIVES OF NEW MEXICO 157
calde. Vincente Ginzo Ron y Thobar; Joseph Homo de
Vera; Antonio de Armenta; Leonardo de la Cruz; Fran-
cisco Gomez del Castillo.
534 ANTONIO MARTIN. Chimayo. 1748.
Question of lands with Martin Fernandez, "vecino de tan
sumamente mal corazon. Joachin Codallos y Rabal, Gov-
ernor. Vincente Ginzo Ron y Thobar; Juan de Beytia,
Alcalde; Martin Balerio; Francisco Gomez del Castillo.
535 LORENZO MARTIN, of El Paso del Norte, to Fran-
cisco Martin, 1749.
Land in Chimayo. Juan Joseph Sandoval, Alcalde. Mar-
tin Valerio.
536 ROSA MARTINA FERNANDEZ. Villa Nueva de
Santa Cruz. 1750.
Will. Juan Joseph Sandoval, Alcalde. Salvador Varela;
Alonzo Sandoval.
537 ANTONIO DE SALAZAR to Pedro Martin. 1750.
House and land in "Corral de Piedra." Juan Joseph
Lobato, Procurador General. Juan Joseph Jaques; Juan
Domingo Lovato.
538 MANUEL DE LA ROSA to Pedro Martin. 1751.
Land in Abiquiu. Juan Joseph Lovato, Procurador Gen-
eral. Juan Domingo Lovato ; Juan Trujillo.
539 MANUEL BACA to Josefa Montoya. 1751.
Land in "Canada de Guicu. ques el lindero un alamo
grande de o gare donda y por lo que mira de norte a sur
lo que resa la merced o venta real del Puesto de la Ciene-
guilla." Manuel Gallegos, Alcalde. Pedro Tafoya.
540 ANTONIO MARTIN vs. Martin Valerio. Chimayo.
1751.
Question of boundaries. Juan Joseph Lobato, Alcalde.
Juan Andres de Avalos.
541 CRISTOBAL AMESTAS (Mestas) for himself and his
father, Mateo Mestas, and his brothers vs. Ventura de
Mestas. Jurisdiction de la Canada. 1752.
Question of lands. Tomas Veles Cachupin, Governor.
Nicolas de Orttiz.
158 THE SPANISH AECHIVES OF NEW MEXICO
542 CASILDA DE MESTAS and JUAN PEDRO SIS-
neros to Ventura de Mestas. 1754.
"Una parte considerable de tierra" on the Chama river,
above the Rio del Oso. Juan Joseph Lovato, Alcalde.
Juan Domingo Lovato ; Francisco Baldes y Bustos.
543 CRISTOBAL MARTIN to Marcos Martin. Villa Nu-
eva de Santa Cruz. 1753.
Land. Juan Joseph Lovato, Alcalde. Miguel Salazar.
544 MARIA DE HERRERA to Manuel Dias del Castillo
(alias Mora). Santa Cruz del Ojo Caliente. 1753.
Lands. Juan Joseph Lobato, Alcalde. Jose Martin.
545 BARTOLOME TRUGILLO to Manuel Martin. Abi-
quiu. 1753.
Land. Juan Joseph Lovato, Alcalde. Antonio Martin.
546 MIGUEL MARTIN SERRANO. San Antonio. Rio
Arriba County(f).
Will. 1752. Hilario Archuleta, Alcalde. Francisco Go-
mez del Castillo ; Juan Gomez del Castillo.
547 DOMINGO DE HERRERA and Gertrude Xaramillo, his
wife, to Joseph de Medina. Villa Nueva de Santa Cruz.
1753.
Juan Joseph Lovato, Alcalde. Antonio Martin.
548 GREGORIO LOBATO to Bartolome Marquez. 1754.
Land in Santa Fe. Nicolas Orttiz, Alcalde. Juan An-
tonio Ortiz.
549 JOSEPH and JUAN HURTADO to Diego Marquez.
1754.
House and land in Santa Fe. Nicolas Orttiz, Alcalde
Joseph Maldonado.
550 JOSEPH RINCON to Bartolome Marques. Santa Ft
1755.
Land on the other side of the Rio Santa Fe.
FRANCISCO RAEL DE AGUILAB to the same. Same dat(
Land adjoining the above. Francisco Guerrero, Alcalde.
Manuel Vigil; Estevan Rodriguez.
THE SPANISH AECHIVES OF NEW MEXICO 159
IGNACIO DE EOYBAL to Juan Miiion. Santa Fe.
1755.
Donation. Land. Testimonio. Certified by Francisco
Guerrero, Alcalde. Antonio Guerrero; Manuel Vigil.
>2 JUAN JOSEPH MORENO.
Will. Santa Fe. 1756. Francisco Marin del Valle, Gov-
ernor. Miguel de Alire ; Francisco Xavier Fragoso.
The preamble of this instrument is very interesting.
553 BARTOLOMS FERNANDEZ to Isidro Martin. Santa
Fe. 1757.
Land. Francisco Guerrero, Alcalde. Manuel Bernardo
Garvisu; Phelipe Sandoval Fernandez.
554 JUAN FRANCISCO MOYA to Lucas Moya. Santa Fe.
1758.
House and land. Francisco Guerrero, Alcalde. Manuel
Bernardo Garvisu; Antonio Guerrero.
555 ANTONIO MONTOYA to Urbano Montoya. Santa Fe.
1759.
Lands at a place called Los Palacios. Francisco Guerrero,
Alcalde.
556 CRISTOBAL MARTIN to Jose Maldonado. Santa Fe.
1761.
House and land on the other side of the Rio Santa .Fe.
Francisco Guerrero, Alcalde. Jose Miguel de la Pena;
Lucas Moya.
557 JOAQUIN MESTAS.
Petition to be permitted to remain for a certain time on
land occupied by him at Lagunitas del Rio Puerco. 1762.
Tomas Veles Cachupin, Governor. Reported Claims Nos.
97 and 101, q. v.
At Santa Teresa de Jesus, Feb. 8, 1768, Captain Bar-
tolome Fernandez, chief alcalde, placed Joaquin Mestas in
possession of a tract of land, under a grant from Governor
Mendinueta, upon which no Apaches were living, in the
presence of Miguel and Santiago Montoya; the Chaco
Mesa was the western boundary; in measuring this land
the alcalde used a "cordel, one hundred Castillian varas
long." The grantees were cautioned by the governor to
occasion no injury to the "Apaches of the Navajo coun-
160 THE SPANISH ARCHIVES OF NEW MEXICO
try," and to treat them with "love, fidelity and kindness,
endeavouring earnestly to bring them to the pale of our
mother, the church," with the penalty that if such treat-
ment was not given the Indians the grant would be for-
feited. Mestas recites that he had a former grant from
Governor Marin del Valle, upon the Rio Puerco, and had
been dispossessed by Governor Cachupin who gave the
property to Captain Antonio Baca.
558 SEBASTIAN MAETIN vs. Manuel Martin. Villa
Nuev'a de Santa Cruz. 1763.
Question as to the validity of donation of lands. Juan
Paez Hurtado, Governor; Tomas Veles Cachupin, Gov-
ernor; Antonio de Beitia, Juez Commissionado ; Carlos
Fernandez; Manuel Antonio Lorenz; Joseph Garcia de
Mora; Matheo de Penarredonda.
559 GETEUDIS MAETIN. Intestate. Santa Cruz de la
Canada. 1763.
Inventory and partition of her estate. Cristobal Madrid,
son of the deceased; Juan Sanches; Francisco Antonio
Zisneros; Carlos Fernandez, Alcalde Mayor.
560 XPTOBAL MADEID. Santa Fe. 1765.
Will. Tomas Madrid, Lieutenant. Francisco Esquibel,
Alferez.
561 GEEONIMO MAETIN to Jose Martin. Abiquiu.
1764.
Rancho ; boundaries : Par el oriente con el lindero de los
Indios : Por el sur, donde rezare la merced de dicko sitio;
por el poniente la orilla del estero en lo que mira a labor;
el bordo del estero con la mojonera de Marcelino, y el
camino a libre al pie del cerrito, que esta al sur para en-
trar y sali el bosque pleyto de los Frijoles y la casa de
Marcelino por la derecera de la punta de la Mesa Alta;
al poniente; por el norte el Rio de Chama; sold for $1,668.
Manuel Garcia Pareja, Alcalde. Lorenzo Baldes; San-
tiago Martin.
562 JOSEPH BACA to Joaquin Mestas. San Pedro de
Chama. 1784.
House and lands. Manuel Garcia Pareja, Alcalde. Jo-
seph Lujan.
DON BALTAZAR DE ZUNIGA, MARQUES DE VALERO
Duke of Arion, Viceroy of Mexico, 1716-22
THE SPANISH ARCHIVES OF NEW MEXICO 161
[.63 MIGUEL DE HERRERA to Simon Martin. Villa Nueva
de Santa Cruz. 1784.
House and land. Manuel Garcia Pareja, Alcalde. Jo-
seph Lujan.
MATEO MESTAS.
Will. Santa Cruz de la Canada. 1764. Joseph Esquibel,
Alcalde. Luis Cano Saenz.
FRANCISCO MARTIN.
Will. San Antonio del Embudo. 1784. Francisco An-
tonio Zisneros, Alcalde. Cristobal Lorenzo Lobato; Julian
Martin.
>6 JUAN ANTONIO FRESQUIS to ANTONIO MAR-
TIN. San Antonio del Embudo. 1765.
Land on El Rio del Norte. Manuel Garcia Pareja, Al-
calde. Manuel Zamora.
567 NICOLAS MARES.
Will. Santa Fe. 1766. Thomas Madrid, Teniente. Juan
Cayetano Nvuane.
568 JUAN PABLO MARTIN.
Grant. Polvadera, Rio Arriba county. 1766. Reported
Claim No. 131, q. v.
569 JOSEPHA MONTOYA.
Will. 1766. Santa Fe. Francisco Guerrero, Alcalde.
Francisco Xavier Fragoso; Juan Francisco Nino Ladron
de Guebara.
570 QUITERIA PACHECO to Antonio Madrid. Santa Fe.
1766.
Francisco Guerrero, Alcalde. Ignacio Xaramillo; San-
tiago Frnz (Fernandez).
571 MIGUEL and SANTIAGO MONTOYA vs. Juan Pablo
Martin. 1766.
In the matter of the Polvadera Tract. Tomas Veles Ca-
chupin, Governor; Joseph Maldonado; Gaspar Domingo
de Mendoza, Governor; Pedro Martin Serrano; Lucas
Manuel de Alcala ; Joseph Miguel de la Pena ; Carlos Fer-
nandez; Joseph Terms ; Antonio de Herrera; Phelipe
162 THE SPANISH AECHIVES OF NEW MEXICO
Tafoya, Procurador; Juan Antonio Ortiz; Domingo La-
badia.
In the year 1767, Miguel and Santiago Montoya were
residents of Alburquerque ; they were grandsons of the
great Captain Antonio Montoya, who came with De Var-
gas, who, with his two sons, Miguel Montoya and Juan
Manuel Montoya, lived at Santa Rosa de Abiquiu until
the place was abandoned. On the lands of the elder
Montoyas, at Abiquiu, Governor Tomas Veles Cachupin
founded the pueblo of Santo Tomas de Abiquiu, and
promised Miguel Montoya, father of Miguel Montoya, to
give him in lieu thereof a tract of land in some other part
of the province; this he did not do, and the son, Miguel,
and his cousin, Santiago, "finding themselves with the
large families of their widowed mothers on hand," re-
siding at Atrisco (near Alburquerque), asked for a tract
of land on the Rio Puerco. This tract was denied them,
as it was already occupied by Antonio Baca and Salvador
Jaramillo; in the month of October, 1766, Governor Ca-
chupin "in lieu of the ranch they refer to at Abiquiu,
where the Indian mission of Santo Tomas was established
and settled, the same having been found uninhabited,"
granted the Montoyas a tract on the Rio Puerco, ' ' bounded
on the south by lands of Jose Garcia, on the north the
place where Joaquin Mestas is located, on the east the
Rio Puerco and on the west the brow of a hill." Posses-
sion was given in the presence of the Indians of the
pueblo of Zia (adjoining owners). The testimonios were
deposited in the archives February 14, 1767, approved
by the governor.
572 JUAN FRANCISCO MAETIN.
Will. Fragment. 1787. Manuel Garcia Pareja, Alcalde.
Antonio Joseph Lovato.
573 JUAN BAUTISTA MONTANO.
Petition. San Fernando del Eio Puerco. 1767. Asking
for lands "sobras" of Antonio Baca and Salvador Xara-
millo. Not granted. Don Pedro Fermin de Mendinueta,
Governor. Antonio Moreto ; Mateo de Pefiarredonda ; An-
tonio Baca. File No. 105, office of S. G., q. v.
574 FELIPE DE SANDOVAL to Antonio Nerio Montoya.
1767.
Reported Claim No. 118, q. v.
THE SPANISH AECHIVES OF NEW MEXICO 163
575 LUCAS DE MOYA to Manuel Moya. Santa Fe. 1767.
Land down the river.
576 SANTIAGO and MIGUEL MONTOYA.
Grant. 1767. Reported Claim No. 100, q. v.
177 VICENTE DE SENA to Joseph Maldonado. Santa Fe.
1767.
Land at Buena Vista. Francisco Guerrero, Alcalde. An-
tonio Dominguez.
>78 JUANA DE OJEDA and JUAN DE BENAVIDES to
Vicente Martinez, Santa Fe, 1767.
House and lands. Francisco Guerrero, Alcalde. Fran-
cisco Xavier Fragoso.
)79 MEMOBIA del Soldado, Cristobal Madrid, "donde de-
clara los bienes que tiene por liallarse para dar quenta
al criador."
Thomas Madrid, Teniente; Phelipe Sandoval; Miguel Te-
norio; Diego Antonio de la Pefia.
580 JUANA TERESA, JULIANA and JUANA GETBU-
DIS FLOBES to Bartolome Marques. Santa Fe. 1767.
Lands. Francisco Guerrero, Alcalde. Nicolas Ortiz.
581 JOAQUIN MESTAS. 1788.
Grant. Reported Claim No. 97, q. v.
582 BEBNABDO DE MIEBA Y PACHECO and Pedro Pa-
dilla.
Grant. 1768. Reported Claim No. 98, q. v.
583 NEBIO ANTONIO MONTOYA.
Grant. 1768. Reported Claim No. 11, q. v.
584 PAULIN MONTOYA and Five others.
Grant. 1768. File No. 185, q. v.
585 MATEO GUTIEBBEZ to Tomas Madrid. Santa Fe.
1768.
House and land. Phelipe Tafoya, Alcalde. Juan Miguel
Tafoya; Joachin Lain.
164 THE SPANISH AECHIVES OF NEW MEXICO
586 BERNARDINO DE SENA MAESE to Joseph Maese.
1768.
House and lands. Phelipe Taf oya ; Anacleto Miera ; Joa-
chin Lain.
587 MARIA MARTIN. Will. Santa Fe, 1768.
Phelipe Taf oya, Alcalde; Lucas Moya; Santiago Fernan-
dez; Manuel Fernandez.
588 JUAN DE ATENCIO to Manuel Manzanares. San Pe-
dro de Chama. 1769.
House and lot. Antonio Joseph Ortiz, Alcalde. Juan
Domingo Lobato; Joseph Garcia de la Mora.
589 ANDRES MANZANARES to Manuel Manzanares.
Pojoaque. 1769.
House and lot in Chama. Antonio Joseph Ortiz, Alcalde.
Manuel de Arteaga.
590 MONICA TOMASA MARTIN.
Intestate. Voile de San Geronimo de Taos. 1770. It ap-
pears that a will was made in 1768. It is on file with
these papers. Inventory and partition of her estate. An-
tonio Armijo, Alcalde. Pedro Fermin de Mendinueta,
Governor. Antonio Solano ; Domingo Benavides, Alcalde ;
Salvador Rivera; Nicolas Leal.
591 ANTONIO DE ARMENTA to Isidro Maese. Santa Fe,
1771.
Land. Manuel Garcia Pareja, Alcalde. Joseph Armenta.
592 MARCIAL MARTIN SANGIL, of Santo Domingo de
Cundiyo, vs. MARCIAL MARTIN.
Question of land under a grant had by purchase by the
complainant's father from Phelipe Moraga. 1771. Cris-
tobal Montes Vigil, Alcalde. Mateo de Penarredonda ;
Juan Francisco Mascarenas; Domingo Labadia; Pedro
Fermin de Mendinueta; Antonio Moreto; Juan de Arte-
aga; Joseph de Medina.
593 ANACLETO DE MIERA Y PACHECO and Maria Cat-
arina Pino.
Petition. 1786. Asking that the property of Antonio de
Luna, deceased, and said Maria Catarina de Pino be
placed in their custody.
THE SPANISH AECHIVES OF NEW MEXICO 165
593 MANUEL DE ARMIJO and Juan de Ledesma to Jose
Mares. Santa Fe. 1764.
Donation of share in mine. Francisco Guerrero, Alcalde.
Antonio de Armenta.
594 VICENTE MARTIN. Will. 1774. Santa Fe.
Manuel Garcia Pareja, Alcalde. Antonio Armijo.
595 TOMASMADEID. Will. Santa Fe, 1781,
Jose Maldonado. Antonio Guerrero.
596 JOSEPHA MESTAS. Pojoaque. Will. 1785.
Also partition of her estate. Jose Campo Redondo. Anza,
Governor.
597 ANACLETO MIEEA Y PACHECO and Maria Catar-
ina Pino.
Petition. 1788. Asking that the property of the minor
children of Antonio de Luna and said Maria Catarina be
placed in their custody. Juan Bautista de Anza, Gov-
ernor. Josef Andres Calles. Copy of No. 593.
598 JOSfi MALDONADO. Will. 1789. Santa Fe.
Also inventory and partition of his estate. Antonio Guer-
rero, Alferez. Jose Sandobal; Fernando de la Concha,
Governor; Jose Rafael Sarracino, Administrador de Cor-
reos; Cristobal Maria Larranaga; Nicolas Antonio de
Henestrosa ; Manuel Delgado, of Chihuahua ; Cleto Miera ;
Antonio Jose Ortiz, Alcalde; Vincente Troncoso, Teni-
ente; Fernando Lamelas.
599 CLEMENTS GUTIERRES to Viviana Martin. San
Isidro de los Corrales. 1784-1793.
Lands in Alameda. Nerio Antonio Montoya, Alcalde ; Fer-
nando de la Concha, Governor; Juan Gabriel de Lago;
Fernando de Lamelas.
600 JUAN FRANCISCO MARTIN.
Will. San Antonio del Embudo. Incomplete. Four pages
and no signature.
601 FRANCISCO XAVIER DE MIRANDA. Alburquerque.
No date.
Asking that Juan Montano be ordered to give him a deed.
Antonio Gurule is mentioned as "Colindante."
166 THE SPANISH AECHIVES OF NEW MEXICO
602 MAEIA MICHAELA MAESE. Santa Fe. No date.
Asking that land granted to her deceased husband, Martin
Padilla, in the Partido del Bado, be confirmed to her.
The land granted was 150 " caisadas."
603 PAULIN MONTOYA vs. Miguel Ortiz. Sitio de la
Majada. 1800.
Trespass, etc. Josef Miguel de la Pefia; Fernando Cha-
con, 'Governor; Jose Campo Redondo; Francisco Montoya.
La Majada Tract.
604 MANUEL MAEES.
Will. Santa Fe. 1804. Juan de Dios Peiia, Alferez;
Fernando Chacon, Governor ; Jose Campo Redondo.
605 MIGUEL MIEABAL, of Las Huertas. 1808.
Petition relating to inheritance of land under the will of
his great grandfather. Land in Alameda.
Cleto Miera y Pacheco; Eusebio Rael; Domingo La-
badia ; Jose Garcia, Alcalde ; Jose Garcia de la Mora, Al-
calde; Ignacio Sanchez Vergara; Jose Gutierrez; Nicolas
Salazar ; Manrique, Governor ; Juan Jose Santillanes ; Feliz
Pino; Alencaster, Governor.
The Alameda Tract was granted to Captain Francisco
Montes Vigil January 27, 1710, by Admiral Joseph Cha-
con, Marques de la Penuela. Montes Vigil came to New
Mexico "among the collection of families made in the
City of Our Lady of Zacatecas, my native place, by Gen-
eral Juan Paez Hurtado." Montes Vigil participated in
all of the battles of the re-conquest. The boundaries of
the tract as described in the decree of royal possession,
are, on the north a ruin of an old pueblo, of two that there
are, is the more distant one from the Alameda tract; and
on the south a small hill, which is the boundary of Luis
Garcia; on the east the Rio del Norte, and on the west
plains and hills for entrances and exits. Possession was
given in the presence of Martin Hurtado, son of the Gen-
eral Juan Paez Hurtado, Luis Garcia and Jose de Quin-
tana. Hurtado at the time was war chief and alcalde of
Alburquerque.
606 JUAN MANUEL MAETIN and his brothers, heirs of
Antonio Sisneros, their grandfather, and Pedro Martin,
their father.
Agreement with their mother, Maria Manuela Sisneros.
THE SPANISH AECHIVES OF NEW MEXICO 167
Abiquiu. 1809. Question as to lands. Manuel Garcia,
Alcalde. Jose Miguel Tenorio.
607 MARIA MARQUES DE AYALA. Pojoaque. 1811.
Question of title to Rancho de Cuyamungue, sold under
mortgage, and bought by Juan Rafael Ortiz. Manuel
Garcia de la Mora, Alcalde. Manrique, Governor. Tomas
de Herrera.
608 JOSE MONTOYA. Canon de Jemez. 1810.
Petition for land. Referred to the Governor with favor-
able recommendation. Ignacio Sanchez Vergara, Alcalde.
The names of the settlers of the Canon de Jemes are
found in this item.
The first settlers of the tract known as the Canon de
San Diego were Francisco and Antonio Garcia, brothers,
who were interpreters of the Navajo nation, Miguel Gar-
cia, Joaquin Montoya, Salvador Garcia, Jose Manuel Gar-
cia, Juan Jose Gutierres, Juan de Aguilar, Bias Nepomu-
ceno Garcia, Bartolome Montoya, Jose Montoya, Tomas
Montoya, Juan Domingo Martin, Jose Gonzales, Salvador
Lopez, Antonio Abad Garcia, Miguel Gallegos, Marcos
Apodaca, Jose Miguel Duran, and Jose Maria Jaramillo,
who applied for a quantity of uncultivated land in the
Canon de San Diego, adjoining lands belonging to the In-
dians of Jemez. Their petition was filed in 1798, and
asked for lands from east to west to the middle arroyo
called Los Torreones, and from north to south to the Val-
lecito de la Cueva, which is in front of the water fall and
in a transverse line from the middle arroyo to the Rito de
la Jara. They also protested that they would not injure
the Indians with their persons nor their stock, stating that
the few trees which the Indians had set out were planted
on lands which did not belong to them.
The grant was made by Don Fernando Chacon, knight
of the order of Santiago, lieutenant-colonel of the royal
armies, and political and military governor of the prov-
ince. Possession was given March 14, 1798, in the
presence of the natives of the pueblo of Jemez, who had
been summoned by the chief justice of that pueblo, Don
Antonio de Armenta.
609 MARIA VIVIANA MARTIN. Alameda. 1812.
Petition. Asks that her son-in-law, Vincente Montaiio,
be ordered to return to her the title deeds to lands in
Alameda. Incomplete. Manrique, Governor. Lorenzo
168 THE SPANISH ARCHIVES OF NEW MEXICO
Gutierrez. Josef Mariano de la Pena, Alcalde. No. 599,
q. v.
610 JUANA BARBARA MONTANO. Cochiti. 1813. Vs.
Vicente Montano, her father.
Complaint that he sold land belonging to herself and her
brothers without their consent, to Miguel Hurtado. Finally
settled in favor of purchaser, Miguel Geronimo Hurtado,
Manrique, Governor. Herrera (Mariano de) Auditor de
Guerra, Chihuahua. Cleto Miera y Pacheco.
611 ANTONIO XAVIER MADRID.
Will. Santa Fe. 1813. Miguel Portillo, Alferez. Josef
Francisco Griego; Josef Larranaga.
612 PEDRO MARTIN. Abiquiu. 1806.
Proceedings in the matter of the settlement of his estate.
Maria Manuela Sisneros; Joseph Anastacio Hernandez;
Manrique, Governor; Manuel Garcia de la Mora, Alcalde;
Juan de Terras Luzero; Pedro Ignacio Gallego.
613 MARCIAL MONTOYA and Pablo Antonio Romero.
Abiquiu. 1814.
Petition for themselves and sixty others for lands on the
Brazos del Rio de Chama. Referred to the Governor.
Pedro Ignacio Gallego, Alcalde.
614 DIEGO ANTONIO MARTIN. Santa Cruz de la Cana-
da. 1819.
Damages by a ditch. Facundo Melgares, Governor. Juan
Francisco Ortiz, Alcalde.
615 MANUEL MARTIN and Pablo Romero. 1820.
Petition for the Tierra Amarilla Tract. Facundo Mel-
gares, Governor. Jose Garcia de la Mora.
616 MARIA NIEVES MIRAVAL.
Grant. 1822. Land in Galisteo. Pedro Armendariz, Al-
calde. Jose Maria Baca, Secretary.
617 PABLO MONTOYA vs. Francisco Xavier Mares. 1822-
23.
Lands in the Majada Tract. Incomplete. Antonio Viz-
carra, Governor. Jose Francisco Baca, Alcalde.
THE SPANISH AECHIVES OP NEW MEXICO 169
618 PABLO MONTOYA. Cienega. 1824.
Petition to the Territorial Deputation for lands on the
Rio Colorado del Rincon de la Cinta a la Trinchera.
Granted by the Deputation on November 19, 1824. Juan
Bautista Vigil, Secretary. Bartolome Baca, Jefe Superior
Politico.
619 JOS ANTONIO MAETIN. Basque Grande. 1824.
Petition relative to lands. No action taken.
620 JOSE IGNACIO MADRID and the other heirs of Eoque
Madrid vs. Matias Ortiz. Santa Cruz de la Canada.
1824.
Question of lands. No final action. Bartolome Baca,
Jefe Politico. Mariano Chaves, Alcalde.
621 JOSfi ANTONIO MAETIN, alias "El Renegado," vs.
Jose Manuel Sanchez. Basque Grande, Jurisdiction de
San Juan. 1821-1828.
Question of lands. Tomas de Herrera, Alcalde; Diego
Antonio Lucero, Alcalde; Tomas de Herrera, Alcalde;
Manuel Armijo, Governor; Juan de Jesus Martin, Al-
calde; Antonio Narbona, Governor; Diego Sisneros, Al-
calde; Josef Antonio Martinez; Juan Andres Archuleta.
622 BEENAEDO MAETINEZ. Los Corrales. 1828.
Petition for land near the Sandias. Not granted. Bal-
tazar Baca, Alcalde.
Baltazar Baca had a grant called the "Encinol," re-
ported No. 104.
This grant was rejected by the court of private land
claims. There was a preliminary survey under the act
of 1854, and this conflicted with the Laguna Pueblo Grant.
Persons who claimed under the former grant title are
now endeavoring to assert title by possession against the
Indians of Laguna as to the part which conflicted with the
Paguate Purchase.
623 MARIANO MONTOYA, Indian of Sandia, in the name
of the Pueblo, vs. Eusebio Eael. 1826.
Title to land.
624 BEENAEDO MADEID vs. Jose Antonio Bustos. San-
ta Cruz de la Canada. 1826.
Lands. Apolinario Lopez, Alcalde.
170 THE SPANISH AKCHIVES OF NEW MEXICO
625 JUAN DE JESUS MABTINEZ, Alcalde del Pueblo de
San Lorenzo de Picuries. 1829.
In the name of the pueblo protests against cession of lands
adjoining the pueblo. Juan Antonio Lobato, Presidents
del Ayuntamiento de Taos. Santiago Martinez, Secretary.
626 MAEIA GETEUDIS MONTOYA.
Will Agua Fria. 1820. Jose Ignacio Ortiz, Alcalde. J.
M. Alarid; Jose Ortiz.
627 PABLO MONTOYA. Cieneguilla. 1831-1832.
This is a very voluminous expedience relating to the title
of Montoya to this tract. Reported Claim No. 115, q. v.
628 JOSE! VICTOEINO MONTES VIGIL. Taos. 1836.
Claim to land at place called Rio Lucero, as heir under
the first settlers. The grant was made to his great-grand-
father, Pedro Montes Vigil. Albino Perez, Governor ; Ra-
fael de Luna, Alcalde; Santiago Martinez, Alcalde; Ant-
tonio J. Orttiz, Alcalde.
On July 5, 1836, Jose Vitorino Montes Vigil directed a
petition to the second alcalde of Taos, stating that he had
learned that there was a piece of land on the Lucero river
which had belonged to his great-grandfather, Pedro Montes
Vigil, as was stated in the grant ; that the petitioner was
the lawful owner of the land in question, and that he de 7
sired that the alcalde should investigate the legality of
his claim, and place him in possession of the land.
On July 9, 1836, the alcalde, Santiago Martinez, re-
turned the petition, stating that it should be presented
on paper of the third stamp, and should be accompanied
by proofs of his heirship, and by other pertinent docu-
ments.
On August 4, 1836, the petitioner presented a second
petition, on the proper paper, which was followed by a
statement by Joaquin Montes Vigil to the effect that he
had an equal right in the property, and he joined in the
petition made by Jose Vitorino Montes Vigil.
On August 6, 1836, the alcalde referred the petition to
the ayuntamiento of Taos, stating that the matter in ques-
tion was within the jurisdiction of that body.
On August 13, 1836, a petition signed by fourteen per-
sons from the ranches of the tract of Los Estiercoles, from
the town of San Fernando, and the pueblo of Taos, was
presented to the ayuntamiento of Taos. This petition
THE SPANISH AECHIVES OF NEW MEXICO 171
was in opposition to the one presented by Jose Vitorino
Montes Vigil. It states that the latter petition was pre-
sented by Vitorino Vigil, a citizen of Paso del Norte, by
Rafael and Joaquin Vigil, residents of Cieneguilla, and
by other persons, not named, who claimed to be descend-
ants of the deceased Pedro Vigil; that these persons
wanted to cultivate land along the margins of the Lucero
river, where that stream emerged from the mountain ; that
the cultivation of said lands would result in great injury
to the persons already settled in the vicinity, and who
for years had depended upon the waters of the Lucero
river for the irrigation of their lands.
They ask that the persons claiming the lands in ques-
tion be required to present proofs of their genealogy, to
show the last will of the original grantee, with the in-
stitution of heirs, etc. In support of their contention
they allege that the claim of the petitioners to land on
the Lucero river is combated by the decree of 1813, pro-
mulgated by the king of Spain, and still in force in the
Mexican Republic, as well as by the laws of prescription,
acknowledged and observed throughout the world.
On August 28, 1836, a report was made to the ayunta-
miento of Taos by a committee of three persons, perhaps
members of that body, which report was not favorable to
the claim made by the Vigils, and which declared that
the people of the pueblo of Los Estiercoles and Fernando
de Taos were the legal owners of the waters of the Lucero
river.
Subsequently, from September 9, 1836, to January 19,
1837, on four occasions, Jose Vitorino Montes Vigil pre-
sented petitions to the jefe politico (governor) of New
Mexico, complaining that his petitions to the authorities at
Taos had not received the attention to which they were
entitled.
There are a number of statements by the alcalde of
Taos and others in regard to various features of the case.
The question at issue between the parties, so far as is
disclosed by this archive, was never passed upon by the
jefe politico, who at that time was Albino Perez, who sub-
sequently was murdered (August 10, 1837) by the In-
dians of Santo Domingo.
629 GUADALUPE MIRANDA.
Report recommending that the spring known as San Mar-
cos be granted to him. No signatures.
Guadalupe Miranda was secretary of New Mexico from
172 THE SPANISH ARCHIVES OF NEW MEXICO
April 9, 1839, to October, 1843. After the occupation of
the Territory by the Americans in 1846 he declined becom-
ing an American citizen and in 1853 was appointed com-
missioner-general of Mexico to induce Mexicans in New
Mexico to locate and colonize lands south of the Rio
Grande. As such he succeeded the Fr. Ramon Ortiz of
El Paso. Miranda delivered possession of the lands to
the colony at Mesilla. At the time of the making of the
grant to the settlers, there were present, among others,
Domingo Cubero, Jose Manuel Sanchez Baca, Cesario Du-
ran, Bias Duran, Francisco Rojas, Valentin Maese, Mau-
ricio Sanchez, Eugenio Moreno, Vincente Lucero, and
Martin Trujillo.
On April 24, 1851, the dividing line between New Mex-
ico and Mexico 32 degrees and 22 minutes north lati-
tude was fixed as being ' ' the point at which said river
(Bravo or Grande del Norte) intersects the southern line
of New Mexico," it being understood that the distance
from this point from which the river now runs, in the
direction of the same parallel is two hundred and nine-
teen and four-tenths meters, consequently to the east of
said point.
There were present on this day, Don Juan Jose San-
chez, political chief of the Brazos district of the State of
Chihuahua, Brevet Captain Abraham Buford, commander
of Company H, 1st U. S. Dragoons, and Colonel Charles
F. Tappan, aide-de-camp to James S. Calhoun, governor
of New Mexico. General Juan Maria Ponce de Leon was
also present. Important settlements in this locality at this
time were Mesilla, Amoles, Paso del Norte, Senecu, Ysleta,
Socorro, and San Elezario. At the time that Miranda
acted Mesilla was in the State of Chihuahua, that portion
being afterwards acquired by the United States under the
Gadsden Purchase. There were about 1,500 people at
Mesilla at the time. Don Jose Joaquin de Herrera was
president and Don Mariano Otero, secretary of state of
Mexico at the time.
630 TOWN OF MOEA. 1842.
Distribution of land. Grant to Jose Manuel Cordova, q. v.
File No. 35.
631 MIGUEL MASCAEENAS.
Grant. 1844. Voiles de Santa Getrudis de lo de Mora.
Law of April 30, 1842, q. v. Arts. 13-15. Tomas Ortiz,
Alcalde. Miguel Antonio Lobato.
THE SPANISH AECHIVES OF NEW MEXICO 173
632 MIGUEL MASCAEENAS.
Grant. Voiles de Santa Getrudis de lo de Mora. Tomas
Ortiz, Alcalde. Mauricio Duran.
On the 20th of October, one thousand eight hundred
and thirty-five, I, Manuel Antonio Sanchez, constitutional
justice of the jurisdiction of San Jose de Las Trampas,
with my attending witnesses, with whom I act by appoint-
ment, in compliance with the superior decree of Don Al-
bino Perez, political chief of the Territory, dated the 28th
day of September last past, I proceeded to the place
called Lo de Mora, within the jurisdiction under my
charge, for the purpose of distributing this public land,
as is provided in the aforementioned superior decree, and
being there, and the settlers interested, amounting to
seventy-six citizens, being there also, the lower valley was
called "Voile de Santo Gertrudes" and the upper one
<( Valle de San Antonio," and in the name of the Mexican
Nation, and of this municipality, the town-site was marked
out in both valleys, the one at Santa Gertrudes being two
hundred varas from north to south, and one hundred and
fifty varas from east to west, leaving thirty varas outside
for drippage and a common road, and the meadow for the
benefit of all, with its entrances and exits free. The site
of the town of San Antonio contains two thousand varas
from north to south, and one hundred and fifty varas
from east to west, leaving the meadow for the benefit of
all settlers, with the following entrances and exits. On
the north the canon of the Cumanches; on the south the
Rio de Las Casos, and in the direction of the Cebolla.
Thereupon I proceeded to distribute the land suitable to
cultivation, and drawing the line from east to west, on
the south side of the valley of Santa Gertrudes, there
were measured four thousand one hundred varas of land,
and on the north, in the direction of Tulquillo, there were
measured one thousand seven hundred varas of land,
which were distributed among the settlers in the order in
which they are arranged on the list.
On the subsequent day we proceeded to the valley of
San Antonio, and being there, we drew the line from the
edge of the Cienega towards the west, another was meas-
ured and distributed according to the list aforementioned ;
two thousand eight hundred varas of land in the valley;
five hundred and sixty varas at the Lagunita; and two
hundred and fifty varas of land opposite the town, toward
the southwest thereof, as will appear by the aforemen-
174 THE SPANISH AECHIVES OF NEW MEXICO
tioned list ; the general boundaries of this tract, being for
the benefit of the grantees and for common pasturage ; on
the north, the Ocate river; on the south to where the Sa-
pello empties; on the east the Aguage de la Yegua, and
on the west, the Estillero, and as having taken possession
thereof quietly and peacefully, and without opposition
from any person whatsoever, the grantees, in token of joy,
pulled up weeds, threw stones, scattered handsfull of
earth, and performed other acts of possession, giving
thanks to God and to the Nation.
MANUEL ANTONIO SANCHEZ
Instrumental: TEODOCIO QUINTANA.
NESTOR ARMIJO.
Attending witnesses: ALBINO CHACON.
RAFAEL PAEZ.
The original settlers as appears in this instrument were
as follows :
Voile de Santa Gertrudis:
Jose Tapia, 100 varas; Carmen Arce, 150 varas; Juan
Lorenzo Aliso, 200 varas; Juan Antonio Garcia, 150 va-
ras; Carlos Nieto, 200 varas; Mateo Ringinel, 200 varas;
Manuel Suhazo, 100 varas; Geronimo Martin, 100 varas;
Francisco Sandoval, 100 varas ; Francisco Lore, 100 varas ;
Francisco Conen, 200 varas; Jose Mestas, 100 varas; Ra-
mon Archuleta, 100 varas; Antonio Aban Trujillo, 100
varas ; Juan de Jesus Cruz, 100 varas ; Maria Dolores Ro-
mero, 200 varas; Faustin Mestas, 100 varas; Maria Do-
lores Sanches, 200 varas ; Jose Miguel Pacheco, 100 varas ;
Yldefonzo Pacheco, 100 varas; Manuel Sanches, 100 va-
ras; Juan Trujillo, 200 varas; Felipe Carbajal, 100 va-
ras; Jose Maria Garcia, 100 varas; Miguel Garcia, 100
varas; Gabriel Lujan, 100 varas; Manuel Arguello, 100
varas; Ygnacio Gonzales, 200 varas; Jose Guadalupe Or-
tega, 100 varas, Felipe Arguello, 100 varas; Manel Gre-
gorio Martin, 100 varas ; Juan Cristobal Trujillo, 100 va-
ras ; north bank looking toward Tulquillo, measured from
east to west: Tomas Encarnacion Garcia, 150 varas; Car-
los Salazar, 150 varas; Francisco Arguello, 100 varas;
Francisco Sena, 100 varas ; Jose Ygnacio Madrid, 100 va-
ras; Miguel Paez, 100 varas; Miguel Mascarenas, 200
varas; Cecilio Montano, 50 varas; Cruz Medina, 100 va-
ras; Bernardo Martin, 100 varas; Miguel Arguello, 150
varas; Ramon Amado, 150 varas; Pedro Aragon, 150 va-
ras; Estevan Valdez, 100 varas.
THE SPANISH AECHIVES OF NEW MEXICO 175
Valle de San Antonio: "Ban-da del Sur medida de
Orient e a Poniente : ' '
Manuel Sanchez, 100 varas ; Juan Ygnacio Sanches, 100
varas; Francisco Sarracino, 100 varas; Albino Chacon,
100 varas; Damacio Chacon, 100 varas; Teodocio Quin-
tana, 100 varas; Jose Garcia, 100 varas; Rafael Paez, 100
varas; Nepomuceno Gurule, 100 varas; Jose Vigil, 100
varas; Nestor Armijo, 300 varas; Andres Ornelas, 100
varas; Mateo Montoya, 100 varas; Juan de la Cruz Tru-
jillo, 100 varas; Juan de Jesus Lujan, 100 varas ; Fran-
cisco Trujillo, 100 varas; Andres Trujillo, 100 varas;
Juan Andres Archuleta, 100 varas; Ramon Abreu, 100
varas; Jesus Maria Alarid, 100 varas; Vincente Sanches,
100 varas; Mateo Sandoval, 100 varas; Juan Lopez, 100
varas; Pedro Chacon, 100 varas; Miguel Antonio Mas-
carenas, 100 varas ; Antonio Arguello, 100 varas.
Lagunita de San Antonio, medida de Oriente a Poniente
Jose Silva, 280 varas; Juan Jose Vigil, 280 varas.
Frente a la Plaza de San Antonio punto al Serrito que
divide a la Lagunita :
Miguel Olguin, 250 varas.
633 FELIPE MONTOYA.
Grant. Voiles de Santa Getrudis de lo de Mora. 1844.
Under law of April 30, 1844. Articles 13-15. Tomas
Ortiz, Alcalde; Mauricio Duran; Miguel Antonio Lobato.
634 MARGARITA MARTINEZ vs. Miguel Benavides.
Real de San Francisco del Tuerto. 1845. Mining suit.
Testimonio. Jose Baca, Alcalde.
635 ASAMBLEA DEPARTAMENTAL DE NUEVO MEX-
ICO. 1845.
Relating to Grant called Manuelita. Felipe Sena. Tomas
Ortiz, Secretary.
636 CHAFFIE MARTINET. Santa Fe. 1846.
Mining suit. Trinidad Barcelo, Alcalde. Benito Antonio
Larragoite; Jorge Ramirez; Antonio Apodaca; Jose Mig-
uel Romero, Alcalde ; Diego Sisneros.
637 JUAN JOSS MONTOYA and seven others.
Petition for lands. Las Vegas. 1846. Juan de Dios
Maese, Alcalde. No final action.
176 THE SPANISH ARCHIVES OF NEW MEXICO
638 XPTOBAL NIETO. Santa Fe, 1700.
Re-validation of his grant. Testimonio. Certified by An-
tonio de Aguilera Isasi, Alcalde.
639 JOSEF MANUEL GILTOMEY to Simon Nieto. Santa
Fe, 1707.
Land in Santa Fe. Antonio Montoya, Alcalde. Xptobal
de Gongora.
640 SEBASTIAN DE VABGAS to Maria de Naba. Santa
Fe, 1710.
Land. Diego Arias de Quiros, Alcalde. Xptobal de Gon-
gora.
641 JOSEF FEESQUI and Maria de Herrera, his wife, to
Tomas Nunes. Santa Cruz de la Canada. 1716.
Land. Juan Garcia de la Rivas, Alcalde. Juan Manuel
Chirinos.
642 SIMON NIETO to Juan Garcia de Noriega. Santa Fe.
1728.
Land. Diego Arias de Quiros, Alcalde. Juan Manuel
Chirinos.
643 QUESTION OF LANDS. 1752.
Tomas Velez Cachupin, Governor; Nicolas Ortiz; Tomas
de Alvear; Francisco Sisneros.
Dispute between Jose Antonio Naranjo and Diego Tor-
res in regard to the amount which the former paid to the
latter for a house, which Naranjo on complaint of the
Indians of San Juan, had been ordered to give up by
Governor Velez Cachupin.
It seems that the house in question was on lands of the
Indians of San Juan; that Torres sold it to Naranjo;
that the Indians made some complaint about it, the na-
ture of which does not appear ; that Governor Velez ordered
Naranjo to get out of the house ; that he obeyed the order
in the month of March, 1753, and a few months later
asked the governor to compel Torres to return to him the
fifty pesos he had paid for the house ; that Torres made a
statement before the governor to the effect that the price
was only 10 or 12 pesos ; which was paid in 5 or 6 goats ;
that Naranjo produced two witnesses whose testimony
was conflicting ; that the governor, in view of the conflict-
ing testimony and the slight importance of the case, or-
THE SPANISH AKCHIVES OF NEW MEXICO 177
dered Torres to return to Naranjo the five or six goats,
and he further imposed perpetual silence upon both par-
ties, under penalty of a fine in case either should again
bring the matter up.
There is nothing in the document to show the location
of the house with respect to the pueblo of San Juan.
644 FRANCISCO NIETO to Jacinto Perea. Santa Fe.
1765.
One-half of the land in the Pueblo Quemado purchased of
Andres Montoya, of Cieneguilla. Francisco Guerrero,
Alcalde. Antonio Guerrero.
645 SETTLERS of SAN GABRIEL DE LAS NUTRIAS.
1771.
Abandonment of the settlement. Don Pedro Fermin de
Mendinueta, Governor. Antonio Moreto.
646 FRANCISCO TREBOL NAVARRO.
Will. Santa Fe. 1785. Jose Maldonado. Cleto Miera..
Reference is made to the military chapel Capilla Cas-
trense at Santa Fe ; also mentions the alf erez, Don Alberto
Mainez, later a governor of New Mexico; also to Don
Pedro Fermin de Mendinueta, former governor of the
Province, as residing at Elizondo, in the Valley of Bastas,
Province of Navarre.
647 NICOLAS ORTIZ NINO LADRON DE GUEBARA.
Santa Fe. 1742.
Will. Francisco Guerrero, Alcalde. Antonio Ulibarri.
There were many valiant cavaliers accompanying the
conquistador, Captain-General Diego de Vargas Zapata
Lujan Ponce de Leon, to the kingdom of New Mexico in
the year 1693, not the least of whom was Captain Nicolas
Ortiz Nino Ladron de Guevara. He was a most adventur-
ous spirit, whom a restless love of enterprise induced to
join the expedition under the great Spanish captain.
An ancestor of Don Nicolas Ortiz Nino Ladron de Gue-
varra had won the favor of the king by capturing from
the Moors the city of Guevara, by which exploit he se-
cured from his royal master the addition to his name
"Nino Ladron de Guevara."
When the expedition under de Vargas left El Paso,
having in view the reconquest of New Mexico, Captain
Nicolas Ortiz Nino Ladron de Guevara accompanied it
178 THE SPANISH AECHIVES OF NEW MEXICO
along with his family. His wife was Maria Anna Garcia
Coronado; the oldest son bore the same name as the
father. This son married Dona Juana Baca, and of the
marriage there were three children, Nicolas Ortiz Nino
Ladron Guevara, third, Francisco and Toribio Ortiz
Nino Ladron de Guevara. The eldest married Dona
Gertrudis Paez Hurtado, of which marriage there were
two children, Juan Antonio and Antonio Jose. The last
named married Dona Rosa de Bustamante, the daughter
of Don Pedro de Bustamante, governor of the Province
of New Mexico, of which union there were five children,
among them a daughter, Ana Gertrudis Ortiz Nino La-
dron de Guevara, who became the wife of Juan Domingo
Baca. There were twelve children of this marriage, one
of whom, Ana Maria, married Pedro Bautista Pino in the
latter part of the eighteenth century.
648 FEANCISCO OETIZ NINO LADEON DE GUEBAEA.
Santa Fe. 1749.
Will. Antonio de Ulibarri, Alcalde. Sebastian de Apo-
daca.
649 BAETOLOMS OLGUIN and Others. 1751.
Petition for lands near the pueblo of the Picuries. Not
granted. Tomas Velez Cachupin, governor. Manuel Sa-
enz de Garvisu, Secretary.
650 TOWN OF OJO CALIENTE. Ee-settlement. 1753.
Bernardo de Bustamante y Tagle, Alcalde. Pablo Fran-
cisco de Villapando; Bias Martin Serrano.
Re-settlement of Ojo Caliente.
651 ANTONIO DE OETEGA to Tomas de Ortega. Santa
Fe. 1758.
Land. Francisco Guerrero, Alcalde. Carlos Joseph Perez
Mirabal.
652 TOEIBIO OETIZ and MIGUEL DEALIEE. Santa Fe.
1758.
Petition. Rancho in La Cienega. Asking that it be par-
titioned among the heirs under the will of Miguel de la
Vega y Coca. Proceedings, etc. Testimonio. Certified by
Francisco Guerrero, Alcalde.
Nicolas Ortiz to Manuel Gallegos. Santa Fe. 1758. His
share in said rancho in La Cienega.
THE SPANISH ARCHIVES OF NEW MEXICO 179
Francisco Guerrero, Alcalde. Manuel Bernardo Gar-
visu.
653 ANTONIO XIRON to Tomas de Ortega. Santa Fe.
1767.
Land. Francisco Guerrero, Alcalde. Nicolas Ortiz.
654 MANUEL OLGUIN. Will.
Inventory and partition of his estate. Santa Fe. 1767.
Vicente de Sena, Alcalde. Joseph Garcia Jurado ; Fran-
cisco Lobera ; Eugenio Perea.
655 TOWN OF OJO CALIENTE.
Re-settlement. 1768-1769. Manuel Garcia Pareja, Al-
calde. Tomas Velez Cachupin, Governor.
The names of many settlers are given in this item.
The site of the ancient pueblos near the Ojo Caliente
was re-settled during the rule of Governor Tomas Velez
Cachupin. There were fifty-three families and the bound-
aries of the tract as granted were "from the Canada de
Los Cumanches to the tower (Torreori) of Jose Baca, de-
ceased, with a small difference just below, its boundaries
being on the north the Canada de Los Comanches ; on the
south a landmark which I ordered to be constructed of
stone and mortar with a holy cross of cedar placed in the
center, just below the said tower of Jose Baca ; on the east
the foot of the hill ; and on the west the foot of the other
hills on the opposite side of the river. The leaders of this
settlement were the sergeant Luis Duran and the district
lieutenant, Gregorio Martin.
A torreon (tower) was a sort of fortification used for
purposes of defense and look-out against the hostile In-
dians.
656 TOWN OF OJO CALIENTE.
Ke-settlement. 1769. Don Pedro Fermin de Mendinueta,
Governor. Names of many of the settlers are given.
657 LUCIA OETEGA vs. Eoque Lobato. Santa Fe. 1769.
Question of lands. Don Pedro Fermin de Mendinueta,
Governor.
658 ANTONIO DE JESUS LUCEEO to Francisco Ortega.
Santa Fe, 1776.
Land. Manuel Garcia Pareja, Alcalde. Simon de Ar-
menta.
180 THE SPANISH AECHIVES OF NEW MEXICO
659 ANTONIO OETEGA.
Will. Santa Fe. 1781. Jose Maldonado, Alferez. Juan
de Abrego.
660 FEANCISCO DE ORTEGA.
Will. Santa Fe. 1782. Manuel de la Azuela, Captain.
Salvador Tenorio.
661 ANTONIO ORTEGA.
Will. Inventory and partition of his estate. Santa Fe.
1785. Jose Maldonado, Teniente. Juan Bautista de Anza,
Governor. Jose Miguel Maldonado; Jose Andres Calles.
662 JOSEFA BUSTAMANTE to Antonio Josef Ortiz.
Santa Fe, 1784.
House and land. Juan Bautista de Anza, Governor. An-
tonio Jose Ortiz; Francisco Perez Serrano; Bernardo de
Miera y Pacheco.
663 BAETOLOMfi FEENANDEZ to Miguel Ortiz. 1785.
Land in the Majada Tract. Jose Maldonado, Teniente.
Jose Miguel Maldonado. La Majada Claim, q. v.
664 TOWN OF OJO CALIENTE.
Grant. 1793. Reported Claim No. 77, q. v.
665 CAEMEN PEEEA, deceased, by her administrator,
Manuel Delgado, to Jose Maria Vivian de Ortega. Santa
Fe, 1804.
Land. Jose Maria Vivian de Ortega to Maria Feliciana
Padilla, Santa Fe, 1805. Conveyance of the above land.
666 FELICIANA PAULA OETIZ Y BUSTAMANTE.
Will. Santa Fe. 1815. Matias Ortiz, Alcalde. Jose
Campo Redondo. Cristobal Maria Larinaga, Secretary.
667 MATIAS OETIZ. Pojoaque. No date.
Complaint against Tomas Sena, Alcalde.
668 INDIANS OF LAGUNA vs. Joaquin Pino.
Protest against his occupation of land in the Rillito (Ri-
yito] Tract. 1815. Joseph Vicente Ortiz, Alcalde. Pedro
Maria de Allande, Governor.
The various grounds on which the protest was based
are unimportant in view of the fact that Governor Pedro
Maria de Allande, on October 16, 1816, after a hearing at
THE SPANISH ARCHIVES OF NEW MEXICO 181
which the alcalde, twelve Indians from Laguna, and Don
Joaquin Pino were present, decided in favor of Pino.
Certain services required, free of charge of the Pueblo
Indians are recited in the following statement, which is
preserved here on that account.
"Don Jose Manuel Aragon, chief justice and war cap-
tain of these pueblos of Acoma, Laguna, settlement of
Ceboletta, and its districts:
"In view of the resignation I have tendered of the
office I have held on this frontier for the period of over
twenty years, Jose Alarigua, governor of this Pueblo of
San Jose de la Laguna, and the chiefs thereof, together
with their interpreter, Antonio Herrera, appeared be-
fore me, asking me to leave them a statement of the gov-
ernment and orders given by the honorable governors of
this province, urgently requesting me to see if by this
means they could be relieved from the disorders and
grievances the pueblo formerly suffered in the changes of
justices and ministers, and providing against a recur-
rence of the same thing in the future ; and, in compliance
with this just demand, I have executed on this paper
this declaratory statement, saying as I do say, that being
present at the general visits made to this Pueblo by
Governors Don Fernando Chacon, Don Joaquin del Real
Alencaster, Don Alberto Maynes, and Don Jose Man-
rique, authorizing these Indians to extend their fields be-
yond the league granted to them by the King as far as
they could plant, for the actual support and maintenance
of their families. The pueblo being situated in such a
locality as not to afford them a sufficient quantity of ar-
able land within the league allowed by the King, and this
pueblo having formerly suffered this scarcity of land for
cultivation when this province was governed by Don
Tomas Velez Cachupin, these Indians purchased the
Rancho called Paguati, situated to the north and adjoin-
ing the site of Cebolleta, distant three leagues from this
pueblo. This rancho was formerly granted to Pascual
Pajarito, Vicente Pajarito, Antonio Paguati, and Miguel
Magnino, and having possessed it for thirty years, they
sold it to the Pueblo; and certain citizens having peti-
tioned and asked for permission to settle there they have
not been allowed to do so by the Superior Government,
as it was a purchase made by the Indians, who held a
deed authorized by the former alcalde of this pueblo, Don
Antonio Sedillo.
182 THE SPANISH ARCHIVES OF NEW MEXICO
"In regard to the land towards the east, they have
been allowed to plant on the rancho known as El Rito,
and therefore also the Canada de Los Gigantes to the Ojo
del Chamiso, together with the Rancho commonly called
San Juan, for pasture lands for their animals, the fron-
tier being so much exposed that they cannot risk them in
any other direction. On the west they have the site
known as Cubero, where they have fields under cultivation
and an acequia of their own, and they irrigate with the
same water that passes through this Pueblo; and in the
same westerly direction, distant a mile from said Pueblo,
is the rancho called Santa Ana, where they hold lands
for cultivation in common, as far as the alcalde is con-
cerned, who is to reside in this pueblo, he is forbidden
by superior orders from availing himself of the labor of
the Indians for any purpose except by paying them the
just value of their labor; neither can he compel them to
serve on escorts for private individuals unless required
by the government to treat upon subjects connected with
the royal service.
1 'As far as the officiating minister (priest) is con-
cerned, he is placed upon the same terms as the alcalde,
without any authority to tax the pueblo or any Indian
with services excepting a sexton to ring the bell and the
feed of a horse, which is to be furnished by the pueblo in
case it should be necessary for him to hear confession.
"This is the method established by the government for
the good administration of these Pueblos, and having no
private malice to accomplish, and at the request of the
Indians of the Pueblo of Laguna, I leave this statement,
which I signed on the 25th day of March, 1813.
"MANUEL ARAGON
"Santa Fe, August 28, 1826.
"Approved so far as this government is concerned and
legal and formal in its contents. NARBONA."
Colonel Narbona was governor at this time.
On the margin of the above instrument (grant) appear
the following notations:
* ' This document is to remain in the hands of Don Juan
Miguel Cacique and at his death in the hands of his two
daughters, Catarina and Josefa, who have the same right
and interest in the site together with Don Vincente Ro-
mero, included in the same interest. [Rubric.]
"The site of Cubero, mentioned in this document, and
the water running through it, is the only water these In-
THE SPANISH AECHIVES OF NEW MEXICO 183
dians have the use of, as this proceeds from the Ojo del
Gallo; therefore if the said spring is settled upon, these
poor Indians would perish, as it is the same water which
reaches to the pueblo and these Indians are entitled to
it, being old settlers in good faith for more than one
hundred years. [Rubric.]
"In this year one thousand eight hundred and twenty,
Don Ignacio Sanchez Vergara, Protector General of the
Indians, of this Province of New Mexico, executed a docu-
ment alike to the instrument authorized by Don Antonio
Sedillo, in the year one thousand seven hundred and
sixty-nine; and for not stating three boundaries which
said Protector did not mention in his document, the
parties mentioned in said document requested me to
make a copy thereof, stating the boundaries to which the
rancho of Paguati is entitled, which document is of the
tenor following :
"For this Pueblo of Jemes, on the first day of June, in
the year one thousand eight hundred and twenty, a docu-
ment authorized by the former alcalde of the pueblo of
Laguna was presented to me by Lorenzo and Alonzo,
Santiago, Alonzo, segundo, Toribio and Rita, native In-
dians of said pueblo, requesting me to take charge of the
interests they represented in the rancho called Paguati;
and having registered it, I find that Don Antonio Se-
dillo, the said alcalde at that time, took cognizance of a
suit brought by Juan Paguati and Pascual Pajarito, both
residents of said pueblo, and it was ordered that each one
should quietly remain upon his own property, without
disturbing the other.
"Such being the case, and as Protector of the Indians
for the Royal Audience of Guadalajara, to whom alone it
is proper for the Indians to refer matters of a common
or private nature, if they are in any way aggrieved, or
if they have not a sufficient amount of land with that the
law allows them, or that they may have legally acquired,
and by virtue of the ancient possession of said lands to
which the said natives refer, called the rancho of Paguati,
acquired by a legal title, and that the new settlement of
Cebolleta, granted by Governor Don Fernando Chacon to
certain citizens, and possession given by the alcalde, Don
Jose Manuel Aragon, with the formalities required by
the laws of possession and settlement, the boundaries hav-
ing been marked out.
"The aforesaid rancho and its boundaries in the direc-
184 THE SPANISH AECHIVES OF NEW MEXICO
tion of Cebolleta remained free with its ancient appurte-
nances as far as the table land of El G-abilan, to the south
of La Cuesta, on the west to the Rito del San Jose, and
on the east to the Cafioncito del Cajo.
"The new settlers of Cebolleta were satisfied with their
boundaries at the table land of El Gabilan, adjoining the
holders in good faith.
"The want of land by these Indians is to be taken into
consideration, and that the tract of Paguati is the only
one that in a measure aids them with the scant produce
in their misery; and although at the commencement they
had more land extending as far as El Rito, they were re-
stricted by Don Joaquin Pino to a tract of waste land, he
having deprived them of the said land by virtue of a
right to it held by his late father, whom he represents,
but which land had been abandoned for more than thirty
years. Nevertheless, his title was recognized, and they are
so much reduced that the only aid they receive is from
Paguati, where the principal owners cultivate the soil in
common with the pueblo, and those who have no lands to
cultivate for their support are in a measure relieved.
"All of which has been well premeditated and consid-
ered, and will be shown whenever an effort is made to in-
jure them by depriving them of the ancient possession of
Paguati. There is no doubt that, presenting themselves
in person or through their protector to the Superior Au-
dience, they will be allowed to remain in peace, in the
enjoyment of what is unquestionably theirs.
"In testimony whereof, and in compliance with the
duties so repeatedly enjoined upon me by the royal laws
of the Recopilacion of the Indies, I executed this docu-
ment for their protection, as Protector of the Indians,
who are so highly recommended to me by the attorney,
protector-general of the Indians, and for its due authen-
ticity, I signed on this said day, month and year.
"I signed this as a witness to the truth of the state-
ment made by the Protector. EUSEBIO ARAGON
' ' This document is approved, etc. NARBONA ' '
Laguna Pueblo Tracts called the Laguna Purchases.
Reported No. 30; File No. 68.
This covers five ranches called Paguate, El Rito, Gi-
gante, San Juan and Santa Ana, all near the pueblo of
Laguna. The claim was confirmed by Congress, June 21,
1860. It was patented September 22, 1884.
THE SPANISH AECHIVES OF NEW MEXICO 185
Some Navajos wanted to leave Encinal, San Jose, and
Cubero, where they had lands planted, to go to "Chelli"
to join their companions for fear of the Cumanches. They
asked the governor (Allande) to give them a paper which
would prohibit the Spaniards from taking their lands
while they were absent and to notify them at Laguna in
the event he heard of the Cumanches coming into the
country, so that they would receive word from Laguna
in time to make their escape.
669 IGNACIO OETIZ. Santa Fe, 1824.
Petition for lands between the pueblos of Santo Domingo
and San Felipe. Referred to Provincial Deputation. Bar-
tolome Baca, Jefe Politico.
670 JOSS IGNACIO ORTIZ. Santa Fe. 1824.
Grant. Small piece of land. Possession by Santiago
Abreu, Alcalde. Bartolome Baca, Jefe Politico. Ramon
Abreu, Secretary.
671 ANDRES ORTEGA. Alburquerque.
Petition for lands. 1825. Referred to the Provincial
Deputation. Bartolome Baca, Jefe Politico.
672 JUAN RAFAEL ORTIZ. Santa Fe.
Petition for land in Santa Fe. 1831. Refused by Terri-
torial Deputation. Abreu, Secretary Territorial Deputa-
tion. Pablo Montoya, Ayuntamiento. Domingo Fernan-
dez, Ayuntamiento. Teodosio Quintana, Secretary pro
tern of Ayuntamiento.
673 JUAN RAFAEL ORTIZ. Petition. Santa Fe, 1833.
Same as No. 672. No final action. Mateo Sandoval, Sin-
dico.
674 JOSfi FRANCISCO ORTIZ and Ignacio Cano. 1833.
Reported Claim No. 43, q. v. Ortiz Mine Grant.
In 1833 about 69,458 acres in Santa Fe county, N. M.,
were granted to Jose Francisco Ortiz and Ignacio Cano.
This property was known as the Ortiz Mine Grant. It
conflicts with the grant known as the Mesita de Juana
Lopez, upon which latter are located the coal mines in
the vicinity of Madrid. In 1836, Ignacio Cano conveyed
to Ortiz all his interest in the grant. Ortiz died in 1848,
leaving the property to his widow, Maria Inez Montoya,
who, in 1853, conveyed the property to John Greiner. In
186 THE SPANISH AECHIVES OF NEW MEXICO
1854, August 19, Greiner sold the property to Charles E.
Sherman and associates, who in turn disposed of it to the
New Mexico Mining Company. This grant was confirmed
by Congress in 1861. Upon this property are situate val-
uable gold mining properties.
675 SANTA FE. AYUNTAMIENTO.
Two pages of the proceedings, 1836. Names of members :
Agustin Duran ; Felipe Sena ; Jose Maria Alarid ; Antonio
Maria Ortiz; Gaspar Brito; Antonio Sena; Jose Fran-
cisco Baca y Terrus ; Jesus Komero ; Domingo Fernandez,
Secretary.
676 JUAN OTEEO.
Grant. 1845. Reported Claim No. 106, q. v.
677 ANTONIO JOSS DE OTEEO. 1846. Grant. "Ojode
la Cabra."
Letter of Miguel Altamirano of the Superior Tribunal de
Justicia del Departamento de Chihuahua. Archive No.
676 and Eeported Claim No. 106, q. v.
This claim was rejected by the court of private land
claims.
Proceedings in the matter of the Ojo de la Cabra ranch
claimed by Antonio Jose de Otero, of which ranch he
claimed he had been unjustly dispossessed. It appears
that the matter had reached the superior tribunal of
justice of the department of Chihuahua, and that tri-
bunal wrote to the governor of New Mexico inquiring
whether the general laws of February 28 and March 2,
1843, in regard to superior tribunals, were in force in
his department, and whether in compliance with articles
2 and 25 thereof the tribunal of second instance had been
created, or the Assembly (asamblea) in exercise of its
constitutional powers had created the tribunal in some
other manner which it considered better.
On April 16, 1846, Governor Manuel Armijo wrote to
the president of the Assembly, requesting him to lay the
matter before that body for its official action.
There is nothing in this archive to show that the As-
sembly took any action on the matter.
The Ojo de la Cabra is situated within the boundaries
of the grant to the pueblo of Isleta, at a distance of about
10 or 11 miles east of the Kio Grande.
A claim covering this tract was filed with the surveyor-
THE SPANISH AECHIVES OF NEW MEXICO 187
general on January 29, 1875, under the Act of July 22,
1854, but the claim was never acted upon by Congress.
After the creation of the U. S. court of private land
claims, a petition was filed therein, on March 2, 1893, ask-
ing the confirmation of the grant, but it was rejected on
November 30, 1896. An appeal was taken to the supreme
court of the United States, and that court, on January
18, 1899, dismissed the appeal.
678 SEBASTIAN DE SALAS to Tomas de Herrera. Santa
Fe, 1703.
Lands in Santa Cruz. Antonio de Montoya, Alcalde.
Xptobal de Montoya.
TOMAS DE PALOMINO to Thomas de Herrera. Villa
Nueva de Santa Cruz. 1700.
Land. Roque Madrid, Alcalde. Miguel Ladron de Gue-
barra.
JUAN DE PAZ BUSTILLOS to Tomas de Herrera. Santa
Fe.
ANTONIO AGUILEKA ISASI, alcalde.
Land in Santa Cruz. Confirmation of the three foregoing
conveyances by Juan de Ulibarri, Juez Visitador. Villa
Nueva de Santa Cruz, 1709.
679 SEBASTIAN DE MONDRAGON to Silvestre Pacheco.
Santa Fe. 1708.
Land. Juan Garcia de la Rivas, Alcalde. Francisco
Lorenzo de Casado.
Silvestre Pacheco to Nicolas Ortiz. Santa Fe, 1708.
The above property. Juan Garcia de la Rivas, Alcalde.
680 MAEIA DE PEREA. Santa Fe. 1715.
Will. Diego Arias de Quiros, Alcalde.
This refers to the parish church of Santa Fe.
681 DIEGO DE PADILLA. Grant. 1718.
Reported Claim No. 146. El Tajo Grant, q. v.
This claim was filed in the court of private land claims,
confirmed and surveyed for nearly 52,000 acres. It lies
east of the Rio Grande and the northern boundary is that
of the south boundary of the grant to the Isleta pueblo.
It was always supposed that this property belonged to
the Indians of Isleta, but it has recently been ascertained
188 THE SPANISH AECHIVES OF NEW MEXICO
that numbers of persons living within its boundaries have
rights by purchase from the Indians many years ago. The
original grantee was Diego Padilla, whose heirs sold to
the Indians of Isleta about the middle of the eighteenth
century. It was patented April 9, 1908. See archive
684.
682 JOSEPHA SEDANO to Juan de la Mora Pineda.
Santa Fe, 1722.
House and land. Francisco Bueno de Bohorques y Cor-
cuera, Alcalde.
Refers to the "Rio Grande de dicha Villa" and to the
"Rio CMquito de dha Villa/' Santa Fe.
683 ANTONIO BEENAL of La Canada to Antonio Pache-
co. 1729.
Land in Santa Fe. Miguel Joseph de la Vega, Alcalde.
684 DIEGO DE PADILLA vs. Indians of Isleta. 1733.
Question of pasturage. Gervasio Cruzat y Gongora, Gov-
ernor. Juan Goiizales Bas, Alcalde.
Dispute between Diego de Padilla and the Indians of
Isleta in regard to the former's flocks trespassing on the
planting lands of the latter, and also in regard to the
destruction of poles, forming a corral belonging to Padilla
by the said Indians. Year 1733.
The decision, by Governor Cruzat y Gongora, was fa-
vorable to the Indians.
685 DIEGO PADILLA. Will.
Inventory and partition of his estate. Alburquerque.
1736. Eurique de Olavide y Michelena, Governor. Pedro
Joseph de Leon; Bernardo de Bustamante.
686 JUAN PACHECO vs. ANTONIO MAETIN.
Question of inheritance of his wife, Santa Cruz, 1736.
Juan Estevan Garcia de Noriega, Alcalde. Joseph Garcia
de Noriega ; Juan Felipe Rivera. Gervasio Cruzat y Gon-
gora, Governor.
687 JUAN JOSEPH PACHECO vs. Sebastian Martin.
Question of right to build on certain land. Santa Cruz
de la Canada. Juan Estevan Garcia de Noriega, Alcalde.
Tomas Veles Cachupin, Governor. Francisco Valdes y
Bustos.
THE SPANISH AECHIVES OF NEW MEXICO 189
688 NUESTEA SENOEA DE LA LUZ SAN FERNANDO Y
SAN BLAS.
Grant on Rio Puerco to twelve families of Alburquerque.
1753-1759. The names of these twelve families are given
in the grant. See conditions imposed as to pasturage in
common. Tomas Veles Cachupin, Governor. Antonio
Baca, Alcalde. Antonio Marin del Valle. Phelipe Ta-
foya, Procurador.
689 JUAN ANTONIO DE AECHULETA to Marcos Pache-
co. Santa Fe, 1755.
Land on the other side of the Santa Fe river. Francisco
Guerrero, Alcalde.
690 SEBASTIAN MAETIN to Heirs of Juan Pacheco.
Nuestra Senora de la Soledad del Rio Arriba. 1763.
House and lot, etc. Carlos Fernandez, Alcalde. Pablo
Francisco de Villapando.
691 TOWN OF EL PASO DEL EIO DEL NOETE and Town
of San Lorenzo.
Question as to right to use timber, etc. 1765. Pedro de
la Puente, Justicia Mayor de El Paso. Juan Antonio
Calderon; Tomas Veles Cachupin, Governor; Lorenzo
Antonio Quaron; Carlos Fernandez.
692 SAN FEENANDO DEL EIO PUEECO. 1767.
Complaint of raids of Apaches. Don Pedro Fermin de
Mendinueta, Governor. Bartolome Fernandez.
693 JUAN ANTONIO DE AECHULETA to Francisco Pa-
dilla. Santa Fe, 1767.
Francisco Guerrero, Alcalde.
694 TOWN OF ATEISCO, 1768.
Reported Claim No. 145, q. v.
695 FEANCISCO PADILLA. Isleta. 1768.
Relating to the sale of one-seventh of the Diego Padilla
Grant to Clemente Gutierrez. Don Pedro Fermin de
Mendinueta, Governor. Francisco Trebol Navarro, Al-
calde.
190 THE SPANISH AKCHIVES OF NEW MEXICO
696 JOSEPH PACHECO, Santa Fe, 1771, vs. Juan de Al-
ari.
Question of boundaries. Don Pedro Fermin de Mendin-
ueta, Governor. Juan Antonio Alari.
697 EUGENIO PEEEA, Bernalillo, vs. Eoque Gallego,
1785.
Question of land. This is a very voluminous document
about 75 pages.
698 JUAN PADILLA.
Petition and proceedings in the partition of estate of Se-
bastian Martin and Maria Lujan, deceased. 1772. Pedro
Fermin de Mendinueta, Governor. Salvador Garcia de
Noriega, Alcalde. Sebastian Martin Grant, reported, q. v.
The Sebastian Martin Land Grant was originally made
in 1711, by the governor and captain-general of New Mex-
ico, to Captain Sebastian Martin, one of the most prom-
inent men of his day; the grant embraced the valley of
the Rio Grande on both sides of the river from the bound-
ary of the grant to the pueblo of San Juan on the south
to the end of La Joya on the north and to the east as far
as Las Trampas. The settlements of Plaza del Alcalde,
Los Luceros, La Villita, and La Joya, are all within the
original grant. The grant contained over 40,000 acres.
The Indians of San Juan claim that Captain Sebastian
Martin gave them a piece of the land in the valley in pay-
ment for services in constructing the first great irrigation
ditch on the east side of the Rio Grande.
The documents in the Sebastian Martin Grant show
that, in 1703, the original grantee, in company with
others, registered a tract of land in what is now Rio Ar-
riba county, the original petition being lost. It seems
that Captain Martin, alone of those originally asking for
the tract, cultivated or remained upon any part of it. He
petitioned the Marques de la Penuela, asking that the
grant be made to him alone, as the others had forfeited
any right which they might otherwise have had. There
is no date to the petition, which is as follows:
* ' Captain Sebastian Martin, resident of the jurisdiction
of the Villa de Santa Cruz, appears before the greatness
of your excellency with profound submission, and in the
most approved manner the law allows me, and states, that
whereas in the year 1703 Antonio Martin and myself reg-
THE SPANISH AECHIVES OF NEW MEXICO 191
istered and denounced for both of us a vacant, unculti-
vated, and unoccupied tract of land in Rio Arriba [torn]
a short distance from the pueblo of San Juan [torn]
present year, which many years ago was registered by
Joseph Garcia Jurado, Sebastian de Vargas, and Sebas-
tian de Polonia, who never occupied it, for which reason
they lost all rights and title to it as His Majesty (whom
may God preserve) has ordered and directed in his royal
laws, which registration and denouncement was made by
us before the Marques de la Nava de Brazinas, governor
and captain-general of this kingdom, who by virtue there-
of was pleased to confer the grant upon us in the name
of His Majesty, declaring the first parties without any
right according to the royal laws, in order that they should
never lay any claim to said tract, and therefore royal pos-
session was given to me by the sergeant major, Juan de
Ullibari, by virtue of a commission given to him for that
purpose by General Don Francisco Cuervo y Valdes, which
I took quietly and peaceably without any opposition what-
ever; and myself, as well as five of my brothers, have re-
sided upon and possessed the same from that time. I
have broken up lands, opened a main ditch from the Rio
del Norte for irrigating the land, built a house with four
rooms, and two strong towers for defense against the en-
emy in case of an invasion, being on the frontier ; and the
portion belonging to Antonio Zisneros was bought by me
at royal sale from Josefa Lujan, widow of the said An-
tonio Zisneros, which sale was effected and took place be-
fore the Captain Antonio Montoya, who at that time was
judge of first instance; and, whereas, all the said instru-
ments, deeds, and titles belonging to said tract and lands
have been lost and I have not been able to find them al-
though I have diligently sought for them, and although
the laws would protect me in holding them, being in pos-
session in good faith, in case I have not registered them,
however justice intervening, your excellency will be
pleased in view of what I have stated, to grant to me, in
the name of his Majesty, the said tract and arable land,
also for raising cattle and horses, with waters, pastures,
woodland, and watering places, in the manner in which
said royal possession was given to me, and to the boundary
signed and measured by Lieutenant-General Juan Paez
Hurtado, who ran the line from the said pueblo of San
Juan to where he ordered a cross to be placed as proof of
192 THE SPANISH ARCHIVES OF NEW MEXICO
a boundary, and the others up the river to the canon
which reaches to El Embudo, and on the east to the river,
which leads from Chimayo to the Pueblo of Picuries, and
on the west to a table land on the other side of the Rio
del Norte; all of which was given to me in royal posses-
jsion by the said sergeant-major as above stated.
"SEBASTIAN MARTIN"
"In the capital city of this kingdom and province of
New Mexico, on the twenty-third day of the month of May,
in the year one thousand seven hundred and twelve, the
foregoing petition was presented before me, Admiral Don
Joseph Chacon Medina Salazar y Villasenor, gentleman
of the Order of Santiago, Marques de la Penuela, gov-
ernor and captain-general of the said kingdom, its pro-
vinces, and Castellan of its forces and garrisons by His
Majesty, the contents whereof having been seen by me, I
consider it presented as the law requires; and in consid-
eration of its contents and the reasons upon which he
bases his petition, I confer upon him the new grant as he
has held, enjoyed, and possessed it, as appears by his pe-
tition, and of which I declare him to be the lawful owner,
notwithstanding any right which any of said citizens may
claim to said lands, who now, or hereafter shall be heard
in court or out of court ; and I pray and enjoin upon my
successors to protect him in the rights he is so justly en-
titled to, as during the time of my government, I have
known him to be the lawful owner thereof, as is well
known, declaring, as I do declare, without any legal right,
any person who, with evil intentions, shall denounce said
land, or who shall enter suit against the petitioner for any
private end or any sinister motive, against the said Se-
bastian Martin ; and by virtue thereof I hereby revalidate
and confirm this grant, as he requests, in order that he
may enjoy the same for himself, his heirs and successors,
without injury to his person, declaring, as I do declare,
as null and void, any other instrument (with which an
adverse claim might be set up against him) the said Se-
bastian Martin having occupied the land as his Majesty
directs, and having remained there at the immediate risk
of losing his life by the hands of the common enemy, said
tract being situate on the frontier, where he has persisted
in remaining up to this day ; and I direct my secretary of
government and war, Sergeant Cristobal de Gongora, to
Facsimile of Signature of Don Domingo Jironza Petriz de Cruzate, Governor and
Captain-General, 1683-6, 1689-91.
Facsimile of Signature of Don Joaquin Codallos y Rabal,
Governor and Captain-General, 1744, 1749.
Facsimile of Signature of General Felix Martinez, Gov-
ernor and Captain-General, 1715-1717.
Facsimile of Signature of Don Juan Ignacio
Plores Mogollon, Governor and Captain-Gen-
ral, 1712-1715.
Facsimile of Signature of Don Pedro Rod-
riguez Cubero, Governor and Captain-General,
1697-1703.
THE SPANISH AECHIVES OP NEW MEXICO 193
proceed to said tract of land and leave the said Sebastian
Martin in quiet and peaceable possession, assigning him
the boundaries he asks for.
"EL MARQUES DE LA PENUELA
"Before me:
"XPTTOBAL DE GONGORA,
' ' Secretary of Government and War. ' '
The original of this document is very much worn and
in places the writing is almost entirely obliterated.
It bears the seal of the governor's coat of arms. A
portion of this land was given to the town of Las Trampas
by the original grantee, Captain Martin.
699 JOSE DE LA PENA. Santo Domingo. No date.
Petition for lands between the pueblos of Santo Domingo
and San Felipe. No action.
700 HEIES OF PINO vs. HEIRS of GUTIEEEES. Chi-
huahua, 1909.
Letter of Francisco del Valle, of the Real Audiencia.
701 JOSS UVALDO PINO.
Petition. 1811. For lands in "El Sausal." Valencia
county. Manrique, Governor. Jose Antonio Chaves, Al-
calde.
702 JOSfi ANTONIO PADILLA.
Petition, 1814. Sevilleta. Ejectment. Manrique, Gov-
ernor. Jose Antonio Chaves, Alcalde.
703 JUAN DE BIOS PENA, Francisco Ortiz and Juan Bau-
tista Aguilar.
Petition for lands on the Pecos. Santa Fe, 1814. Manrique
Governor. No final action.
"To the lieutenant colonel and acting governor, Juan
de Dios Pena, a retired ensign of this royal garrison, for
himself and in the name of Don Francisco Ortiz, 2d, and
Don Juan de Aguilar, residents of this capital, appear be-
fore your excellency with the greatest attention and due
respect that by law is conferred, and saith : Sir, that hav-
ing large families and owners of some stock, and not
owning sufficient pasture ground for our animals, nor
sufficient tillable land for the very necessary maintenance
of ourselves and families, we have recorded a tract of
194 THE SPANISH ARCHIVES OF NEW MEXICO
land at this time, wild and unsettled, which is situate in
the vicinity of the Pecos Pueblo, to the west, beyond the
limits of the Pueblo, as is well known by the protector of
the Indians and the alcalde of that jurisdiction, both of
whom are aware that our petition is not in prejudice to a
third person nor to the Indians of that district, for which
reason we present this petition that if your excellency
may deem it proper, and being your pleasure, respectfully
ask that you will grant the same to us in the name of
H. M., (whom may God preserve,) (de S. M. Q. D. G.)
obligating ourselves to settle and cultivate the same with
the greatest possible exertions, and will keep arms, horses,
horse equipage, and all other necessaries for our pro-
tection and the defense of the country. Therefore we re-
spectfully ask and request your excellency to be pleased
to order to be done as we petition, that in so doing we
will receive the mercy and grace we petition for.
"JUAN DE DIGS PEN A
"Santa Fe, March 28, 1815."
"Santa Fe, March 27, 1815.
"Let the Protector of the Indians report.
"MAYNES"
"In exact compliance to instructions from H. E., and
in view of the solicitude of the petitioners of the said tract
of land I answer: Sir that the said tract of land is
independent of the league and labor of the natives of that
pueblo, at regular distance and entirely separated from
the possession of said pueblo, nor is it in injury to a third
person. Your excellency can, therefore, accede and con-
cede the grant, it being your pleasure to do so, because
the wish of the king is that the desert tracts and places
shall be settled, permanent settlers having arms, horses,
horse equipage, and all other necessaries for their defense
as they promise to keep. In which view you may grant
their petition, or as you may please to determine which
will be best. FELIPE SANDOVAL.
"Santa Fe, March 28, 1815."
' ' The first alcalde of this capital will make a report of
what he knows of himself or by the reports of others re-
lative to their petition. MAYNES"
" Santa Fe, March 28, 1815.
"To THE GOVERNOR OP THIS PROVINCE:
In view of the protector's report, I would say: Sir,
that everything therein set forth is true, and your excel-
lency may determine as you may deem proper, for the
THE SPANISH ARCHIVES OP NEW MEXICO 195
petition presented by the parties does not injure any
person. MATIAS ORTIZ"
' 'Santa Fe, March 29, 1815.
"The first alcalde, Don Matias Ortiz, being acquainted
with the order of the establishment, will comply with the
petition, who will measure the pieces (suertes) of tillable
land, limiting the grants solely to the land they plough
and plant, with the obligation that they shall enclose the
same to prevent the recovery of damages, because the
ground must be common and public pastures for the In-
dians and citizens that have a right therein.
"MAYNES"
''Santa Fe, June 30, 1815.
"In due compliance with the decree of the governor of
this province, Don Alberto Maynes, under date of the 29th
of March, one thousand eight hundred and fifteen, I, Don
Matias Ortiz, first alcalde of the town of Santa Fe and
its jurisdiction, proceeded to put in possession Don Juan
de Dios Pena, retired ensign, as principal petitioner of
this grant, and, at the same time, Don Francisco Ortiz
and Don Juan de Aguilar, as companions of said ensign ;
and, having arrived at the Pueblo of Pecos, I measured
the league commencing at the cross of the cemetery up
the river and having measured the entire league of the
Indians on the residue, I took Juan de Dios by the hand,
and at the same time his companions as partners in the
said possession, and conducted them over the ground,
placing them in legal possession, together with other in-
dividuals who entered in the same possession; whereupon
I delivered the same to them in the name of his Majesty,
(whom may God preserve) ; they pulled up grass, threw
stones, and cried out, saying long live the King of Spain,
my lord, Don Fernando Seventh, by the grace of God; I
then proceeded to deliver to each individual the pieces
(suertes )of land that he was entitled to, giving them to
understand that this grant protected them in the posses-
sion of the (suertes) land that I had delivered to them,
as also to lots for houses and building pens on, and that
the other land should remain common pasture ground and
watering places; whereupon they received possession
without any opposition. I directed them at the same time
that their houses should be built close together for their
own defense ; that they should enclose their fields, in order
not to claim damages; and, also, that they must cultivate
196 THE SPANISH ARCHIVES OF NEW MEXICO
their lands for the term of five years, in order to acquire
a good title thereto, and be able to sell the same to any
other person; and, further, that any person who should
abandon the land and not cultivate the same for one year,
the land should be taken from him and given to another ;
and therefore thus I approved, ordered, and signed, with
the witness in my presence, with whom I acted in the ab-
sence of a royal notary public, there being none of any
class in this government : to all of which I hereby certify.
"MATIAS ORTIZ
"Witnesses:
"JOSE SlLVA
"YGNACIO ORTIZ."
704 JOSS MAETIN PADILLA. Santa Fe, no date.
Inventory of his property, etc. No. 705, q. v.
705 JOSS MAETIN PADILLA, Santa Fe, 1818.
Inventory of his estate. Fernando Delgado, Alferez.
706 JOSfi MIGUEL PEEEZ. Abiquiu. 1818.
Registration of a mine.
707 JUAN ESTEVAN PINO vs. Jose Apodaca. Santa Fe,
1819.
Sale of a house in Santa Fe. Jose Francisco Ortiz, Al-
calde. Facundo Melgares, Governor.
708 JUAN ESTEVAN PINO, 1824.
Protest of people of San Miguel del Bado against grant to
him on their lands. Referred to the Territorial Deputa-
tion. Bias Baca, Sindico Procurator.
709 MAEIA MANUELA PEEEA vs. Jose Garcia de la
Mora, Alcalde. Abiquiu. 1824.
Question of lands bought from the Indians of Abiquiu.
Bartolome Baca, Governor.
710 PEDEO JOSfi PEEEA.
Grant on the Pecos, 1825. Made by the Territorial Depu-
tation. Antonio Chaves. Grant made at same time.
Bartolome Baca, Governor. Juan Bautista Vigil, Secre-
tary.
711 GEOEGE E. PEATT, Santa Fe. 1833.
Petition to erect a saw-mill and tannery in Santa Fe
THE SPANISH AKCHIVES OF NEW MEXICO 197
canon. No action taken because of ignorance as to
whether the place asked for was on land of Juan Jose
Lujan.
Reported Claim of Santiago Ramirez, q. v. This land
is below Monument Rock in Santa Fe cafion. Abreu,
Governor. Santiago Abreu, President of the Ayunta-
miento.
712 DIEGO PADILLA.
Will, Santa Fe, 1833. Antonio Sena, Alcalde.
713 JUAN ESTEVAN PINO vs. Ayuntamiento de Santa
Fe. 1837-36.
Question of land in said city. Albino Perez, Governor.
Agustin Duran, Alcalde. Francisco Ortiz y Delgado, Al-
calde.
Refers to Don Juan Rafael Ortiz as being Jefe Politico
Interino on December 10, 1836.
714 NICOLASA PEEEA vs. Juan Cristobal Armijo. Ber-
nalillo. 1844.
Question of lands. Tomas Ortiz, Alcalde.
715 MARIA ANTONIA PADILLA to Rafael Padilla. San-
ta Fe, 1844.
House and land. Tomas Ortiz, Alcalde.
716 JUAN GRIEGO and JULIANA SAIS, Ms wife and
Francisco Sais to Diego Arias de Quiros, Santa Fe.
1718.
House and land. Francisco Joseph Bueno de Bohorques
y Corcuera, Alcalde.
Juan Griego received a concession of lands just outside
the city of Alburquerque in 1708, as appears from the
record of deeds on file in Bernalillo county, New Mexico,
as follows:
"Let it be notorious and know all who may see this
letter of testimony, that before me, Captain Joseph Ig-
nacio de la Plaza, appeared Juan Griego and exhibited
to me a grant title which he has in his favor, made to the
Sergeant Cristobal de Gongora, which was somewhat torn
but free from any other suspicion, and its contents very
complete, and he asked me to make a literal copy of it,
198 THE SPANISH AECHIVES OF NEW MEXICO
the original to remain in the archives under my charge,
and it is as follows:
[On margin] " Petition of Juan Griego.
"The Sergeant Cristoval de Gongora appeared before
your excellency, Senor governor and captain-general, ask-
ing, that all the privileges allowed by law be given me,
and I say that being in this kingdom, burdened with a
family, and not having a piece of land to cultivate as a
settler of this kingdom, for this reason I register a rancho
uncultivated and unoccupied, which ruin was owned by
Luis de Carabajal, formerly in the town of Alburquerque,
between a rancho of Captain Diego Montoya and the house
of Captain Baltazar Romero, and on the north it is
bounded by lands of the said Captain Montoya, on the
south by lands of Francisco Lucero, on the east by [Note :
Here follow one or two words which I cannot make out]
mountain range, and on the west by the Rio del Norte,
which rancho and agricultural lands are a little less
than a quarter of a league in width, in order that I
may be able to raise crops and some stock, with entrances
and exits, free pastures and watering places, uses and
customs, that your excellency will be pleased said . . .
grant in the name of His Majesty, directing Captain Mar-
tin Hurtado, alcalde mayor of that jurisdiction, to give
real possesion to the said Captain Baltazar Romero in
my stead, and also granting me the favor to allow me a
long term for its settlement, in order that within such
term [Note: Here follows three words which I cannot de-
cipher.] said tract, wherefore of your excellency I beg
and pray that you will be pleased to admit this peti-
tion granting me that which I ask, as it is just, and I
swear by God our Lord and the Holy Cross that I do not
act in bad faith, and that which is necessary, &c.
"CRISTOVAL GONGORA
[ On margin : ] " Presentation.
"In the town of Santa Fe, capital of this kingdom and
provinces of New Mexico, on the twelfth day of the
month of December, of the year one thousand seven hun-
dred and eight, before me, Admiral Don Joseph Chacon
Medina Zalasar Villasenor, Caballero de la Orden de San-
tiago, Marques de la Penuela, governor and captain-gen-
eral of the said kingdom and provinces of New Mexico,
castellan of the forces and garrison of His Majesty:
[On margin:] "Decree.
"!T WAS PRESENTED by the person named in it, and
THE SPANISH AECHIVES OP NEW MEXICO 199
having examined it, I admitted it, with all the privileges
allowed by law; and being advised of the justness of his
petition I make him the grant of the said tract he asks
for, and I make it in the name of His Majesty, in order
that, as his own, he may enjoy it for himself and his
heirs, without prejudice to any third party who may have
a better right, and this decree shall serve as a special
title for him ; and I order the alcalde mayor of San Felipe
de Alburquerque to give royal possession in the form and
manner asked by the petitioner and without omitting a
single point of that which I order. And in order that it
may so appear thus I provided, ordered and signed, with
the undersigned secretary of government and war on the
said day at supra.
"EL MARQUES DE LA PENUELA
"By Order of the governor and captain-general:
"ALFONSO RAEL DE AGUILAR,
"Secretary of Government and "War.
[On margin:] "Royal possession.
' ' I, Martin Hurtado, alcalde mayor and war captain of
the town of San Felipe de Alburquerque, being informed
as to the contents of the order as above issued by the
Marques, governor and captain-general of this kingdom
of New Mexico, not discovering any better right, proceed-
ed to give possession to the said Captain Baltazar Romero,
in the form and manner contained in the petition of the
petitioner, the boundaries being those set forth in his peti-
tion, this possession being the most sufficient security that
he may enjoy them as his own, and I grant it in the name
of His Majesty, the pastures, waters, watering places, en-
trances and exits free, as he asks, and, in order that it
may so appear, I signed it, with assisting witnesses, acting
by delegated authority (receptoria) , in the absence of a
notary public or royal, of which there is none within two
hundred leagues of this kingdom, and it is done on the
tenth day of January, one thousand seven hundred and
nine, in this town of Alburquerque.
"Before me, Juez receptor, MARTIN HURTADO.
"Assisting witness, FRANCISCO DE LA CANDELARIA.
"Assisting witness, JUAN DE LA MORA PINEDA.
"It agrees with the original, whence I, the Ensign,
Joseph Ignacio de la Plaza, directed it to be taken lit-
erally from its original, to which I refer. It is certain
and true, corrected and compared, and there were present
to see it corrected and compared Captain Antonio de
200 THE SPANISH AECHIVES OF NEW MEXICO
Chaves and Antonio de Luna, residents of this town of
Alburquerque, where it is made, on the nineteenth day of
the month of May, one thousand seven hundred and
twenty-six.
"In testimony of truth I set my hand and rubric.
"MARTIN HURTADO" [rubric]
717 DOMINGO DE BALDES and ANA MARIA MAR-
QUES, his wife to Diego Arias de Quiros. Santa Fe,
1720.
Francisco Joseph Bueno de Bohorques y Corcuera, Al-
calde.
718 PEOPLE of PUEBLO QUEMADO.
Petition, 1749. To be permitted to return to said place
and cultivate their lands having been driven away on
preceding years by Indians. Joachin Codallos y Rabal,
Governor.
719 LOS QUELITES.
Grant, 1761. Reported Claim, q. v. Francisco Antonio
Marin del Valle, Governor. Miguel Lucero, Alcalde. The
names of the grantees are fully set out in this grant.
Mentions an attack made on the frontier of "San
Geronimo de los Thaos" by the Cumanches on August 4,
1760.
720 LOS QUELITES. 1765.
Revocation of Grant to certain parties of the first settlers.
Tomas Veles Cachupin, Governor.
721 JUAN MARTIN to Manuel Quintana. Pojoaque. 1769.
Land in Canada de Santa Cruz. Antonio Joseph Ortiz,
Antonio Joseph Ortiz, Alcalde.
722 ISIDRO MARTIN to Leonicio Quintana. Pojoaque.
1769.
Land in Canada de Santa Cruz. Antonio Joseph Ortiz,
Alcalde.
723 JOSE QUINTANA vs. Gregorio Garcia. 1775.
Question of sale of rancho in Santa Cruz. Don Pedro
Fermin de Mendinueta, Governor. Salvador Garcia de
Noriega.
THE SPANISH ARCHIVES OF NEW MEXICO 201
724 JUAN SEGURA to Miguel Quintana. Santa Fe, 1827.
Land in Canada del Tio Leonardo. Testimonio. Domingo
Fernandez, Secretario del Cabildo.
725 TEODOSIO QUINTANA.
Report of Committee of Ayuntamiento in regard to giving
him permission to build a portal to his house.
726 MAEIA DE LOS ANGELES QUINTANA and Jose Pablo
Griego to Gaspar Ortiz. Santa Fe. 1844.
Land. Tomas Ortiz, Alcalde.
Mentions the "Camino Real de Cuma." For "Cuma"
see No. 423 (Lucero de Godoy), leaf 3.
727 ANTONIO ORTIZ.
Grant, 1819. Reported Claim No. 42, q. v.
728 CLARA RUIZ DE CACERES vs. Pedro Barela de Lo-
sada. San Lorenzo de la Toma del Rio del Norte. 1682.
Question of lands. Antonio de Otermin, Governor. Juan
Lucero de Godoy, Alcalde.
This is the oldest of the archives in the office of the sur-
veyor-general. It bears the signatures, among others of
Don Antonio de Otermin, Nicolas Luzero de Godoy, and
Simon de Molina. The petition is addressed to the gov-
ernor, dated July 12, 1682, and is as follows :
* ' Clara Ruiz de Caceres, widow, a resident of the Prov-
inces of New Mexico and handmaid (asistenta) in this
military camp of San Lorenzo, appears before Your Ex-
cellency in the most ample form of law, waiving no rights
guaranteed to me favorable to my cause, and state : That
about one year ago the sergeant major, Sebastian de
Herrera gave me a hut (rancho) built by him and his
son-in-law, Nicolas Luzero, a hut for me to live in and for
me as I have lived and taken care of it and fixed it up as
my own.
"And now, without my being at my house (cassa) came
the Adjutant, Pedro Barela de Posada and went into my
hut and put all of my household goods outside, throwing
them out on the commons, without considering that they
might be stolen in my absence.
' ' For all of which I ask and pray that Your Excellency
be pleased to order said Pedro Barela to get out of the
said hut and leave it to me as it was given to me by the
204 THE SPANISH AKCHIVES OF NEW MEXICO
734 PEDEO FELIPE EODEIGUEZ.
Will, Santa Fe, 1784. Jose Maldonado, Teniente.
735 JUANDEMESTAStoIgnacioEoibal. Santa Fe. 1705.
Land on Cuyamungue river, adjoining Rancho Jacona.
Diego Arias de Quiros, Alcalde. Antonio Albares de Cas-
trillon.
Juan de Mestas Grant, Reported No. 80, was filed in the
office of the surveyor-general and was surveyed for an
area of more than 1,600 acres, all of which was within
the limits of the Pojoaque Grant. The court of private
land claims dismissed the claim.
One of the oldest grants is the one made to Juan de
Mestas, being the land mentioned in this archive. The
grant was made by Don Pedro Rodriguez Cubero, the
successor of General De Vargas; the land originally ap-
plied for is described in the petition as "extending from
the house erected by Don Jacinto Palaes (Captain) to-
ward the river-side, below the Pueblo of Pojoaque, and
to a bluff and hollow formed thereby, which are the
boundaries, and on the south side to the hills, and on the
north side to the same." Possession was given by the
sergeant major, Francisco de Analla Almazan, and the
maestre de campo, Roque Madrid. The land extended
toward the old pueblo of Jacona.
Town of Jacona Grant, Reported No. 92, was confirmed
by the court of private land claims and under the survey
contains 6, 952 acres. Of this there is a conflict with the
grant to the pueblo of San Ildefonzo amounting to 902
acres and nearly 2,776 acres of a conflict with the grant
to the pueblo of Pojoaque, and more than 1163 acres con-
flict with the grant to the pueblo of Tesuque. The grant
was patented November 15, 1909.
736 DIEGO MARTIN by his attorney, Juan de Dios Martin
de Sandobal, to Ursula Eamos. Villa Nueva de Santa
Cruz. 1710.
Land. Juan de Uribarri, Alcalde.
737 DIEGO DE VELASCO to Juan de los Eios. Santa Fe,
1712.
Land. Diego Arias de Quiros, Alcalde.
THE SPANISH AECHIVES OF NEW MEXICO 205
738 JUAN DE APODACA to Lorenzo Eodriguez. Santa Fe,
1712.
Land. Diego Arias de Quiros, Alcalde. Joseph Maria
G-iltomey.
739 ALPHONZO EAEL DE AGUILAE.
Grant. Mine. 1713. Juan Ignacio Plores Mogollon,
Governor.
740 JUAN ALONZO DE MONDEAGON and Sebastiana
Truxillo to Santiago Eomero. Villa Nueva de Santa
Cruz. 1713.
Land. Juan Garcia de la Ribas, Alcalde.
741 FEANCISCO XAVIEE EOMEEO. Grant. 1716.
Land in the Canada de Santa Cruz. Re-validated by
Phelix Martinez, Governor.
742 ANDERS DE LA PAZ and Francisca Antonia Guijosa to
Santiago Eomero.
House and lands in Canada de Santa Cruz. -Francisco
Joseph Bueno de Bohorques y Corcuera, Alcalde. Joseph
Manuel Giltomey.
Shows that Santa Cruz de la Canada was on the south
side of the river in 1720.
743 ANTONIO DE ABEYTIA to Francisco Eendon. Santa
Fe, 1721.
House and land. Francisco Joseph Bueno de Bohorquez
y Corcuera, Alcalde.
744 DIEGO DUEAN to ALONZO EAEL DE AGUILAE.
Santa Fe, 1721.
House and land. Bohorquez, Alcalde.
745 IGNACIO DE EOIBAL vs. Juan de Mestas. Villa Nu-
eva de Santa Cruz. 1721.
Question of boundaries. Don Juan Domingo de Busta-
mante, Governor.
746 FEANCISCO SAIS to Alonzo Eael de Aguilar. Santa
Fe, 1721.
Land. Diego Arias de Quiros, Alcalde. Miguel de San-
doval Martinez.
206 THE SPANISH AKCHIVES OF NEW MEXICO
747 MAEIA GUTIEEEES to Francisco Eendon. Santa
Fe, 1728.
Land. Diego Arias de Quiros.
748 FEANCISCO JOSEPH CASADOS and Maria de
Archiveque, his wife, to Jose Eiano. Santa Fe, 1729.
House and land. Diego Arias de Quiros, Alcalde. Dimas
Jiron.
749 MANUEL CASILLAS to Juan Phelipe de Eibera.
Santa Fe, 1731.
House and land.
750 BALTAZAE EOMEEO to Juan Jose Eomero. 1752.
Reported Claim No. 109, q. v. Francisca Antonia Gijosa.
751 CEISTOVAL XAEAMILLO. Alburquerque, 1736, to
Matias Eomero.
Land. Geronimo Xaramillo, Alcalde. Isidro Sanches.
752 DIEGO DE TOEEES and Maria Martin, his wife, of
Chama, to Nicolas Eomero. Villa Nueva de Santa Cruz.
1736.
Juan Estevan Garcia de Noriega, Alcalde.
753 FEANCISCO MAETIN and Casilda de Contreras, his
wife, of Embudo, to Juana Maria Eomero. Villa Nueva
de Santa Cruz, 1736.
Land in rancho called "Chico Payemo." Juan Estevan
Garcia de Noriega, Alcalde.
754 DIMAS GIEON DE TEGEDA and Ignacio Eoibal vs.
Juan Eodriguez. 1736.
Question of lands in Rio Arriba. Gervasio Cruzat y Gon-
gora, Governor.
755 MAEIA DE SAN JOSEPH. San Geronimo de Taos.
1735.
Division of her property. Gervasio Cruzat y Gongora,
Governor. Francisco Guerrero, Alcalde.
756 JUAN EODEIGUEZ.
Will, inventory, and partition of his estate. Santa Fe,
THE SPANISH AKCHIVES OF NEW MEXICO 207
1738. Henrique de Olavide y Michelena, Governor. An-
tonio Montoya, Alcalde.
757 MARCIAL GARCIA of Alburquerque to Melchor Rod-
riguez. Santa Fe. 1738.
Land in Santa Fe. Antonio Montoya, Alcalde.
758 JOSEPH DE RIANO vs. Juan Lucero. Santa Fe, 1732.
Question of entrances and exits in Santa Fe. Gervasio
Cruzat y Gongora, Governor. Juan Lucero de Godoy.
On page 2 or leaf 16 of this manuscript it appears that
at one time there was a church on the north side of the
plaza, either immediately adjoining or within a very few
varas of the Palace of the Governors. This is the church
referred to in archives No. 8 and No. 169, and it was in
this church in all probability that the body of Don Diego
de Vargas was interred. See his will.
759 DIEGO ROMERO.
Will, Taos, 1742. Francisco Guerrero, Alcalde. Re-
ported Claim No. 158, q. v. Cristobal de la Serna, of
Los Ranchos de Taos.
760 ANDRES ROMERO, Francisco Romero, Antonio de
Atencio, Antonio Duran de Armijo.
Petition for partition of lands of the estate of Diego
Romero. San Geronimo de Taos, 1743. Rancho called
"Rio de Las Trampas." Francisco Guerrero, Alcalde.
Reported Claim No. 158, q. v. Archive No. 759
761 FRANCISCO MAGRINAN. Santa Fe, 1744.
Registration of a mine. Situate three leagues from the
pueblo of Picuries. Joachin Codallos y Rabal, Governor.
Joseph de Terrus; Francisco de Roa y Carrillo; Joseph
Romo de Vera.
762 JOSS RIANO. Santa Fe, 1744.
Proceedings in the settlement of his estate. Joachin Co-
dallos y Rabal, Governor; Antonio Aramburu; Antonio
Hulibarri, Alcalde.
763 FRANCISCO ORTIZ. Santa Fe, 1744.
Registration of a mine near the pueblo of the Picuries.
Donation of the same to Francisco Roa y Carillo. Joachin
Codallos y Rabal, Governor.
208 THE SPANISH ARCHIVES OF NEW MEXICO
764 FEANCISCO GUEEEERO. Santa Fe, 1744.
Registration of a mine near the pueblo of the Picuries.
Donation of the same to Francisco Roa y Carillo. Codal-
los y Rabal, Governor.
765 ALFONZO RAEL DE AGUILAR. Will. Santa Fe,
1745.
Antonio Ulibarri, Alcalde.
Alfonzo Rael de Aguilar or Pueblo of Cuyamungue
Grant. Reported No. 81. This grant was approved by
the surveyor-general for about 6 acres, all of the land
being within the limits of the Pueblo of Pojoaque Grant.
The court of private land claims rejected the grant. This
is not the Bernardo de Sena Grant which was confirmed
by the court of private land claims.
766 MANUEL MONTOYA and Pedro de Holiba to Juan de
Dios Romero. San Francisco Xavier del Pueblo Que-
mado, Partido de Chimayo. 1750.
Land. Juan Joseph Sandoval, Alcalde.
767 SEBASTIAN MARTIN to Manuel Ramos Barela. San
Xavier del Pueblo Quemado. Partido de Chimayo,
1750.
Land. Juan Joseph Sandoval, Alcalde.
768 MANUEL RAMOS.
"Will, Pueblo Quemado, 1750. Juan Joseph Sandoval, Al-
calde.
769 HEIRS of ALPHONSO RAEL DE AGUILAR, Santa
Fe, 1750.
Petition for possession of Grant made to him. Petition
refused. Tomas Veles Cachupin, Governor. Juan An-
tonio Gonzales del Peral. Joseph de Bustamante de Tagle.
770 JOSEPH RIANO, Santa Fe, 1753, to Nicolas Ortiz.
Land.
771 JUAN DE DIOS ROMERO.
Grant. Nicolas Romero, Julian Romero, Miguel Des-
pinosa, Ventura Despinosa, Xavier Romero, Cristobal
Martin, Bernardo Romero, Salvador Espinosa, Tadeo Es-
THE SPANISH ARCHIVES OF NEW MEXICO 209
pinosa, Domingo Romero, Francisco Vernal, Joseph Man-
uel Gonzales, Juan Luis Romero.
Grant made by Tomas Veles Cachupin, Governor. Pos-
session given by Juan Joseph Lobato, Alcalde, 1754. One
hundred and fifty varas were given to each settler and one
league of " egido" to them all in addition to house and
lot and garden in the town. The boundaries of the "egido"
are: East: la toma de la acequia de el rio del Pueblo Que-
mado; west: el camino real que para Picuries-, north:
las corrientes del no de las Truchas; south: el alto in-
mediato al referido Rio Pueblo Quemado. Name of the
town; Nuestra Seiiora del Rosario San Fernando y San-
tiago.
772 PEDEO TAFOYA to Salvador Matias de Eivera. 1755.
Santa Fe.
House and lot. Francisco Guerrero, Alcalde.
773 JUAN JOSEPH MORENO. Grant. 1754.
Land in Santa Cruz. Made by Joachin Codallos y Rabal,
Governor. Possession given by Manuel Sanz de Garvisu,
Alcalde.
JUAN JOSEPH MORENO and Juana, his wife, to San-
tiago Roibal. Vicario y Juez Eclesiastico.
Donation, Santa Fe, 1755. The land included in the
above grant. Francisco Antonio Marin del Valle, Gover-
nor. Juan Francisco de Arroniz; Antonio Aramburu;
Manuel Sanz de Garvisu; Phelipe Jacobo de Vuanue.
74 MANUELA RAEL DE AGUILAR.
Will, San Antonio, 1758. Also proceedings in the parti-
tion of her estate. Francisco Antonio Marin del Valle,
Governor.
775 GREGORIO CRESPIN to Antonio Rivera. Santa Fe,
1762.
House and land. Manuel Gallego, Alcalde.
776 JUANA ROMERO.
Will, Cieneguilla, 1762. Manuel Gallego, Alcalde.
777 BLAS LOVATO to Tomas Roibal. Santa Fe. 1764.
House and lot. Francisco Guerrero, Alcalde.
210 THE SPANISH ARCHIVES OF NEW MEXICO
778 FEANCISCO XAVIER ROMERO, son of Diego Ro-
mero.
Question of boundaries with Andres Romero. Private
Land Claim No. 158, q. v. Cristobal de la Serna Grant.
779 FRANCISCO XAVIER RODRIGUEZ.
Will, 1764. Santa Fe. Tomas Madrid, teniente.
780 SAN GAVRIEL DE LAS NUTRIAS.
Grant, 1765. On Rio Grande near Belen. Made by
Tomas Veles Cachupin, Governor. Originally to 30 fam-
ilies, the names of which are given in the grant No. 645
and 781, q. v.
781 FRANCISCO ROMERO, alias "Talache Coyote." In-
testate. Taos. 1765.
Inventory of his estate. Tomas Veles Cachupin, Gover-
nor. Reported Claim No. 158, q. v. Grant to Cristobal
de la Serna.
782 JOSEPH MIGUEL DE LA PENA to Nicolas Rael de
Aguilar. Santa Fe. 1765.
House and land. Francisco Guerrero, Alcalde.
783 MARIA ROMERO. Embudo. 1766. vs. Maria An-
tonia Villapando.
Question of land. Felipe Tafoya, Procurador; Tomas
Veles Cachupin, Governor.
784 TORIBIO DE ORTIZ to Manuel Rodriguez. Santa Fe.
1766.
House and land. Francisco Guerrero, Alcalde. Juan
Francisco Nino Ladron de Guebara, Francisco Estevan
Tafoya.
785 JUAN DE LEDESMA to Vicente Rodriguez. Santa Fe.
1767.
House and land. Francisco Guerrero, Alcalde, Fran-
cisco Xavier Fragoso.
786 MARIA ROSALIA ROMERO vs. Pablo Salazar. 1768.
Question of boundaries of contiguous ranches in Sandia.
Pedro Fermin de Mindinueta, Governor. Domingo de
Luna.
THE SPANISH ARCHIVES OF NEW MEXICO 211
787 JUAN ANTONIO RODRIGUEZ to Isidro Rodriguez.
Santa Fe, 1768.
House and lot. Phelipe Tafoya, Alcalde. Lucas Moya,
Antonio de Annenta, Joseph Garcia de la Mora.
788 JOSEPH MIGUEL DE RIVERA. Santa Fe, 1769.
Phelipe Tafoya, Alcalde. Joachin Lain.
789 MARIA MESTAS to Juan Bautista Romero. 1769.
Land in Cuyamungue. Antonio Josef Ortiz, Alcalde.
Manuel de Arteaga.
790 JUANA ROIBAL.
Will, Santa Fe, 1770. Phelipe Tafoya, Alcalde. Antonio
Joseph Garcia de la Mora.
791 SAN GABRIEL DE LAS NUTRIAS.
Grant, 1771. Commission to settle to sixteen families.
Pedro Permin de Mendinueta, Governor; Joseph Garcia
de Noriega, Alcalde; Antonio Duran; Joseph Gonzales
Serna. No. 645 and 780, q. v.
792 MIGUEL ROMERO. Will.
Inventory and partition of his estate. Cochiti, 1771.
Nerio Antonio Montoya, Alcalde ; Pedro Antonio Trujillo ;
Manuel Garcia Pareja, Alcalde; Andres Montoya; Joseph
Miguel de la Pena; Antonio Moreto.
793 MARIA MANUELA OLGUIN vs. Maria Estela Palo-
mino Rendon. 1770. Santa Fe.
Question of inheritance of the two children of plaintiff,
grandsons of Joseph Miguel Tafoya, deceased, who is the
husband of defendant. Pedro Fermin de Mendinueta,
Governor. Santiago Roibal, Juez Eclesiastico, Salvador
Ribera, Joseph Miguel de la Pena.
794 JUAN ANTONIO ARCHULETA to Vicente Rod-
riguez, Santa Fe, 1771.
Land. Manuel Garcia Pareja, Alcalde. Antonio de Ar-
menta, Antonio Joseph de la Mora.
795 TORIBIO ORTIZ to Manuel Rodriguez. Santa Fe,
1772.
Land. Manuel Garcia Pareja, Alcalde. Joseph de Ar-
menta.
212 THE SPANISH AECHIVES OF NEW MEXICO
796 SALVADOR DE ARCHULETA to Vicente Rodriguez.
Santa Fe, 1772.
Land. Manuel Garcia Pareja, Alcalde. Simon de Ar-
menta.
797 MARCOS RODRIGUEZ.
Will, Santa Fe, 1772. Manuel Garcia Pareja, Antonio de
Armenta.
798 JUAN ANTONIO GURULE to Domingo Romero.
1775.
Land in the Cienegmlla which he inherited from his wife,
Maria Montoya. Manuel Garcia Pareja, Alcalde. Joseph
de Armenta. Reported Claim The Cienegmlla Tract,
q. v.
Domingo Romero was the grantee of the Mesita de
Juana Lopez along with Miguel Ortiz and Manuel Ortiz,
his half brothers the grant was made by Governor Juan
Bautista de Anza, 1782. Madrid coal mines are on this
property.
799 MIGUEL ROMERO. Canada de Cochiti. 1775.
Inventory and partition of his estate. Pedro Fermin de
Mendinueta, Governor. Juan Antonio Lujan, Tomas de
Sena, Miguel Ortiz, Domingo Labadia.
800 MANUELA ROIBAL.
Will, Santa Fe, 1778. Joseph Miguel de la Pena, Antonio
Serrano.
801 GRANT OF LAND on Rio Colorado to 50 Families.
1842.
Correspondence on this subject between J. Andres Archu-
leta, prefect of the first district, and Guadalupe Miranda,
Secretario de Gobierno. Question as to the right of the
prefect to grant lands for agricultural purposes. Report-
ed Claim No. 93.
In the year 1836, the ayuntamiento of Taos made this
grant to Antonio Elias Armenta, Jose Victor Sanches and
Jose Manuel Sanchez. Don Antonio Jose Ortiz, Don San-
tiago Martinez and Juan Antonio Lobato were members
of the ayuntamiento as was also Dr. David Waldo, an
American citizen. This property is known as the Canyon
del Rio Colorado ; the grant was made under powers given
THE SPANISH ARCHIVES OF NEW MEXICO 213
to alcaldes and ayuntamientos known as the "Siete
Leyes;" according to Don Donanciano Vigil this law was
repealed in 1838.
In 1829, being a sergeant of the Santa Fe Company,
Vigil accompanied a body of 200 soldiers on a campaign
against the Utes and was at the little town of Eio Colo-
rado which at that time had about fifty families. The
houses were all equipped with ''loop-holed" battlements
for the purpose of safety in fighting off Indians. In 1845
Captain Pablo Dominguez was sent from Santa Fe into
this part of the country on a campaign against the Chey-
enne (Panana, Dominguez calls them) Indians who had
been raiding in that country killing shepherds.
802 VICENTE EOIBAL and MAECELINO ORTIZ.
Archive No. 398, q. v.
803 MARIA LUISA RIBERA.
Will. Santa Fe, 1823. Manuel Baca, Sargento.
804 JOSE GUADALUPE ROMERO andlGNACIO BACA.
Petition, Santa Fe, 1824.
Asks for land. No action taken.
805 PABLO ROMERO and others.
Petition. 1824. Land on the Chama river. Referred by
Truxillo, president of the jurisdiction of Abiquiu, to Bar-
tolome Baca, jefe politico.
806 MIGUEL RIVERA. No. 807, q. v.
807 MIGUEL RIVERA and six others.
Grant. Land on the Pecos. Made by Diputacion Pro-
vincial on March 3, 1825. Boundaries : East : The Arroyo
que baja de la sierra y pija al rio; y por abajo la bareda
que baja del Tecolote y Casita que le llaman de la Guada-
lupe; por el orient e queda tambien la sierra, y al poniente
el citado rio."
808 MIGUEL RIVERA vs. Diego Padilla. Santa Fe, 1825.
Petition to Diputacion Territorial. No action taken. Land
in San Miguel.
809 MANUEL RIVERA.
Petition for land in the Arroyo Hondo. Santa Fe. No
final action taken. 1827.
214 THE SPANISH AECHIVES OF NEW MEXICO
Quintana, Secretary of the Territorial Deputation. Jose
Francisco Baca, Governor. Juan Jose Lujan, Sindico
Procurador. Vincente Baca, of the Ayuntamiento. Do-
mingo Fernandez, Secretary of the Ayuntamiento.
Domingo Fernandez, who appears in this archive, in his
testimony before the surveyor-general of New Mexico,
says that he was the collector of rents and tithes of the
religious society known as "Nuestra Senora de la Luz."
It has been claimed that the society, known as the "Pen-
itentes, ' ' had its origin in New Mexico with that of Nues-
tra Sefiora de la Luz ; this is not correct. The last named
society became the owner by purchase of what is known
as the "Lamy Grant " or rancho. Domingo Fernandez
gives us the names of the vicarios of the Catholic church
in New Mexico from the time of the establishment of Mex-
ican sovereignty down to the administration of Arch-
bishop Juan B. Lamy; they were, prior to 1820. Rt. Rev.
Francisco Ygnacio de Madariaga. The "chief brother "
of the Society of Nuestra Senora de la Luz at that time
was Don Fernando Chacon. Rt. Rev. Juan Tomas Ter-
razas succeeded Madariaga, and he in turn was succeeded
by Rt. Rev. Juan Felipe Ortiz. The society applied to
Governor Facundo Melgares for an order upon all "per-
sons indebted to such society" to pay forthwith. This
petition was referred to the constitutional justice of Santa
Fe, Don Juan Estevan Pino, who compelled Fernandez
to give a list of all those who were so indebted ; this was
done, and it appeared that Carlos de Herrera had, in his
lifetime, 500 sheep belonging to the "society," which he
had lost, and in payment of the debt he left by will a
farm called "El Caiion." Fernandez stated that this
farm had been secured by Herrera from Diego Antonio
Baca, who had acquired it from the government in ex-
change for a house and lot in Santa Fe, which was used
for building a barracks for the soldiers.
Domingo Fernandez was born in the City of Santa Fe
in 1786. He was a member of the ayuntamiento of Santa
Fe for a number of years; was chief alcalde, and under
the government of the United States during the Military
Occupation period, was circuit attorney of the first dis-
trict.
810 JOSE: EODEIGUEZ. Santa Fe, 1827. Juicio de Apeo.
Rodriguez lost his title deeds and asked the court to es-
THE SPANISH ABCHIVES OF NEW MEXICO 215
tablish them by reference to the titles of his colindantes,
which was done.
811 RAFAEL FERNANDEZ and Miguel Gonzales.
Petition for lands. 1829. Report of committee on me-
morial of Mariano Rodriguez, protesting against granting
said lands. Jose D. Fernandez et al., File 71, q. v.
812 REPORT of Committee appointed by the Territorial
Deputation to give opinion in the matter of the refusal of
the Deputation to grant lands to Jose Guadalupe Ro-
mero and Manuel Bustamante, and later to grant the
same to other persons.
On the question as to the power of the Deputation to
grant the lands the Committee says: "no queda duda de
que estubo en las atribuciones de la Exma. Diputacion, a
donar el precitado terreno a las que actualmente Ib
poseen."
813 DOLORES JALLONO, Ignacio Ladron de Guevara,
and Marcelino Abreu to Antonio Roubidoux. Santa Fe.
1834.
Mine in the Cerro del Oro. Santiago Abreu, Alcalde.
814 JOSE DOLORES ROMERO vs. Manuel Romero, Santa
Fe. 1844.
In the matter of a house sold without the consent of the
plaintiff and his brothers and sisters by his mother, etc.
Jose Francisco Baca y Terms, Alcalde.
815 THIS ARCHIVE contains three papers which are ap-
parently rough copies of documents in as many differ-
ent suits. They are not signed and bear the date of
1846. Reference is made in them to the Las Huertas
Grant. Reference is also made to Jorge Ramirez and
to Jose Maria Mier.
816 CORPORATION of the City of Santa Fe. 1692.
Testimonio of a Petition asking for extension of lands.
Incomplete.
Further on is given the opinion of the supreme court of
the United States in the "Santa Fe Grant" case. When
216 THE SPANISH AECHIVES OF NEW MEXICO
this claim of the City of Santa Fe was heard in the court
of private land claims, Associate Justice Murray dis-
sented, his judgment as to the law afterward becoming
the law of the court in similar cases. For historical rea-
sons the dissenting opinion is given in full.
' ' The city of Santa Fe, claiming, as the successor of the
ancient town formerly known as La Villa Real de San
Francisco de Santa Fe, filed its petition in this court, ask-
ing for a confirmation to it of four square leagues of land
in trust for the use and benefit of all the inhabitants and
occupants thereof. This cause was heard, together with
a number of others, in which the petitioners pray for a
confirmation of Spanish grants to them for land within
the four square leagues claimed by the city. It was not
claimed that a grant was, in fact, made to the pueblo for
any quantity of land, or that four square leagues, or any
other quantity, was ever surveyed or set apart to it; but
counsel insists that on the settlement of the pueblo the
title to four square leagues passed to it by operation of
law and that all subsequent grants made by authority of
the sovereign to private parties within the four leagues
are null and void, and a majority of my brother judges
so hold.
' ' The rights of the petitioner must be determined by the
law in force at the date of the supposed grant. The cedula
of King Phillip II, issued in the year 1511, provided for
the settlement of new towns, or pueblos, but there is no
mention of four leagues or any other specific quantity of
land to be granted. The quantity to be granted was left
entirely to the discretion of the governor or viceroy.
(Hall's Mexican Law, pp. 17 and 18.) In the case of
Juan Sandoval et al. vs. The United States, decided at the
present term of this court, the grant for the purpose of
establishing a pueblo was made by the governor to fifty-
one persons, and the land granted was about 315,000
acres.
' * Now, if this law was in force when the ancient pueblo
of Santa Fe was settled, the court might presume that a
corporation existed, but I can not see how it would be
possible to determine the quantity of land (if any) that
such corporation would be entitled to.
"It is alleged in the petition that the 'pueblo was in
existence prior to 1680, and that prior to that date said
town or villa contained a population exceeding thirty-five
THE SPANISH AKCHIVES OF NEW MEXICO 217
families in number, and that there was not any city or
village of Spaniards situated within five leagues of said
town or villa.' From the foregoing statements I infer
that the organization of the ancient pueblo is claimed
under the provisions of the law of Spain in relation to the
settlement of new towns and pueblos by contractors, who
might undertake to settle not less than thirty families.
This law provides that if the contractor complied with the
law in such cases that there shall be granted to him four
square leagues of land, etc. The land is granted to the
contractor, and not to the town or pueblo. A town might
be established by a contractor with ten families, but in
that event only one-third of four square leagues was to be
granted.
"The lands where thirty families were settled were di-
vided as follows : ' The tract or territory granted by agree-
ment to the founder of a settlement shall be distributed
in the following manner. They shall, in the first place,
lay out what shall be necessary for the site of the town
and sufficient liberties (exidas} and abundant pasture for
the cattle to be owned by the inhabitants, and as much be-
sides for that which shall belong to the town (propios).
The balance of the tract shall be divided into four parts,
one to be selected by the person obligated to form the set-
tlement, and the remaining three parts to be divided in
equal portions among the settlers. These lots shall be
distributed among the settlers by lots, beginning with
those adjoining the main square, and the remainder shall
be reserved to us, to give as rewards to new settlers or
otherwise, according to our will, and we command that a
plan of the settlement be made out.' (See White's Recop.,
2 vol., p. 46.)
"The law in relation to the settlement of pueblos by
contractors, and the allotment of lands among the settlers
and the towns is in 2d White, from page 44 to 47. There
is no evidence in this cause tending to show that any al-
lotments of land were ever made among the settlers by the
town council or any authority, or that the town was set-
tled by ten or thirty families, or by the Government.
"Chief Justice Reed, speaking for a majority of the
court in this cause, said: 'Pueblos or towns were estab-
lished either by direct action of the Government or by
promoters or contractors who undertook to settle not less
than thirty families. When the establishment was made
218 THE SPANISH ARCHIVES OF NEW MEXICO
directly by the Government no express grant of land was
made, but the appropriation of a quantity sufficient for
the purpose of the towns was by general custom or by
operation of general laws. The city of Santa Fe appears
to have been established in that manner.'
' ' The law of Spain in force in relation to the settlement
of new towns and pueblos by the Government in New
Spain prior to 1789 left the question of the quantity of
land to be granted wholly in the discretion of the governor
or viceroy.
"Nothing whatever is to be found in the law in regard
to any town or pueblo so established being entitled to four
square leagues or any other quantity of land by operation
of law. (White's Recop., vol. 2. pp. 47, 48, 49, 50, and
51.) So if the ancient pueblo of Santa Fe was established
by the Government as early as 1693, as stated in the opin-
ion of the court, I do not see on what ground the court
could presume a grant to it by operation of law to any
specific quantity of land. The authorities referred to by
the court as sustaining the position assumed by it in rela-
tion to towns and pueblos being entitled to four square
leagues of land when recognized by the Government have
no sort of application to towns and pueblos established by
the Government prior to 1789.
' ' The Republic of Mexico adopted the laws of Spain in
relation to towns and pueblos, and the rights of towns and
pueblos established by Mexico have been adjudicated by
the supreme court of the United States in a number of
cases growing out of the act of March 3, 1851, for the set-
tlement of private land claims in California. In the case
of Brownsville vs. Cavazos (100 U. S., p. 138), Mr. Justice
Field said : ' Previous to the revolution which separated
Texas from the Republic of Mexico, Brownsville consti-
tuted a portion of Matamoras, which was recognized as a
town in 1826 by a decree of the congress of Tamaulipas,
one of the states of Mexico. By the laws of Mexlco> in
force at that time, pueblos or towns, when recognized as
such by public authorities, became entitled for their use
and benefit, and the use and benefit of their inhabitants,
to certain lands embracing the site of such pueblos or
towns and adjoining territory to the extent of four square
leagues. This right was held by the cities and towns of
Spain for a long period before her conquests in America,
and was recognized in her laws and ordinances for the
THE SPANISH ARCHIVES OF NEW MEXICO 219
government of her colonies here.' (Laws of the Indies,
White's Recop., vol. 2, pp. 44; Townsend vs. Greely, 5
Watt., p. 326; Gresar vs McDowell, 6 Watt., p. 363.)
' ' The law referred to by the learned judge, on page 44
of White's Recop., provides for the settlement of pueblos
and towns by contractors, with not less than thirty heads
of families, hereinbefore referred to, and does not apply
to pueblos and towns established by the Government prior
to the royal instruction of 1789. In the case of Townsend
vs. Greely, supra, Mr. Justice Field delivered the unani-
mous opinion of the supreme court of the United States,
and explains what is meant in the case of Brownsville vs.
Cavazos by the laws of Mexico in force in 1826, which
gave to pueblos and towns certain right to four square
leagues of land. The learned judge said : ' The royal in-
structions of 1789 for the establishment of the town of
Pitic, in the province of Sonora, were applicable to all
new towns which should be established within the district
under the commandant-general, and that included Cali-
fornia/ (It also included New Mexico and the State of
Tamaulipas. ) ' They gave special directions for the estab-
lishment and government of the new pueblos, declared
that there should be assigned to them four square leagues
of land, and provided for the distribution of the building
and farming lost to settlers, the laying out of pasture
lands and lands from which a revenue was to be derived,
and for the appropriation of the residue to the use of the
inhabitants.' These royal instructions did not attempt to
confer any right to lands on pueblos or towns then in ex-
istence. But if the town of Santa Fe had a grant to the
four square leagues claimed, the undisputed facts of this
case show that all the land granted to other parties by the
Spanish Government within the limits of the four leagues
should be excluded from the decree. As before stated, no
allotments of lands were ever made to the settlers. The
four leagues were never surveyed or set apart to the town.
The legal title, with full power to dispose of the land, re-
mained in the sovereign. (Townsend vs. Greely, 5 Wall.,
326-338 ; Alexander vs. Rowlett, 13 Wall., 388 ; U. S. vs.
Pico, 5 Wall., 540 ; Hurt vs. Burnett, 15 California, 530,
20 id., 480; Pueblo Case, 4 Sawyer, 566; Brownsville vs.
Cavazos, 100 U. S., 138; Grisar vs. McDowell, 6 Wall.,
379; Hall's Mexican Law, Sec. 122, p. 53.)
"It was the policy of the Spanish Government to en-
220 THE SPANISH AECHIVES OF NEW MEXICO
courage the settlement of new towns and pueblos by giv-
ing to them, and the inhabitants thereof, certain rights
and easements to large quantities of land outside of the
small lots to be assigned to the settlers and to which they
obtained a fee simple title by four years' use and occupa-
tion. It must, however, have been well understood by the
authorities of such towns and pueblos and the inhabitants
thereof that the Government reserved the right to sell or
otherwise dispose of such lands, except the small allot-
ments to the inhabitants and the necessary ground for
plaza, streets, corporation buildings, etc. In 1808, a gen-
eral law was promulgated, which provided that all the un-
occupied town or pueblo land should either be sold, mort-
gaged, or set apart to soldiers as pensions.
' ' No question was ever made as to the power of the Gov-
ernment to dispose of such land. (Hall's Mexican Law,
Sees. 94, 95, 96, 97, 98, and 99.)
" Mexico succeeded to the rights of the Spanish Gov-
ernment in all such town or pueblo land, and provided for
a sale of the same in 1856. (Hall's Mexican Law, Sec. 140,
p. 56.) The right of the Republic of Mexico to so dispose
of such land has not been questioned, so far as I know. In
the case of Grisar vs. McDowell, supra, in speaking of the
rights of the city of San Francisco to the four square
leagues claimed, Mr. Justice Field said : * Until the lands
were assigned and measured off, the right or claim of the
pueblo was an imperfect one. It was a right which the
Government might refuse to recognize at all, or might
recognize in a qualified form; it might be burdened with
conditions, and it might be restricted to less limits than
four square leagues, which was the usual quantity as-
signed. Even after assignment the interest acquired by
the pueblo was far from being an indefeasible estate, such
as is known to our laws. The purpose to be accomplished
by the creation of pueblos did not require their possession
of the fee. The interest, as we had occasion to observe
in the case already cited, amounted to little more than a
restricted and qualified right to alienate portions of the
land to its inhabitants for building or cultivation, and to
use the remainder for commons and for pasture lands, or
as a source of revenue, or for other public purposes. And
this limited right of disposition and use was, in all par-
ticulars, subject to the control of the Government of the
country. '
THE SPANISH AECHIVES OP NEW MEXICO 221
' ' There is no occasion in this case to indulge in any pre-
sumption as to the power or authority of the Spanish gov-
ernment of New Mexico to make grants to the public lands
subsequent to 1754. Article 12 of the royal regulations,
issued October 15th, 1754, expressly confers power on the
governors of the distant provinces to approve grants to
land. (White's Recop., vol. 2, p. 66.)
"The grants introduced as evidence in this cause, to
land within the four square leagues claimed by the city,
are from the archives of the surveyor-general's office and
seem to be in all respects regular. The archive evidence
further shows that the grantees were put in juridical pos-
session of the land granted by the proper officer without
objection or injury to third parties, and in some cases the
proof shows that valuable improvements have been made
on the land ; with continued possession of nearly one hun-
dred years there never was at any time objection made by
the town authorities, either to the making of the grants or
possession under them.
"One of the exhibits in evidence shows that the town
council of Santa Fe petitioned the governor for a grant of
land now within the city limits, and that a grant was
made by the governor to it for the land asked for.
* ' The ancient pueblo is estopped under the facts in this
case from setting up claim to the lands granted by the
governors of New Mexico to individuals within the four
square leagues. (Henshaw vs. Bissell, 18th Wall., 255;
93 U. S., 326 ; 100 U. S., 598 ; 102 U. S., 68 ; 13 How.,
307), and the present city of Santa Fe, as its successor,
is also estopped.
"But it is quite clear, from the exhibits in evidence,
that the corporate authorities of the ancient town or pu-
eblo did not claim any right to four leagues of land by
virtue of a grant or supposed grant to it, and it is equally
clear that the officials of the Spanish Government who
had authority to dispose of the public domain did not
understand that the pueblo was entitled to any such
quantity of land. Under the provisions of the act of
March 3, 1851, in relation to the settlement of private
land claims in California, the board of commissioners, by
the 14th section of the act, was authorized, when the ex-
istence of a city, town, or village, was shown to be in
existence on the 7th day of July, 1846, to presume, prima
facie, a grant to such town, city, or village. The board
222 THE SPANISH AECHIVES OF NEW MEXICO
was also authorized to take jurisdiction of any claim to
land, whether legal or equitable, and to confirm such
claim, etc. (9 Statutes, pp. 630-631.) It was under the
provisions of that act that the city of San Francisco, as
a successor to a pueblo, presented her claim for four
square leagues to said board for confirmation. The pueblo
under which the city claimed was a Mexican town settled
in 1835, and under the royal instruction of 1789 had some
rights in the quantity of land claimed. The real question
in the case, out of which so much litigation arose, was in
regard to the pueblo's title to the land at the date of the
change of flag. It was conceded that the act was broad
enough to authorize the board of commissioners to con-
vert any sort of a claim or easement to land into a legal
estate. But inasmuch as the United States had appro-
priated a portion of the land claimed by the city prior
to March 3, 1851, it became important to ascertain the
pueblo right to the land under the law of Mexico and
the treaty of Guadalupe Hidalgo. The board of commis-
sioners confirmed to the city the greater portion of the
land claimed for the use and benefit of the inhabitants of
the city, and the district court approved the decree of the
commissioners. This decree vested in the city the legal
title to the land claimed for the use and benefit of the in-
habitants. Before the cause was finally disposed of in
the district court, congress passed an act transferring the
record and proceedings to the circuit court for the district
of California. The circuit court modified the decree of the
district court by excluding from it all lands disposed of by
former governments or appropriated by the United
States. (4 Sawyer, pp. 566-7.)
"In 1855, the common council of the city of San Fran-
cisco passed what is called the Van Ness ordinance, which
provided for an adjustment of the claims of the inhab-
itants and the city to the lands which had been con-
firmed. This ordinance was subsequently ratified by the
legislature of the State. But notwithstanding the hold-
ing of the board of commissioners and the district and
circuit court and the action of the common council, con-
gress on the 8th day of March, 1866 (while said pueblo
case was still pending in the court), passed a special act
to quiet the title to the land claimed by the city of San
Francisco, imposing certain conditions and limitations.
(Statutes 1865-6, p. 4.)
THE SPANISH ARCHIVES OF NEW MEXICO 223
"After the passage of this act the question of the char-
acter of the city's title at the date of the treaty came be-
fore the supreme court of the United States in the case
of Grisar vs. McDowell, 6 Wall., 363.
' ' The plaintiff in the case claimed as seized in fee, under
the title from the city of San Francisco; the defendant
claimed possession as an officer of the United States, set-
ting up that the property was public property of the
United States reserved for military purposes. Mr. Justice
Field, who decided the pueblo case (4 Sawyer, 566-7),
delivered the opinion of the court, and discussed with
great ability all the questions growing out of or connected
with the claims of the city to the land in controversy.
* ' It was again held by the court that the legal title to the
land claimed by the defendant passed to the United States
from Mexico under the treaty of 1848, and was a part of
the public domain of the United States, and having been
appropriated by the United States and reserved by the
act of 1865-6, never had been the property of the city.
The law of nations and the terms of the treaty of 1848,
make it the duty of the government to secure to the cit-
izens or corporation in the ceded territory such rights to
private property as they possessed under the laws of
Spain or Mexico at the date of the treaty. Our govern-
ments may grant additional rights, but the citizens have
no right to demand more.
"The act of March 3d, 1851, authorized the board of
commissioners to confirm to pueblos and towns, for the
benefit of the inhabitants thereof, mere easements and usu-
fructuary rights to land granted to them by the govern-
ment of Spain or Mexico, and by such decree of confirm-
ation they acquired the legal title to the land with full
power to sell and dispose of the same. This, congress
in its sovereign capacity and absolute control over the
public domain had a right to do. (Pollard Lesser vs.
Polk, 2 Howard, p. 603.)
"Subdivision one of section 13 of the act of March 3d,
1891, is as follows: 'No claim shall be allowed that shall
not appear to be upon title lawfully and regularly de-
rived from the government of Spain or Mexico, or from
any State of the Republic of Mexico having lawful au-
thority to make grants to land, and one if not then com-
plete and perfect at the date of the acquisition of the
territory by the United States, the claimant would have
224 THE SPANISH ARCHIVES OF NEW MEXICO
had a lawful right to make perfect had the territory not
been acquired by the United States.' It will be seen that
this court can not confirm any imperfect or incomplete
title which the claimant would not be entitled to have
nnade perfect had the United States not acquired the ter-
ritory. Now, as I have shown, the supreme court of the
United States has repeatedly held that the title acquired
to four square leagues of land by a grant to a pueblo or
town is an imperfect one. It follows necessarily that this
court has no power to confirm such a title. It is true the
right or easement in the land acquired by a pueblo or
town may be conferred by a perfect grant to such right
or easement, but under the law the right may be term-
inated at the will of the sovereign, and such right term-
inated at the date of the transfer of sovereignty, as was
held by this court in the case of pueblos Zia, Santa Anna,
and Jemez vs. The United States, decided at a former
term. For some reason congress did not confer power on
this court to convert, by decree of confirmation, easements
and usufructuary rights given by the Spanish and Mex-
ican governments to pueblos and towns in large tracts of
land to be used for the benefit of such pueblos and towns
and the inhabitants thereof during the pleasure of the
sovereign, into indefeasible estates. There is one other
question in the cause which seems to me conclusive against
the claim made in the petition to four square leagues of
land. The laws of Spain and Mexico granting lands to
new pueblos and towns settled by Spaniards do not apply
to Indian pueblos and towns nor to old pueblos or towns
taken possession of by Spaniards. The law prohibits
Spaniards from in any way interfering with the lands,
towns, or pueblos occupied by Indians. (White's Recop.,
vol. 2, pp. 44, 45, and 54.)
"History informs that '"When the Spaniards first vis-
ited Santa Fe in the year 1542 (?) it was a populous In-
dian pueblo. It is not known when the Spaniards took
possession of it, but it has been the capital of New Mexico
since the year 1640.
" 'It was recaptured by the Indians in 1680, the prin-
cipal buildings burned, and the whites driven out. The
town was recaptured by the Spaniards in the year 1694.'
(The American Cyclopedia, vol. 15, p. 619.)
1 ' The court confirmed the supposed grant to all the lots
within the said four square leagues of land, now held in
Facsimile of Signature of Captain Roque Madrid,
n ^-conquistador.
Facs'mile of Signature of Don Nicolas
Ortiz Nino Lrdron de Guevara, re-conquis-
tador.
Facsimile of the Signature of Captain Alphonsso Rael de
Aguilar, re-conquistador.
Facsimile of Signature of Captain Don Juan de Ulibarri,
re-conquistador.
Facsimile of Signature of General Don Diego de Vargas Zapata Lujan Ponce
de Leon, Governor and Captain-General, 1691-1697, 1703-4.
THE SPANISH ARCHIVES OF NEW MEXICO 225
severally, to the respective lot holders thereof, holding
said lots in privity with said Santa Fe pueblo grant, with-
out reference to the date of the claim under which they
might hold. No assignment of lots was ever made by the
city or pueblo to anyone. The lot claimants under the city
are not parties to the suit, and no decree should be en-
tered in their favor.
"A decree should be ordered conferring to the city the
land granted to it by the governor of New Mexico, and the
plaza, streets, alleys, and other property held by the cor-
poration for public purposes, and the petition should be
dismissed as to all other claims. The court should ex-
amine the grants and evidence filed in support of claims
to land within the four square leagues which are sub-
mitted with this case, and if such grants are genuine, and
the claimants have such an interest as entitles them to
prosecute the suit, such grants should be confirmed.
"W. W. MURRAY,
"Associate Justice."
The supreme court of the United States, speaking
through Mr. Justice White, declares that the origin of the
town or city of Santa Fe is obscure, "but the record
(United States vs. Santa Fe, 165 U. S., 676), indicates
that as early as 1543 the settlement was made by deserters
from the Spanish military force under Coronado, who
refused to accompany their commander on his return to
Mexico, and settled at Santa Fe." :
There is not a line of documentary proof in existence
which by any possible stretch of the imagination can jus-
tify a statement of this sort, coming from the highest
judicial tribunal in the United States.
The Spanish City of Santa Fe was not settled until
1605, when it was made the capital of New Mexico by
Don Juan de Oiiate. governor and captain-general of the
Province of New Mexico.
When the court of private land claims was created a
petition was filed, under the act of March 3, 1891, creat-
ing that court, setting out the existence of the Villa de
Santa Fe. In this petition it was declared that prior to
the insurrection of 1680, the Villa had received a pueblo
grant of four square leagues, the central point of which
was in the center of the plaza of the City of Santa Fe;
that such grant had been made by the king of Spain;
that juridical possession was given thereunder and that
226 THE SPANISH AECHIVES OF NEW MEXICO
such facts were evidenced by a valid testimonio ; that the
archives and records of the Villa were destroyed in the
Pueblo Rebellion of 1680 and on that account could not
be produced. The petition concluded with a prayer for
confirmation to the city "in trust for the use and benefit
of the inhabitants thereof, and of such grantees and as-
signees of parts of the said lands as have derived, or may
hereafter acquire by due assignments, allotments, and
titles in severalty to said parts respectively. ' ' A demurrer
to this petition was filed, giving as grounds that no cause
of action had been stated and that it failed to disclose the
fact that there were many adverse claimants, under Span-
ish grants, to the land sued for, and that such claimants
were necessary parties defendant. Thereafter seventeen
persons appeared, alleging that they were the holders of
Spanish titles to land within the area claimed and that
their interests were adverse to the city. An amended pe-
tition was filed and these seventeen persons were made
defendants.
The United States government, in its answer, denied
the facts as alleged relative to the foundation and organ-
ization of the Villa de Santa Fe; it denied also that the
Spanish Villa had received title to or was by operation
of the Spanish law entitled to claim the four square
leagues of land; the answer averred that title to a large
portion of the land embraced within the four square
leagues was claimed under Spanish grants by others than
the plaintiff, the validity of which claims, however, were
not admitted, and that other portions of the four square
leagues were in control, occupancy, and possession of the
United States for a military post, known as Fort Marcy,
for a building known as the ' ' Federal Building, ' ' and for
an establishment known as the Indian Industrial School,
and that another portion was in possession of the Terri-
torial executive officers under the authority of the United
States.
At the hearing before the court of private land claims,
the proof established the settlement and organization of
the City of Santa Fe. The various grants referred to in
the answer of the several defendants were offered in evi-
dence and testimony adduced tending to show that they
covered territory embraced within the claim to the four
leagues, and were, therefore, adverse to the claims of the
city.
THE SPANISH ARCHIVES OF NEW MEXICO 227
There was no evidence introduced showing that La Villa
de Santa Fe, in any of its forms of organization under the
Spanish government, or that the City of Santa Fe itself,
had ever possessed the four square leagues to which it as-
serted title, or that any lot-holder in the city claimed to
own or hold by virtue of any title derived under the sup-
posed right of the city. There was an entire absence of
proof showing that any right by possession or otherwise
within the area claimed was held under or by virtue of
the implied grant of four square leagues upon which the
city relied. On the contrary there was proof that in 1715
the city of Santa Fe petitioned for a grant of a tract of
swamp land situate within the boundaries of the four
square leagues.
The decision of the court of private land claims was
favorable to the contention of the City of Santa Fe. The
United States appealed to the supreme court of the United
States, where the decree of the court of private land claims
was reversed and the cause remanded with instructions to
dismiss the petition. The supreme court held that " Un-
der the act of March 3, 1891, it must appear, in order to
the confirmation of a grant by the court of private land
claims, not only that the title was lawfully and regularly
derived, but that, if the grant were not complete and per-
fect, the claimant could by right and not by grace, have
demanded that it should be made perfect by the former
government, had the territory not been acquired by the
United States.
''Although the act of 1891, in section 11, authorized a
town presenting a claim for a grant to represent the claim
of lot-holders to lots within the town, this provision does
not override the general requirements of the statute as to
the nature of the claim to title which the court is author-
ized to confirm. The difference between the act of 1891
and the California act of 1851 . . . accentuates the in-
tention of congress to confine the authority conferred by
the later act to narrower limits than those fixed by the
act of 1851. The act of 1851 authorized the adjudication
of claims to land by virtue of any 'right' or 'title' de-
rived from the Spanish government, and conferred the
power in express language on the board and court to pre-
sume a grant in favor of a town. The act of 1891 not
only entirely omits authority to invoke this presumption,
but, as we have seen, excludes by express terms any claim,
228 THE SPANISH AECHIVES OF NEW MEXICO
the completion of which depended upon the mere grace or
favor of the government of Spain or Mexico, and of the
United States as the successor to the rights of those gov-
ernments.
"The petition is framed upon the theory merely of a
right to four square leagues, vested in the city by opera-
tion of law, and as the record contains no proof whatever
as to the possessory claims of lot-holders in the city of
Santa Fe, or as to the actual possession enjoyed by that
city of public places, these latter rights, if any, as well as
the asserted title of the city to the swamp tract to which
reference has been made in the course of this opinion, are
not to be controlled by the rejection now made of the pre-
tensions of the city to a title to the four square leagues
tract asserted to have been acquired by operation of
Spanish laws."
The claim of the City of Santa Fe having thus been de-
cided adversely by the highest tribunal in the United
States, the Congress of the United States, afterward, with
certain provisions protecting the rights of the government
to certain areas occupied by it, passed an act by which a
grant was made to the City of Santa Fe the lot-holders
and deeds were subsequently made by the city to those
holding possession of the tracts and lots within the area
granted by the government.
Hall, Mexican Law, p. 51, on the Limits of Pueblos,
says: "There never existed any general law fixing four
square leagues as the extent of pueblos or towns. That
extent of land was assigned to pueblos founded by con-
tractors for Spaniards, by law 6, title 5, book 4, of the
Laws of the Indies. Those formed by the government
independent of contractors, were only limited by the dis-
cretion of the governors of the provinces, and viceroys,
subject to the approval or disapproval by the King. There
are numerous pueblos in Mexico which have less and many
that have more than four square leagues."
817 VILLA NUEVA DE SANTA CEUZ. 1696.
Settlement of nineteen families in said place by order of
Don Diego de Vargas Zapata Lujan Ponce de Leon.
Santa Cruz was re-settled April 12, 1695. The Indians
who had moved thither from Galisteo were deprived of
their houses and lands and a grant made to the Spaniards.
At the time of the re-conquest, before a definitive title
THE SPANISH AECHIVES OF NEW MEXICO 229
to the public lands passed against the crown, the acts of
the colonial officers required royal confirmation. How-
ever, this system must have been modified, for on Novem-
ber 24, 1735, we find a royal cedula wherein it requires
that all grants be referred to him specially for confirma-
tion; thus indicating that before that time some other
royal official had that power.
The royal instructions of 1754, October 15, among other
things recited that "the holders of land sold or adjusted
by the several deputies from the year 1700 up to the pres-
ent time, shall not be molested, interfered with, nor de-
nounced, now. nor at any time, if it appears they have
been confirmed by my royal person, or by the viceroys and
presidents of the Audiencias of the several districts in the
time when this requirement was in force; but those who
hold them without this necessary requisite shall apply for
the confirmation thereof to the Audiencias in their dis-
trict and to the other officers to whom the power is given
by these new instructions, who, in view of the proceedings
had by the deputies, in their order in regard to the sur-
vey and valuation of such lands and of the title issued by
them, shall examine as to whether the sale or composition
is made without fraud or collusion and at appropriate
and equitable prices, with the presence and hearing of the
Attorneys General, so that, with attention to everything,
and if it appears that the price of the sale and composi-
tion and the corresponding half annata tax have been paid
into the royal depositories, and after performing what-
ever pecuniary service appears necessary, they may issue
to them in my royal name the confirmation of their royal
titles with which they w T ill be established in the possession
and dominion of such lands, waters, or wild lands, and
neither the holders nor their general or individual suc-
cessors shall at any time be molested therein."
818 VILLA NUEVA DE SANTA CRUZ. 1696.
Petition of Inhabitants in regard to change of place on
account of poisonous herbs which kill their stock. Don
Diego De Vargar Bapata Lujan Ponce de Leon, Gov-
ernor. Martin Urioste; Alphonso Rael de Aguilar; Do-
mingo de la Barreda, Secretary of Government and War.
This grant was confirmed by the court of private land
claims and surveyed for an area of more than 4,500 acres.
It lies south of the grant to the pueblo of San Juan.
230 THE SPANISH ARCHIVES OF NEW MEXICO
819 ANTONIO DE SILVA. Grant. 1699. Land in Santa
Cruz.
Re-validation made by Pedro Rodriguez Cubero of the
same made by his predecessor, Don Diego de Vargas, Gov-
ernor. Testimonio certified by Antonio Aguilera Isassi,
Alcalde.
820 TOMAS PALOMINO to Antonio de Silva. Santa Fe.
1699.
Exchange of lands. Testimonio. Certified by Antonio
Aguilera Isassi, Alcalde.
821 BARTOLOME LOVATO to Pedro de Sandoval. Santa
Fe. 1701.
House and lands. Joseph Rodriguez, Alcalde. Diego de
Belasco.
822 JACINTO SANCHEZ. Grant. 1703-1704.
Lands near the pueblo of Cochiti. El Marques de la
Nava y Brazinas, Governor. Annulled. Majada Tract,
q. v.
Petition by Jacinto Sanchez, asking for a grant of a
tract of land opposite the pueblo of Cochiti, which tract
had belonged to Cristobal Fontes before the revolution
(1680) and of which subsequently a grant had been made
to Sanchez by Don Pedro Rodriguez Cubero, which grant
Sanchez had lost.
The grant asked for was made by the Marques de la
Nava de Brazinas (Diego de Vargas), on December 23,
1703, and the chief alcalde, Manuel Baca, was ordered to
give the possession.
Subsequently, after the receipt of a letter from the
Reverend Father Juan Alvarez, setting forth the request
of the Indians of Cochiti that the grant which had been
made should be recalled, the governor made an additional
order to the effect that the grant made to Sanchez should
be understood as applying only to what had legally been
the tract owned by Fontes, and that in giving the posses-
sion of the tract no injury should be done to the Indians.
This document does not contain any evidence of the
giving of possession.
The governor's additional decree is dated January 11,
1704.
THE SPANISH AECHIVES OP NEW MEXICO 231
823 LOEENZO DE MADEID. 1704-05.
Question of lands with the convent of San Juan. El
Marques de la Nava de Brazinas. Pedro Rodriguez de
Cubero.
It is stated that the Marques de la Naba de Brazinas
died on April 8, 1704; that twenty-one frayles (Re-
ligious) gave up their lives in the revolution of 1680 and
five in that of 1696.
824 BAETOLOME SANCHEZ.
Grant. Land on the Chama near Santa Clara. Santa Fe.
1707. Made by Francisco Cubero y Valdes, Governor.
Possession given by Juan Roque Gutierres, Alcalde.
Bartolome Sanches Grant. E. No. 264.
This grant was confirmed by the court of private land
claims and according to the survey has an area of 4,400
acres. It lies along the western and southern sides of the
San Juan Pueblo Grant, west of the Rio Grande ; its south
boundary is the grant to the pueblo of Santa Clara.
825 ANDERS MONTOYA and Antonia Lucero de Godoy,
his wife, to Bernardino de Sena. Santa Fe, 1710.
Land on the other side of the Rio de Santa Fe. Diego
Arias de Quiros, Alcalde. Manuel de Servantes.
826 SEBASTIAN DE MONDEAGON to Bernardino de
Sena. Santa Fe. 1710.
Donation. Land. Diego Arias de Quiros, Alcalde. Man-
uel de Servantes. Xptobal de Gongora, Secretario de
Cabildo.
827 BAETOLOME SANCHEZ.
Re-validation of a grant on the Chama. El Marques de la
Periuela, Governor. No. 824, q. v.
828 PASCUAL TEUXILLO to Pedro Sanchez. Santa Fe.
1713.
Rancho in the Canada. Jacinto Sanches, Alcalde. Juan
de Atienza Alcala; Francisco de la Mora.
"Pedro Sanchez, a native of this kingdom, and a resi-
dent of the town of Santa Cruz, in the most approved
manner prescribed by law, and most convenient to my-
self, appear before your excellency, representing that,
whereas I have to support twelve children and three or-
phan nephews who are without father or mother, three
232 THE SPANISH ARCHIVES OF NEW MEXICO
female servants, and, with my wife, will make, in all, the
number of twenty persons, and having a piece of land
acquired by purchase, which is so small that I am com-
pelled to borrow lands from my other immediate neigh-
bors in order to extend my crops every year, and even in
this manner I cannot support myself, nor can I maintain
on said land a few sheep and four cows and some mares
and horses, all of which are necessary to the support of
so large a family, and which are poor for the want of
pasture, and suffer a great many wants, and in order to
supply them I have deemed proper to register and do
register a piece of land on the other side of the river Del
Norte, uncultivated and abandoned, and as such, unoccu-
pied, there being no one having any claim thereto; the
boundaries being on the north the lands enjoyed by right
by the Indians of the pueblo of San Ildefonso, on the
south the lands of Captain Andres Montoya, on the east
the Del Norte river, and on the west the Rocky Moun-
tains ; and, imploring the royal aid of your excellency, as
a loyal subject of his Majesty, in view of all that I have
stated, I pray and request that you be pleased to grant
me said land in the name of his Majesty (whom may God
preserve), in order that I may settle upon it so soon as
the alcalde himself of Santa Cruz places me in possession,
all of which I expect from the charity and justice of your
excellency, and I swear by God, our Father, and the sign
of the most holy cross, that my petition is not made in
malice, but of absolute necessity, and whatever may be
necessary, etc. PEDRO SANCHEZ" [rubric]
829 ANTONIO DE SALAZAE.
Grant. 1714. Reported Claim No. 132, q. v.
Was rejected by the court of private land claims.
830 CRISTOBAL DE LA SERNA.
Grant. 1715. Reported Claim No. 109.
831 JUAN GARCIA DE NORIEGA to Salvador de Santie-
stevan. Santa Fe, 1715.
House and land. Juan Garcia de la Rivas, Alcalde. An-
tonio Duran de Armijo ; Juan Manuel Chirinos.
832 MIGUEL DURAN to Domingo Martin Serrano. Santa
Fe, 1715.
House and land.
THE SPANISH ARCHIVES OF NEW MEXICO 233
BABTOLOME SANCHEZ. Santa Fe, 1716.
Testimonio of his grant in La Canada de Santa Cruz.
No. 824, 827, q. v. Juan Garcia de la Rivas, Alcalde.
14 BARTOLOME SANCHEZ. Santa Fe, 1716.
Complaint against Salvador de Santistevan. Bartolome
Lobato; Nicolas Griego; Xptobal Crespin; Juan de Mes-
tas. In the matter of their occupancy of his grant. Nos.
824, 827, and 833, q. v. No final action. Phelix Martinez,
Governor. Nos. 167, 170, 433, 435, 436, and 437, q. v.
835 FRANCISCO XAVIER ROMERO to Maria de Selor-
ga. 1718.
House and land in La Canada de Santa Cruz. Francisco
Bueno de Bohorquez y Corcuera, Alcalde. Juan de Paz
Bustillos; Gregorio Garduno; Diego Arias de Quiros.
836 ANDRES MONTOYA to Bernardino de Sena. Santa
Fe, 1723.
Land on the other side of Rio de Santa Fe. Bohorques,
Alcalde. Pedro Lopez Gallardo; Miguel de Sandoval
Martinez; Juan Manuel Chirinos.
837 JOSEPH DE SANTIESTEVAN and Josepha Montoya,
his wife, to Bernardo de Sena. Santa Fe, 1725.
Lands. Miguel Joseph de la Vega y Coca, Alcalde. Juan
Joseph Lobato; Juan Manuel Chirinos.
The Cuyamungue Grant, Reported No. 64, was known
as the Bernardo de Sena Grant.
"When this grant was first surveyed, in 1877, there was
a conflict between the survey and those of the grants to
the pueblos of Nambe and Pojoaque. The grant was
never confirmed by Congress, but the title was confirmed
by the court of private land claims October 24, 1895. The
case was appealed to the supreme court of the United
States, where the decision was reversed, a new survey or-
dered and a new decree was entered. By this the conflicts
were removed. The Cuyamungue is bounded on the north
by the Pojoaque and the Nambe grants and on the south
by the grant to the pueblo of Tesuque. This grant is
sometimes called the Bernardo Sena Grant and should not
be confused with the Alfonso Rael de Aguilar or Pueblo
of Cuyamungue Grant, Reported No. 1 81, which was re-
jected by the court of private land claims.
234 THE SPANISH AKCHIVES OF NEW MEXICO
838 AGUSTIN SAIS. Intestate. Santa Fe, 1725.
Inventory of his property. Miguel Joseph de la Vega y
Coca, Alcalde.
839 FRANCISCO EENDON to Antonio Felix Sanches.
1728. Santa Fe.
House and lot on the other side of Rio de Santa Fe.
Diego Arias de Quiros, Alcalde. Juan Manuel Chirinos.
840 ANDRES MONTOYA, el viejo, to Bernardino de Sena.
Santa Fe.
Land on the other side of the river Santa Fe. 1728.
Diego Arias de Quiros, Alcalde.
841 FEANCISCO DE SILVA, Alburquerque, vs. NICOLAS
DE CHABES. 1733.
In the matter of the dower of his wife. Gervasio Cruzat
y Gongora, Governor. Juan Gonzales Bas, Alcalde.
Bernabe Baca; Nicolas Duran; Francisco Antonio Gon-
zales ; Juan Phelipe de Eibera ; Pedro Barela ; Isidro San-
chez ; Antonio de Chabes ; Geronimo Jaramillo.
842 MAEIA SANCHEZ vs. SALVADOR VIGIL. Canada
de Santa Cruz, 1734.
In the matter of land sold by her deceased husband, Juan
Ignacio Mestas, to defendant against the will of herself
and her minor children. Fernando Chacon, Governor.
Josef Andres Galles ; Antonio Jose Ortiz, Alcalde ; Miguel
Garcia, Alcalde.
843 JOSE SANCHES.
In the matter of the settlement of the estate of his de-
ceased father, Jacinto Sanches. Alburquerque, 1735.
Juan Gonzales Bas, Alcalde ; Geronimo Xaramillo ; Pedro
Barela ; Joseph Gonzales Bas ; Alexandro Gonzales ; Fran-
cisco Antonio Gonzales; Juan Julian Gonzales; Juan
Julian Gonzales Bas.
844 LAZARO GARCIA DE NORIEGA, as executor of the
estate of his deceased father, to Antonio de Santieste-
van. Santa Fe, 1739.
Land on -the other side of the Rio Santa Fe. Antonio
Montoya, Alcalde; Baltazar Montoya; Gregorio Garduno.
THE SPANISH ARCHIVES OF NEW MEXICO 235
845 JOSEPH SALAS vs. MARIA DE SILBA. Fuenclara,
1745.
Trespass. Joachin Codallos y Rabal, Governor. Joseph
Baca, Alcalde.
846 MARIA GOMEZ ROBLEDO, widow, and Bernardo de
Sena, executors of Diego Arias de Quiros to Manuel
Sanz de Garvisu. Santa Fe, 1738.
House and lands. Joachin Codallos y Rabal, Governor.
Phelipe Jacobo de Vnuane ; Francisco Ortiz ; Joseph Homo
de Vera.
On the first page a house is described as being "con-
tiguous to the tower of the Palace." The boundaries de-
scribed on the following page show that this tower was
on the east end of the building.
847 MIGUEL MARTIN SERRANO vs. LOS VALDESES.
Abiquiu, 1746.
Joachin Codallos y Rabal, Governor. Vincente Ginzo Ron
y Thobar; Juan de Beytia, Alcalde; Francisco Gomez del
Castillo.
848 PUEBLO DE NUESTRA SENORA DE LOS DOLORES
DE SANDIA. 1748.
Proceedings in the establishment of the Mission, etc. Joa-
chin Codallos y Rabal, Governor. Bernardo Antonio de
Bustamante, Alcalde (Tagle) ; Isidro Sanchez Tagle; Fr.
Juan Miguel Menchero.
Petition by Friar Juan Miguel Menchero to Governor
Joaquin Codallos y Rabal, asking that lands be distributed
to the Moqui Indians who had been arathered together
with a view to the reestablishment of the pueblo of San-
dia; that the boundaries of the pueblo lands be deter-
mined; that certain lands which had been granted to
Spaniards within the boundaries desired by the Indians
be declared to belong to the latter, and that the Spaniards
be given lands elsewhere, etc., etc.
The foregoing petition was presented to the governor
on April 5, 1748, together with a communication from the
viceroy of New Spain in regard to the reestablishment of
the mission. The governor thereupon commissioned Don
Bernardo de Bustamante to go to Sandia and examine the
tract needed for the reestablishment of the new pueblo,
and to distribute the lands, waters, pastures, etc., neces-
236 THE SPANISH ARCHIVES OF NEW MEXICO
sary for the use of the Indians, setting forth the bound-
aries, and giving the royal possession to the missionary
who might be appointed to manage the pueblo. He
further directed that for the time being the pueblo of
Sandia should be attached to Alburquerque, for judicial
purposes, and subject to the control of the chief alcalde
of that town in such matters. The alcaldes of the
various towns were directed to see to it that the Moqui
Indians who might be residing in their respective districts
should assemble as soon as possible at Sandia, where
construction of the new pueblo was to be begun by the
beginning of the month of May.
On May 14, 1748, Bustamante, who was at Sandia on
that date, caused to appear before him three Spaniards,
Antonio de Salazar, Joseph Jaramillo, and Salvador Jara-
millo, who apparently were the owners of land on the
west side of the Rio del Norte (Rio Grande) and opposite
the site of Sandia. Bustamante explained to these men
that the law allowed the Indians to have a league in each
direction from their pueblo, but that he would not
measure the league toward the west (which, doubtless,
would have included the lands occupied by the Span-
iards), but in consideration of this the Spaniards would
have to consent to the Indians grazing their stock west
of the river on the Spaniards' pasture lands. To this they
agreed in the presence of witnesses.
On May 16, 1748, Bustamante called together the own-
ers of lands adjoining those of the Indians on the north
and south, and asked them whether they had any objec-
tions to make to the giving of possession to the Indians as
had been ordered by the governor. They replied that not-
withstanding the fact that the measurements included
some lands granted to them and others purchased by
them, they would give them up without controversy, be-
cause of the orders proceeding from superior authority,
but they would take legal steps to protect their rights.
Bustamante then proceeded to give to the new pueblo and
mission the name of Nuestra Seilora de los Dolores y San
Antonio de Sandia, after which he placed the Indians and
their pastor, Friar Juan Joseph Hernandez, in possession
of the lands.
In making the measurement toward the west (presum-
ably from the site of the new pueblo] to the Rio del
Norte, there were only 1,440 varas, or 3,560 varas less than
a league.
THE SPANISH ARCHIVES OF NEW MEXICO 237
Bustamante says that in order to make up the distance
which was lacking in this measurement, it became neces-
sary to increase in an equal degree the measurements to-
ward the north and south. He further states that he or-
dered landmarks of mud and stone, as high as a man,
with wooden crosses on top of them, to be placed at the
following places : On the north opposite the end of what
was commonly called the Canada del Agua, on the south
opposite the mouth of the Canada de Juan Taboso, and on
the east the main mountain range called Sandia.
The new pueblo was settled by 350 persons, counting
adults and children.
[9 MARIA TRUXILLO to Antonio Salazar. Corral de
Piedras, 1750.
Land. Juan Jose Lobato, Alcalde. Juan Joseph Jaques.
850 MARIA DE SERNA and Jacinto Martin, her husband
to the Heirs of Sebastiana de Serna. Villa Nueva de
Santa Cruz. 1751.
Land inherited from Eoque Madrid, her grandfather.
Juan Joseph Lovato, Alcalde. Antonio Martin.
851 CLEMENTS MONTOYA to Antonio Sandoval. San
Antonio de Padua del Pueblo Quemado. 1752.
Land in this Grant. Juan Joseph Sandoval, Alcalde.
Alonzo Sandoval.
852 MARIA DE HERRERA to Francisco Saes (Zaes and
also Sais). Santa Cruz del Ojo Caliente.
Donation of house and lands. Juan Joseph Lobato, Al-
calde. Juan Manuel Bias del Castillo, Vicente Apodaca,
Jose Martin.
853 MARIA DE HERRERA, widow of Captain Antonio
Martin, to Gregorio Sandobal. Santa Cruz del Ojo
Caliente, 1753.
Donation of house, lot and lands. Juan Jose Lobato,
Alcalde. Francisco Saes.
854 MARIA MAGDALENA DE MEDINA, wife of Juan de
Ledesma, absent in Sonora, to Maria Francisca de
Sena. Santa Fe, 1753.
238 THE SPANISH ARCHIVES OF NEW MEXICO
Land in Tesuque. Francisco Guerrero, Alcalde. Man-
uel Bernardo Garvisu. Santa Fe, 1763. Partition of the
above land by Manuel Gallego, Alcalde. Between Fran-
cisco de Sena and Maria Tomasa de Sena, minor heirs,
yicente Sena, Antonio Abad Armenta.
855 MIGUEL DE DIOS SANDOVAL.
Francisco Guerrero, Alcalde. Geronimo Esquibel.
856 JUANA SISNEROS.
Francisco Guerrero, Alcalde.
857 SANTIAGO DE EOYBAL, Vicario y Juez Edesiastico,
to Phelipe de Sandoval Fernandez de la Pedrera. San-
ta Fe, 1756.
Donation of a flour mill called Molino de San Francisco
on the Rio de Santa Fe above the city. Francisco Guer-
rero, Alcalde. Bernardo Manuel Garvisu, Lucas Moya.
858 FERNANDO ROMERO to Phelipe de Sandobal Fer-
nandez de la Pedrera.
Land in Santa Fe, 1756. Francisco Guerrero, Alcalde.
Lucas Moya.
859 MARCELA TRUGILLO to Phelipe de Sandoval Fer-
nandez de la Pedrera, 1758.
Land on the Rio de Santa Fe above the city. Francisco
Guerrero, Alcalde. Manuel Bernardo Garvisu.
860 BERNARDINO DE SENA.
Will, Santa Fe, 1765. Francisco Guerrero, Alcalde. Tomas
Antonio Sena.
The testator requests that his remains be buried in the
"Capilla de Senor San Miguel."
861 HEIRS of Lucia Gomez Robledo :
Antonio Sandobal, Maria Francesca Rael, Nicolas Rael de
Aguilar, Melchora Sandoval, Juan Sandobal, and Phelipe
de Sandobal Fernandez to Andres de Sandobal. Santa
Fe, 1758. Land on right side of the Rio Santa Fe. Fran-
cisco Guerrero, Alcalde. Jose Miguel de la Peiia.
862 ROSALIA DE GILTOMEY to Antonio de Sena. Santa
Fe, 1760.
Land. Francisco Guerrero, Alcalde. Juan Esteban Baca.
THE SPANISH AECHIVES OF NEW MEXICO 239
MAEIA FEANCISCA DE SENA, widow of Joche Mo-
reno. Intestate. Santa Fe, 1763.
Proceedings in the settlement of her estate. Santa Barbara
de la junta de los Rios. Manuel Gallego, Alcalde. Jo-
seph Miguel Garduno, Nicolas Rael de Aguilar, Vicente
Sena, Antonio de Beytia, Juan Rafael Pineda, Tomas de
Armijo, Carlos Joseph Mirabal.
SANTA BAEBARA GEANT. No. 114.
This grant was surveyed in 1879 for over 18,000 acres. It
joins the Pueblo of Picuries Grant on the east. The title
was confirmed by the court of private land claims and un-
der the decree and survey it was found that the area is
31,000 acres. The grant was patented May 5, 1905.
864 FEANCISCO and MAEIA PAULA SANCHES vs.
JOSEPH SANCHES, Executor of Jacinto Sanches.
Canada de Santa Cruz, 1763.
Claim to property under will of said Jacinto, their grand-
father. Tomas Veles Cachupin, Governor. Antonio Baca,
Alcalde. No final action.
865 TOMAS SENA. Bartolome Fernandez. Manuel Du-
ran y Chaves. Santa Fe, 1763.
Registration of a mine. Tomas Veles Cachupin, Gover-
nor. Manuel Antonio Lorenz.
866 SIMON SEGUEA.
Francisco Guerrero, Alcalde. Juan Cayetano Vnaue.
867 ISABEL LUJAN, widow of Juan Lucero de Godoy, to
Juana de la Cruz Sanz de Garvisu. Santa Fe, 1766.
Donation of land in Santa Fe. Francisco Guerrero, Al-
calde. Juan Antonio Alari, Francisco Xavier Fragoso,
Geronimo Esquibel.
868 SANTIAGO DE EOYBAL, Vicario y Juez Eclesiastico
to Antonio de Sandobal. Santa Fe, 1766.
Donation of a rancho between Los Palacios and Cien-
eguilla, said rancho having been acquired by purchase
from Bartholo Gutierrez. Francisco Guerrero, Alcalde.
Lucas Manuel de Alcala, Juan Francisco Nino Ladron de
Guebara.
240 THE SPANISH AKCHIVES OF NEW MEXICO
869 INHABITANTS OF SABINAL vs. INHABITANTS
OF BELEN.
Question of pastures and waters, 1767. Don Tomas
Veles Cachupin, Governor and Captain-General.
870 PEDKO MAETIN SEERANO.
Will. Corral de Piedra. 1768. This man was the
grantee of the Piedra Lumbre Grant. Antonio Joseph
Garcia de la Mora, Alcalde.
871 JULIANA DE SANDOBAL, wife of Miguel Taf oya, vs.
Lugarda Taf oya. Santa Fe, 1768.
Question of lands. Don Pedro Fermin de Mendinueta,
Governor. Nicolas Ortiz, Teniente General.
872 ANTONIO DE SALAZAE. Alburquerque, 1768.
In the matter of the settlement of his estate. Francisco,
Pablo and Cristobal de Salazar, executors and heirs. Joa-
quin de Luna, husband of Juana Angela de Salazar, heir.
Lands in Corral de Piedra. Don Pedro Fermin de Men-
dinueta, Governor and Captain-General.
873 CEISTOBAL MADEID to Joseph Salazar. 1769.
House and land in Chama. Antonio Joseph Ortiz, Al-
calde.
874 CAYETANO DE ATENCIO to Joseph Salazar. Santa
Cruz, 1769.
House and land on the Rio Chama. Antonio Joseph Or-
tiz, Alcalde.
875 JOSEPH and JUAN DUEAN Y CHABES. Atrisco,
1769.
Confirmation of a sale of land made to Jacinto Sanches in
1757. Confirmed to Feliciana Sanches, daughter of said
Jacinto and wife of Joseph Hurtado de Mendoza. Fran-
cisco Trebol Navarro, Alcalde.
876 JUAN JOSEPH DUEAN to Pedro Ignacio Sanches.
Santa Cruz, 1770.
Land on the Rio Chama. Salvador Garcia de Noriega, Al-
calde.
877 INHABITANTS OF BELEN. 1776.
Complaint against settlers coming in from Tome and
THE SPANISH ARCHIVES OF NEW MEXICO 241
Sdbinal. Don Pedro Fermin de Mendinueta, Governor.
Diego de Borica, Ten'te G'ral.
JUAN CRISTOBAL SANCHES. Tome, 1772.
Question as to whether he has a right to pasturage in the
Nicolas Duran y Chabes Tract. Don Pedro Fermin de
Mendinueta, Governor. Reported No. 155, Nicolas Duran
y Chaves Grant, q. v.
879 JUAN CASIMIRO PEREA to Bernardo Sena Maese.
1772. Puesto del Pino.
Land in Santa Fe. Manuel Garcia Pare j a, Alcalde.
880 JOSEPH ANTONIO SAIS. Alburquerque.
Will, 1770. Joseph Apodaca, Alcalde.
881 MANUEL BACA to Juan Jose Silva. Santa Fe, 1785.
Land in the Cienega. Antonio Jose Ortiz, Alcalde.
882 VILLA NUEVA DE SANTA CRUZ.
Settlement, 1695. Don Diego de Vargas Zapata Lujan
Ponce de Leon, Governor and Captain-General.
''Proceedings had in the new town and settlement
founded and called "The Exaltation of the Cross of the
Mexicans of the King our Lord Don Carlos II,' estab-
lished and obtained by the efforts of the governor and
captain-general of this kingdom of New Mexico, its new
restorer and conqueror, Don Diego de Vargas Zapata
Lujan Ponce de Leon, a certified copy of the said pro-
ceedings having been sent on May 11, of the said year of
1695, to his excellency the viceroy, the Conde de Galve.
"Don Diego de Vargas Zapata Lujan Ponce de Leon,
governor and captain-general of this kingdom and pro-
vince of New Mexico, its new restorer and conqueror at
his own expense, and reconqueror and settler in the same,
and castellan of its forces and garrisons, by His Majesty,
etc.
"It being now the time when a fixed place of residence
must be given to the families which, on the part of His
Majesty our Lord, whom may God preserve, in his royal
name, by his excellency the viceroy, the Conde de Galve,
over all the kingdom of New Spain governor and captain-
general and president of the royal audience and court of
the City of Mexico and of all this new world, and with
the approval of the royal commission and the ministers
242 THE SPANISH ARCHIVES OF NEW MEXICO
of the same, have been sent, as well as the others brought
by the said governor and captain-general to this king-
dom, and all of which are now in this said city, and also
as another lot and party are expected, and in order
to give them a fixed place of settlement, land for cultiva-
tion of their crops, pastures, woods and waters, watering
places, commons, and stock ranges, in order that they
may have all that they need for raising their large and
small stock of all kinds and classes; and I, having been
informed of the same, and it being the royal will that I
should be placed in charge of the whole in the matter of
the location and settlement of the said parties, and that I
should procure for such as I considered proper for the
service, stability, permanency, security, comfort, and
utility, seeking to find the same on lands separate and
apart, if possible, from the natives of the tribes and
pueblos of this said kingdom and the district of this said
city, in order to avoid the troubles and vexations which
would arise if they live together with the Spaniards;
but, on the contrary, being separated, both would be at
peace, and the said natives and Spaniards would live to-
gether in concord and harmony, in such manner that by
kind and friendly treatment our holy faith might be im-
planted among them on a firm basis and with the hope
that with their example the adjoining barbarous tribes
might be converted; and, with this view, I, the said gov-
ernor and captain-general, having to duly carry out the
royal will, which the said most excellent viceroy has so
frequently and repeatedly communicated to me in the
name of His Majesty, I have done what was necessary,
and have not only gone over, passed through, and tried
the entrances, exits, routes, courses, and distances, par-
ticularly and generally, of all this said kingdom, but with
an army of the royal forces of His Majesty under my
command as far as the last pueblo and tribe of the Taos
of this said kingdom and come out at the mouth of the
river Chama at the pueblo of San Juan de los Caballeros,
distant ten leagues from the said city, and the said ex-
aminations having been made as aforesaid by me, the
said governor and captain-general, I found that the said
place and settlement of the said party and of the other
said party that is expected to arrive should be made of
lands which belonged to the Spaniards, who abandoned
and left them at the time of the general revolution, in
THE SPANISH AECHIVES OF NEW MEXICO 243
the month of August, in the year 'eighty, in this kingdom,
at the places and farms extending from this said city of
Santa Fe to the pueblo of Tesuque, and those which ex-
tend beyond the pueblos of San Ildefonso and Santa
Clara, on the other side of the Rio del Norte, and, on this
side, those which lie in front of the mesa de San Ildefonso
and extend to the road which leads to the said pueblo of
San Juan de los Caballeros, and those which extend to
the pueblos established on the said farms, which are San
Lazaro and San Cristoval, and those which extend from
the latter in the direction of the highway which leads to
Picuries, to the Canada called the Hacienda de Moraga,
and the farms of Captains Luis Martin and Juan Buis,
in front of and at the place and tract of land called
Chimayo; and in order that they be examined by my
lieutenant-governor and captain-general, who is Colonel
Luis Granillo, I order him to proceed with Sergeant Ruiz
de Cazeres, because he knows the language of the said
tribe of the Teguas, to the two pueblos of the Thanos,
San Lazaro, and San Cristobal, with Matias Lujan, their
alcalde mayor, because he is also an interpreter, to ex-
amine in the first place, the said farms and places sep-
arately, making a map showing the names of the places
and the names of their former owners, the quality of the
lands, and the distances, and he will examine personally
and will confer with the above mentioned as to the num-
ber of persons who can be settled on the same, giving
them lands which they can cultivate and plant advan-
tageously and without inconveniencing one another, with
notification that the pastures of the tract and limits of
each of the said farms shall be in common and not for in-
dividuals, and that the stock which each may have in
greater or less number may feed on the same, and only
in case of there being an equal number will it be per-
mitted them to appear in order to petition that no one
shall have more stock than another; and in this manner
he will make the said demarcation, map, computation,
and regulation and in respect to the said two pueblos of
San Lazaro and San Cristoval, they having been estab-
lished on the farms and lands which absolutely belonged
and did belong to the said Spanish residents, who, because
of the said general rebellion of the whole of this kingdom
in the month of August, of the year 'eighty, abandoned
and left them in order to save their lives, and who left
244 THE SPANISH ARCHIVES OF NEW MEXICO
on their farms their household goods, clothing, wares,
grain, growing crops, and stock, all of which were taken
possession of by the said rebels; and in view of the fact
that the aforesaid, of the said tribe of Thanos, left their
pueblos, because of the improvements and the fertility of
the lands and the greater security of their lives, and came
together with those of the Teguas tribe, who were settled
at so short a distance, and took advantage of the occasion
to obtain the improvements on the said lands, everything
being already completed, those of San Cristoval and
those of San Lazaro settled upon them, the lands which
the Teguas of the said pueblo of San Juan de los Cabal-
leros hold being many, and the number of people of both
being small, and it being on the frontier, as it is, and at
the entrance of the Apache enemy as well as that of the
Ute tribe, they saw fit to admit them and give them the
permission, with the general consent of all, to settle, as
in effect they did settle and were settled in the said
pueblo of San Juan, the land and dwelling houses of
which are vacant and standing unoccupied today, be-
cause of their having been abandoned only a few years
ago on account of their having gone to settle on the lands
of the Spaniards, and where they are today living and
settled; and whereas I have conferred with the said gov-
ernors of the said pueblos in regard to the above reasons
and the royal will, and I, the said governor and captain-
general, not being informed of the settlement which the
said natives of San Lazaro, in the said pueblo of San
Juan, had granted and designated to their governor, Don
Cristoval Yope, the place of Yunque, in order that they
might go there in the coming winter, giving them per-
mission and consent to plant the said lands this year, he
having a place to go to thereafter with his said people,
which number sixteen families, their whole number being
one hundred and fifty-five persons, according to what I
am informed and as appears by the list of the same made
by the reverend father preacher, Brother Antonio Obre'-
gon, their father minister, doctrinal teacher, and guard-
ian; I hereby direct my said lieutenant-general and their
said alcalde mayor and interpreter, Matias Lujan, to say
and intimate to the said natives and their said governor,
Don Cristoval Yope, that they must go to their said land
which they have in the said pueblo of San Juan, which
they had in the same, as well as the lands which were
THE SPANISH AECHIVES OF NEW MEXICO 245
given and partitioned among them by the natives of the
same ; and I direct my said lieutenant-general, if it should
be necessary, to go to the said pueblo of San Juan with
the said governor, Don Cristoval Yope, and the war cap-
tains of the two pueblos being together in the plaza to
inform them of my said order by virtue of the said royal
will, which is but just and proper with regard to the said
Spaniards, and it being neither unjust nor tyrannical to
order them to leave the said lands and town founded by
them on their said tract when they have and are pro-
vided with a safe dwelling on the portion of land which
belongs to them as their own in the pueblo of San Juan,
and as they also have their lands sufficient, irrigable, and
dependent upon the seasons which are well known, and it
is not right that injustice and injury should be done to
the Spaniards by keeping them out of their said lands
known to be theirs, which through the Divine will
promise, on account of their fertility, abundant harvests,
wherewith to maintain themselves and secure their sup-
port, without running the risk of a failure and the loss
of their supplies by working new lands; and these (the
Spaniards) even at great cost are not yet secure among
the said natives, but are discouraged and intimidated,
and have not the measure and the amount of their legi-
timate value (of the lands), and besides, the risk of a
new loss to the royal Crown, and also the labor of work-
ing for a year lands wild and unknown, for all of which I,
the said governor and captain-general, ought to consider
and regard such proper reasons as the near arrival of
the above-mentioned lot and branch of the said people
and settlers in the said planting season, so as not to have
them to break lands, much less not to be troubled with re-
gard to their dwelling houses, they having them secured
on the said lands and tracts, as well as their acequias open
and prepared, wherefore it is not in my power to give
permission to the said natives of San Lazaro to plant and
cultivate the same for this year, but they, as well as those
of the said pueblo, must vacate them, and go to their
said piece of land and dwelling houses in the said pueblo
of San Juan and on their said lands and there plant their
crops, and he will give them time to move without injur-
ing or tearing down the said houses of the said town until
the moon of the coming month, and he will call upon
them to consider their having enjoyed for so many years
246 THE SPANISH AECHIVES OF NEW MEXICO
the planting of the said lands as a reason for there being
nothing due them on account of their leaving the said
town. And with regard to the pueblo of San Cristoval,
my said lieutenant-general, together with the said alcalde
mayor and interpreter, Matias Lujan, will proceed to the
same, and will tell the said governor and captains to go
to the said place of Chimayo, where they asked my per-
mission to settle, and I will keep my word to them in all
things, and if it be ascertained that the said land which
they designated and asked for can be planted at once,
and he will remind them that I gave the said permission
and promise in regard to the said possession with the
understanding that the lands should not be such as to re-
quire much time to prepare them for planting, and it
having been learned that this could readily be done I
made them the said grant under the condition that they
should at once take possession and establish their settle-
ment and plant their crops at the said place ; and he will
give them also, as a term for leaving and moving from
their said town until the moon of the coming month, since
they have had time sufficient for the same, and the said
Spanish settlers, who have made representation and to
whom I have made a grant because of their having al-
leged that the said tract and lands were theirs in the
said place of Chimayo, shall go with my said lieutenant-
general, in order that in the presence of the said gover-
nor and the natives of the said pueblo of San Cristoval
they shall identify the tract which they have asked for
and the lands which I have granted to them, which are
from the said pueblo forward and none towards that
which they leave and the road which leads to the said
pueblo of San Cristoval, since with this specification I
made them the said grant; and I inform, direct, and or-
der the said Spaniards, through my lieutenant-general,
not to have any conflict with the said natives, as my
word and the importance of the said compact are superior
to the grant which I have made to them, since it is uncer-
tain because of having been made on lands designated for
the said natives and governor of the said pueblo of San
Cristoval, and therefore I will make it up to them in
another part and place of equal value; and to the said
natives he will make known the said order and will di-
rect that they obey, carry out, and execute the same with-
in the said term in accordance with the reasons justifying
THE SPANISH AKCHIVES OF NEW MEXICO 247
the same set forth, and those of them who may have any
complaint may appear before me, the said governor and
captain-general, in this city to make the same, and to say
to them that I will hear them verbally or in writing, they
presenting them through their alcalde mayor and inter-
preter, Matias Lujan, and in order that this said order
to my said lieutenant may appear, and for the execution
of the same I so provided and signed the same with my
civil and military secretary, and it is dated in this city
of Santa Fe on the eighteenth day of the month of
March, of this present year of one thousand six hundred
and ninety-five, to whom, on my order, it was delivered
in the original in order that it be returned with the report
of its execution.
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
1 ' ALPHONSO RAEL DE AGUILAR [rubric]
' ' Civil and Military Secretary. ' '
DEPARTURE FROM THIS CITY OF SANTA FE
* ' In this city of Santa Fe, on the twentieth day of the
month of March, in the year one thousand six hundred
and ninety-five, I, Colonel Luis Granillo, lieutenant and
captain-general of this kingdom of New Mexico, in ful-
filment of and in obedience to the above order and direc-
tion of the governor and captain-general of this kingdom,
who is Don Diego de Vargas Zapata Lujan Ponze de
Leon, left this city in company with the sergeant, Juan
Ruiz de Cazeres, and at the distance of two long leagues
from the same before arriving at the pueblo of Tesuque,
of the Teguas, I came to the farm, which is in ruins,
which belonged to Colonel Francisco Gomez, in which
there is sufficient agricultural land for one settler only,
and pasturage and woodland for the stock of one owner
only; and I proceeded from the said pueblo of Tesuque
directly to San Lazaro, which is the pueblo named in the
said order, and in order to duly execute the same I caused
to be assembled its governor, and cacique, Don Cristoval
Yope, and the elders and principal men, and the majority
of the natives of the said town of the Thano tribe, and in
the presence of their alcalde mayor, who is an interpreter,
and Sergeant Juan Ruiz, who is also an interpreter and
who acted as such, I read to them the said order that they
might understand it in their Thano tongue word for word,
248 THE SPANISH AKCHIVES OF NEW MEXICO
as was done, and they all answered that they would obey
in accordance with what they had asked for and the
grant which had been made to them in order that they
might settle anew on the place at the end of the Canada,
called Chimayo, adjoining the mountain range, and in
order to identify the same and to carry out the said direc-
tion contained in the said order I instructed them to pro-
ceed to the inspection of the same in my company to-
morrow and also to advise as parties interested and ad-
joining, the governor of San Cristoval, the principal men
and the natives of the same and in order that it may so
appear, I made it a part of the proceedings, and I signed
the same, dated ut supra. Luis GRANILLO [rubric]
"The said lieutenant-general proceeds with the said
governors of the pueblos to the examination of the tract
designated at Chimayo, which was granted to them by the
governor and captain-general of this kingdom for their
settlement.
"On the twenty-first day of the present month of
March, of the date and year, I, the said lieutenant-gover-
nor and captain-general, left the said pueblo of San La-
zaro with the said alcalde mayor and sergeant, and also
its governor and leading Indians, and the majority of the
natives, and also those of the pueblo of San Cristoval
with their governor, their doctrinal minister, who is Fray
Antonio Obregon, also going with them and me, the said
lieutenant-general, and at the distance of two long leagues
having gone through the Canada and passed an arroyo
or small rivulet (arroyo Riochuelo Pequeno) which comes
down from the said mountain range and which lines with
the farm of Captain Juan Buis, up the river, and having
gone along a little further, about half a league, where
there is a ruin on the left, the said Indians, governors,
and caciques showed me the plain which is adjacent to
the said ruin which is in a Canada wide and large enough
for their pueblo with sufficient land for irrigation from
the arroyos and rivulets which come down from the said
mountain range, and I examined the mouth of the ditch
and the dam, which the said Indians showed me, and the
said rivulet has water sufficient and permanent; and re-
turning to the plain the said Indians again proceeded to
mark off and describe the said place for which they had
asked the said governor and captain-general, and which
THE SPANISH AKCHIVES OF NEW MEXICO 249
grant he had made and conceded to them, and they
marked off the plan for the said town, saying that it was
to be of sixty-eight houses, in order that the people of
the said two pueblos might occupy the same, and adding
to them the Thanos Indians and captive women who had
escaped from the city of Santa Fe in case they should
desire to come with them, that they would admit and re-
ceive them ; thus the said lands were given and set off to
them they being satisfied with having examined and seen
the tract and place for the establishment and site of their
pueblo, and in order that it might so appear I made it a
part of the proceedings and I signed it, dated ut supra.
"Luis GRANILLO [rubric]
"The said lieutenant-general departs from the Canada
for the pueblo of San Juan and proceeds to the other
side of the Rio del Norte to sleep at Santa Clara.
"And immediately thereafter, on the said day, month
and year, I, the said lieutenant-general, took the route and
way in order to carry out the tenor of the order and
direction aforesaid, proceeding to the examination of
the farms and ranches belonging to the Spanish set-
lers in the Canada before the general revolution of
this kingdom, which were said to be occupied and
at the distance of half a league, and on the boundary of
said farm of Captain Juan Ruiz, which he has at the said
place of the said grant to the said Indians, I found and
examined the farm which belonged to the Martinez, the
ruins of which consist of the standing walls, and in them
were living encamped five persons, with their families,
because there were lands and pastures sufficient on the
north; and having proceeded in the said direction about
three-quarters of a league I found, on the left of the
route, the said pueblo of San Lazaro, and crossing the
Rio del Norte to the right side I found and saw the farm
which belonged to Miguel Lujan, on which the house is still
standing, he occupied with his own family only, as there is
irrigable land sufficient for one family only and pastures
sufficient for such stock as it might possess ; and with this
farm there lines another house and cultivable lands which
were planted by Marcos de Herrera, who had his family
on another farm lower down which said place has about
as much land as the last named and mentioned; and fol-
lowing this there is another lot of cultivable land which
250 THE SPANISH ARCHIVES OF NEW MEXICO
belonged to Nicolas de la Cruz, the house on which is
standing and occupied by his widow, the land being suf-
ficient for the support of her family only, and the pas-
tures are in the same proportion; and following this is
the land which belonged to Melchor de Archuleta, the
ruin of the house only remaining, and there are about
sufficient lands for one family, with pastures to corre-
spond; and following along the said plain and meadow
there is another farm, which belonged to Juan Griego,
and this is a better piece of land than any of the others,
because of its extent, it being sufficient for two families,
dividing the agricultural land between them and giving
them the pastures in common; and next there follows
another farm, which belonged to Sebastian Gonzales, and
now held by Captain Alonso del Rio, and in this two
others had shares, so that there is room for three families
to settle on the said tract, and the lands are of superior
quality ; and next is the farm which belonged to Francisco
Xavier, the house in ruins and a little tower standing,
and although he lived on it alone, the tract has abun-
dant land for two families ; and this is followed by that of
Pedro de la Cruz, of whose house there is but one room
standing, and it has land sufficient for one family only;
and having finished making the inspection of the said
farms I, the said lieutenant-general, proceeded to the
other part of the arroyo, which lies between them and
descends the said Canada, the Rio del Norte being on the
right, and I examined the following farms: first, there is
adjoining the said arroyo the farm of which belonged to
Bartolome Montoya, on which there is only the ruin of
the house in which he lived, and there are lands sufficient
for one family only ; and there adjoins this another farm,
which belonged to Diego Lopez, and there is a tower left
standing which adjoined his house, there being land
enough for one family; following this is another farm,
which belonged to Marcos de Herrera, and the said farm
has land sufficient for one family, the house, because of
its being close to the said arroyo or rivulet, was carried
away by a heavy freshet; next follows another tract of
land, which was held and owned by the community of the
pueblo of Santa Clara; following is the farm which be-
longed to Colonel Francisco Gomez, the lines of the foun-
dation of his house only are visible, and there is room
for one family only; next follows the farm which be-
THE SPANISH AECHIVES OF NEW MEXICO 251
longed to Ambrosio Saez, in the houses of which there are
now living, as they were during the past year of one
thousand six hundred and ninety-four, part of the Tegua
Indians, rebels from the pueblo of Tesuque making use of
the said lands, for which reason the houses are in good
condition, and on this farm two other families can be
settled ; and there is also in the middle of the said meadow
the farm on which Agustin Romero was settled during the
planting season because he had his cultivable land on the
said tract, and here one family can live very well ; and so
descending along the Bio del Norte and the Mesa de San
Ildefonso, the ruins of the said house are seen, and the
land is sufficient only for one family ; and the said farms
are those which are found as aforesaid, from the said
mouth of the Canada as named, with the owners who lived
in them and were settled on them; and I, the said lieu-
tenant-general, then returned with Sergeant Juan Ruiz,
who accompanied me on the said inspection, and he knows
the said places because of always having lived near them
and of having been raised there; and the said report is
true and certain, and in order that it may so appear, I
made it a part of the proceedings, and I signed it, and
I proceeded to the pueblo of Santa Clara, in order to
sleep there; dated ut supra.
"Luis GBANILLO [rubric]
"Arrival of the said lieutenant-general at the city of
Santa Fe, at which place he returns the order of the
said governor and captain-general with the proceedings
had in obedience thereto.
"On the twenty-third day of the present month of the
date and year, I, the said lieutenant-general, having ar-
rived at the city of Santa Fe, made report of the fore-
going proceedings to the governor and captain-general of
this kingdom, Senor Don Diego de Vargas Zapata Lujan
Ponze de Leon, and by direction and order of his excel-
lency I left and delivered the original into his hands,
and in order that it may so appear I signed the same
with the said governor and captain-general in the pres-
ence of his civil and military secretary.
' * DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Luis GRANILLO [rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary"
252 THE SPANISH AECHIVES OF NEW MEXICO
PETITION OF THE THANOS TRIBE OF THE PUEBLOS OF SAN
CBISTOVAL
"To THE GOVERNOR AND CAPTAIN-GENERAL:
"The governors of the pueblos of San Lazaro and San
Cristoval of the Thanos tribe for themselves and in the
name of the people of the said pueblos: We appear be-
fore your excellency asking that all the privileges al-
lowed by law be given us, and we say: That your ex-
cellency was pleased to order us to move from the said
pueblos in order to settle them with Spaniards, and we
pray that your excellency will give us time to plant the
said lands, which are now open, during the present year,
using the acequias of the same, and as soon as we take off
the crops we will vacate the said pueblos in order that
your excellency may settle them as your excellency
pleases. Which said petition your excellency was pleased
to grant, and with the same we were gratified. And now
we have learned that it is the intention of your ex-
cellency to send us to settle and plant in another place,
in view of which we submit to the consideration of your
excellency the hardships which we are now undergoing,
as we have (as is well known) no maize, which is our
only food, and now we are not only unable to procure
any, but in order to support ourselves up to the present
we have sacrificed our clothing, having had to sell it at
low prices, and also in order to have seed for this year,
and no matter where we may go to settle and plant it
will be necessary for the people of both pueblos to occupy
all their time in breaking the land and constructing ace-
quias, a thing impossible to do in this year, because we
have nothing to live on and we will have to seek it else-
where, with which the present evil is not remedied, nor
that of the future, which is imminent. In view of all that
which we have set forth, placing ourselves at the feet of
your excellency, with all due respect, we ask and pray
that your excellency will consider our need and the rem-
edy for the same, which rests wholly on your excellency's
word, and that your excellency will be pleased to permit
that for this year we may plant in these pueblos, and on
our part we are ready to vacate them as soon as we gather
the crops, in which we hope to receive from the powerful
hand of your excellency all favor and grace as we have
already experienced in things of greater import, and
which is just, and for the same, etc.,
THE SPANISH AECHIVES OF NEW MEXICO 253
' ' THE THANOS GOVERNORS OP SAN LAZARO
AND SAN CRISTOVAL.
"Presentation of the foregoing petition by the war
captains for themselves and in the name of the Thanos
tribe of the pueblos of San Lazaro and San Cristoval.
"In this city of Santa Fe, on the twentieth day of the
month of March, of the year one thousand six hundred
and ninety-five, before me, Don Diego de Vargas Zapata
Lujan Ponze de Leon, governor and captain-general of
this kingdom and provinces of New Mexico, its new re-
storer and conqueror at his own expense, and re-con-
queror and settler and castellan of its forces and garri-
sons by His Majesty, etc.
DECREE
"It was presented by the war captains of the natives
of the Thanos tribe of the said pueblos of San Lazaro
and San Cristoval; and, whereas I have given the order
to my lieutenant-general, I direct that it be carried out
and executed, since I can only permit that the Indians of
the first pueblo, that of San Lazaro, if they do not desire
to join and incorporate themselves with those of the pu-
eblo of San Juan de los Caballeros, where they came from
and where they left their portion of land, or to return to
their old pueblo which they left and which they had and
did have before the general revolution of this kingdom
in the year 'eighty, and in which they lived for many
years afterwards, they shall join and agree to live to-
gether in the said second pueblo of San Cristoval, and
shall plant their crops on their lands, going as far as the
said Canada of Chimayo and farm of Moraga, where, dur-
ing the past year because of the second uprising, they
made and had their cornfields; and they having lands of
their own, there is no reason why the royal will of His
Majesty the King, our master, should not be carried out
in regard to Spaniards who are expected and who are now
on their way here to augment the population and secure
the restoration and reconquest of this said kingdom, nor
that the provision made for the same out of his royal
treasury should be lost by their not being given lands
suitable and proper for their making their crops and
thereby their support reasons for not being able to
leave exposed to said contingency an enterprise of such
magnitude; and besides, in view of the objection of the
said natives that the said lands are not in condition to be
254 THE SPANISH ARCHIVES OF NEW MEXICO
cultivated, they ought to consider the favor done in giv-
ing them the half of the lands belonging to the other said
pueblo of San Cristoval, and acknowledge the care and
attention given to their relief ; and in order that this said
decree may appear of record let it be placed, with the pe-
tition of the said natives with the decrees and proceed-
ings, which by virtue of the said order my said lieutenant-
governor and captain-general shall carry out and make
report of the same in order that proper action may be
taken, and I signed it in this said city with my civil and
military secretary on the said day ut supra.
''DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [rubric]
' ' Civil and Military Secretary. ' '
"Proclamation including therein the grant made to the
Mexican-Spanish families and given with the title of
Villa Nueva de Santa Cruz de Espanoles Mexicanos del
Rey Nuestro Senor Don Carlos Segundo, as set forth and
the conditions and causes expressed for the carrying out
of the same.
"Don Diego de Vargas Zapata Lujan Ponze de Leon,
governor and captain-general of this kingdom and pro-
vinces of New Mexico, its new restorer, conqueror at his
own expense, reconqueror and settler of the same, castel-
lan of its forces and garrisons, by His Majesty, etc.,
"The Thanos Indians, of the pueblo of San Lazaro,
having by virtue of my order and direction, as expressed
in the same and forwarded for its due execution on the
twentieth of March last of this present year to my lieu-
tenant-governor and captain-general, Colonel Luis Gran-
illo, as it appears in the proceedings which by virtue of
the said order were had, and the said Indians having con-
sulted with their governors and asked me for the grant
of the tract of the Canada de Chimayo and left to me the
said pueblos of San Lazaro and San Cristoval, and I hav-
ing succeeded in having that of San Lazaro vacated in
order to employ and occupy it with the families which
his excellency the viceroy, the Conde de Galve, has sent
for the settlement of this said kingdom of New Mexico,
and they having arrived on the twenty-third of June of
the past year one thousand six hundred and ninety-four,
THE SPANISH AECHIVES OF NEW MEXICO 255
their number being in accordance with their list and
muster roll, in order that they might be supported and
lodged until the said kingdom was safe, and they came
into this said city to the number of sixty-six and one-half
families, and in order that they may be together without
the intrusion of any others, in view of their union, and
in order that they may be contented, they having come
from one place and country to this said city, I placed
them in the first grade, and I designate the said pueblo,
its dwelling houses, its cleared agricultural lands, drains,
irrigation ditches, and dam or dams which the said na-
tive Indians had and did have for irrigation and the se-
curity of raising their crops, and I also designate and
grant, in the name of His Majesty, the dams which they
may leave open and those which they may open, and the
woods, pastures, and valleys which the said natives had
and enjoyed, without prejudice to the farms and ranches
which lie within its limits and district, and all that which
it covers and may contain as far as the pueblos of Nambe,
Pojoaque, Jacona, San Ildefonso, Santa Clara, and San
Juan de los Caballeros, giving these as the boundaries
of the tract which the said settlement shall enjoy, hold,
and have, and which I make a seat and town, and also
possession of the houses which may be given or assigned
to them in person; and furthermore, the honorary title
of 'Villa Nueva de Santa Cruz de Espanoles Mexicanos
del Rey Nuestro Sefior Carlos Segundo,' which, in the
name of His Majesty, I give to the said settlement, and I
constitute and grade it as the first new settlement, and as
such it shall enjoy priority of settlement, with the under-
standing that that of this city of Santa Fe is the first, and
in it only shall be held the election of the members of the
illustrious council, but each shall have its civil author-
ity, which shall be composed of an alcalde mayor and
war captain and lieutenant, with the title of captain of
militia, alferez, and sergeant, the said settlement being
limited to four squad corporals and alguazil de guerra,
who shall go out on scouting expeditions with the said
captain of militia and other officers, alternating every
month, and they shall have this style and form of gov-
ernment because of being on the frontier, and in order
that the said Spanish Mexicans may be informed of the
grant of the said Villa Nueva made to them, I direct that
the same shall be published in the said form, in order
256 THE SPANISH AECHIVES OF NEW MEXICO
that they may acknowledge in due form that I, the said
governor and captain-general, have them in this said
kingdom and that I have favored them in proportion to
my respectful appreciation of the promise contained in
the proclamation ordered to be published by his excel-
lency the said viceroy, the Conde de Galve, as in it he
promised them and directed that I should be ordered to
give them lands on which to settle, and I give them all
with appreciable improvements, since I have given them
cleared and broken lands and of known fertility, with
their drains and irrigating ditches and dams in good con-
dition and with the irrigation secured, and also new
houses, because the said pueblo is new, and they have
nothing to do but to go and live in them and to make use
of the lands which I will designate for them, granting
ranches and farms to those who may prefer the same, in
order to allow them more room and allow for other settlers
who may come in, and which the King our master may be
pleased to send, and also those which I, the said governor
and captain-general, may deem it proper to send to settle
there, and this will also be done with people who may vol-
untarily ask for a grant, and who may be designated as
settlers of the said town, in order that they may enjoy the
privileges and rights of the same; and in order that it
may so appear and that they may be ready to leave this
city of Santa Fe I appoint Thursday, at ten o'clock in
the morning, and I will then have in the plaza of this
city the paekrnules which I now have, and I will also
furnish some horses to mount, in part, those who may
need them, and I will aid them in all things, assuring
them that a ration of beef and corn shall not be wanting,
as well as half a fanega of corn to each family for plant-
ing which I promise to give them, and also implements,
such as picks, shovels, hoes, and axes, until those ordered
by his excellency the viceroy from the contractors shall
arrive, and there shall also be forwarded to their alcalde
mayor and war captain, who may be appointed, a supply
of firearms, powder, and ball, in order that they may be
provided with all that is necessary ; and in order that this
said proclamation and that which is set forth in it may
serve them as a foundation and sufficient title, I order
that it be published in military style, with music by the
band, and in the presence of the leaders and officers and
my lieutenant-governor and captain-general, and also
DON JUAN DE ACUNA, MARQUES DE CASA FUERTE
Viceroy of Mexico, 1722-34
THE SPANISH AECHIVES OF NEW MEXICO 257
that part of the illustrious council which is in this city,
and its notary, and of my civil and military secretary,
and that it be published in the inner and the outer plazas ;
and I signed it in this said city of Santa Pe on the nine-
teenth day of the month of April, one thousand six hun-
dred and ninety-five.
" DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
' ' By order of the governor and captain-general :
"ALPHONSSO RAEL DE AGUILAB [rubric]
"Civil and Military Secretary
1 1 In this city of Santa Fe, on the nineteenth day of the
month of April of the year one thousand six hundred and
ninety-five, I, Captain Alphonsso Hael de Aguilar, civil
and military secretary, certify that on this day this said
proclamation was published in the two public plazas of
this city in the presence of a large concourse of people in
the same and in a loud and intelligible voice by Sebastian
Rodriguez, negro drummer, and in order that it may so
appear I signed it.
"ALPHONSSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary."
THE MEXICAN SETTLERS DESTINED FOR THE VILLA NUEVA DE
SANTA CRUZ DEPART FROM SANTA FE
' ' On the twenty-first day of the present month of April
of the said year of one thousand six hundred and ninety-
five, at the hour designated in the proclamation granting
the title of Villa Nueva de Santa Cruz de los Espanoles
Mexieanos del Rey Nuestro Senor Don Carlos Segundo,
the sixty families now in this city of Santa Fe departed
at nine o'clock in the morning to settle, as provided in the
said proclamation, and, in order that it may so appear, I
signed it with my civil and military secretary.
" DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [Rubric]
* ' Civil and Military Secretary. ' '
ARRIVAL AT THE VILLA NUEVA DE SANTA CRUZ
"On the twenty-second day of the month of April of
the said date and year, I, the said governor and captain-
258 THE SPANISH AECHIVES OF NEW MEXICO
general, Don Diego de Vargas Zapata Lujan Ponze de
Leon, of this Kingdom and Provinces of New Mexico, by
His Majesty, arrived at this Villa de Santa Cruz de los
Mexicanos Espanoles del Rey Nuestro Senor Don Carlos
Segundo, so named and placed by me the said governor
and captain-general, its site and settlement having been
vacated by my order by the Thanos tribe, formerly of the
pueblo of San Lazaro, and having given it the title and
placed it under the protection of the Holy Cross, and
they having already arrived with their alcalde mayor and
war captain appointed, and the other officers named in
the said proclamation, and with the title of Villa published
in the same, and ordered to be published on the nineteenth
day of the present month and year, and they being drawn
up in line with their said captain and other officers desig-
nated and appointed, and they were at the entrance of the
plaza of the said Villa, and dismounting there near the
chapel which served as a church for the natives of the said
pueblo, and having ordered the settlers to form in a half
circle at my side, the royal alferez being front with the
royal standard with my lieutenant-governor and my civil
and military secretary, I directed the said alcalde mayor
and war captain, Major Antonio Jorge, his lieutenant and
captain of militia, Sergeant Nicolas Ortiz, and his ensign,
Joseph Valdez, and Sergeant Manuel Ballejo and Antonio
Godinez, Alguacil de Guerra and the four squad corporals,
Joseph del Balle, Sebastian de Salas, Miguel Fajardo, and
Bustos, to step forward from the said line, all of whom
were appointed as the government political and military
the said Villa being on the frontier, by me, the said, gov-
ernor and captain-general.
POSSESSION GIVEN OP THE SAID VILLA AND OATH MADE
"And I required and directed that they should make
the usual oath accepting the said place and settlement,
the Nueva Villa of their own nation, of the Mexicanos Es-
panoles del Rey Nuestro Senor Don Carlos Segundo, and
as loyal vassals to maintain and preserve it, even at the
expense of their lives, to which they responded under said
oath that they accepted the same and that they would
obey and keep the same ; and I again made them the grant
under the said acceptance and oath, revalidating to them
their lands which belong to them and the boundaries set
forth, and which limit the pueblos mentioned in the said
proclamations of jurisdiction without prejudice to the
THE SPANISH ARCHIVES OF NEW MEXICO 259
boundaries of the lands which belong to each one; and
also, in order to encourage them, I made them a grant of
all the minerals which might be found in the Chimayo
mountain range according as they might discover them
and that I would carry out and observe the royal ord-
inances of His Majesty, and that they be of good heart
and keep up their courage and that on my part I would
assist them ; and there being present the reverend father,
Fray Francisco de Vargas, ecclesiastical judge in capite
of this kingdom and its custodio in this custodia and
concourse, and having in his company the reverend father
preacher missionary, Fray Antonio Moreno, whom he had
chosen as guardian and minister, I, the said governor and
captain-general, said to the said settlers that he being the
chaplain of His Majesty appointed and named him as their
guardian and as such I gave him possession of the said
chapel in order that until they rebuilt their church it
might serve them as such, and thus I gave possession of
the same to the said reverend father, leading him into the
same by the hand, and he arranged the altar, going in and
out; and for the greater formality and force of the said
possession and oath made in regard to the said Villa, I
left my said place with my said royal alferez and my
lieutenant, directing my royal alferez to place himself in
the centre of the plaza, together with my civil and mili-
tary secretary, in order that he might proclaim that he
defended and sustained the possession given by favor of
His Majesty at the said granted place and tract with the
limits and boundaries given and granted by me, the said
governor and captain-general, in the said royal name, to
the said settlers with the honorary title of Villa Nueva de
los Espafioles Mexicanos del Bey Nuestro Sefior Don Car-
los Segundo; that he came out to defend it as he would
defend it with his life, and thus with his drawn sword
in his hand he would sustain and did sustain it against
all who might oppose it; and I, the said governor and
captain-general, with all present, cried out all together, as
loyal vassals of His Majesty, saying, 'Long live the King
our Lord, whom may God preserve, the Sefior Don Carlos
II, King of the Spaniards, and all of this New World
and this new town of the Mexicans and Spaniards, and
which in his royal name was founded with the title of
Villa Nueva de los Mexicanos y Espafioles, and increased,
founded, and settled in the interest of his Royal Crown,
260 THE SPANISH ARCHIVES OF NEW MEXICO
may he live for many years and reign over greater do-
mains and monarchies ; ' and having repeated the said ac-
clamation three times, throwing up our hats, three vol-
leys were fired at the same time, in congratulation upon
the installation of the said settlers with such honor and
demonstrations of appreciation and jubilee; and they
asked me as a favor that I would give them a certified
copy and that I would order that they be given the same
of the said possession as well as of the proclamation and
the quality of the title specified in the same in order that
they might hold the same as such for the said Villa ; and in
order that it may so appear they signed it with me the
aforesaid, together with my lieutenant-governor and cap-
tain-general and my civil and military secretary.
' ' DON DIEGO DE VARGAS ZAPATA Lu JAN PONZE DE LEON
[rubric]
"Luis GRANILLO [rubric]
* * SERGEANT MANL. BALLEJO [rubric]
"ANTONIO BALVERDE DE Cossio [rubric]
' ' The Alferez Real : ANTONIO JORGE [rubric]
"Before me:
"ALPHONSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary."
THE GOVERNOR AND CAPTAIN-GENERAL LEAVES ORDERS
WITH THE SAID LIEUTENANT-GENERAL TO PARTITION THE SEP-
ARATE TRACTS BELONGING TO THE SAID SETTLEMENT.
"In this city of Santa Fe, on the twenty-third day of
the month of April of the year one thousand six hundred
and ninety-five, I, the said governor and captain-general,
my personal presence being necessary in the city of Santa
Fe, and I having to go to the pueblos of San Cristoval
and Nambe, I order and I leave orders with my lieutenant-
governor and captain-general that the separate lands of
the district and limits of the said Villa Nueva de Santa
Cruz, the settlers having been assembled and it having
been ascertained which of them have received and have
been favored with grants of the tracts and ranches al-
ready surveyed, to those to whom such grants have not
been made the said separate lands shall be given, marking
off for each settler and his family that which may be
found to be sufficient for the planting of one-half a fanega
of maize, and in it he may plant such other seed as he
may have, and the said partition shall be made in such
manner as to satisfy the said settlers, and of the lands
THE SPANISH ARCHIVES OF NEW MEXICO 261
that may be left over an account shall be made to me, and
in order that the said order may appear in this said de-
cree I made it a part of the proceedings, and I signed it,
with my civil and military secretary.
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary"
ARRIVAL OP THE SAID GOVERNOR AND CAPTAIN-GENERAL
AT THE PUEBLO OF SAN CRISTOVAL, AND HE AGAIN REQUIRES
THE NATIVE THANOS OP THE SAME TO PLANT THEIR CROPS
AND TO CARRY THEIR HARVEST TO THE NEW PUEBLO WHICH
THEY SHALL BUILD ON THE SAID TRACT OF CHIMAYO, IN
ORDER THAT HE MAY SETTLE THE SAID PUEBLO WITH
SPANIARDS IN THE MONTH OF OCTOBER.
"And immediately thereafter, on the said day, month,
and year of the date, I, the said governor and captain-
general, having repeated to the said Spanish Mexicans of
the said Villa Nueva de Santa Cruz the said order, I bade
them good-bye and proceeded to the said pueblo of San
Cristoval, in the plaza of which place all its people were
assembled, together with those who had been settled at
the said Villa Nueva, and I confirmed the grant which I
had made to them in giving permission to pass this sum-
mer on the same and to plant their crops on its lands, and
required of them that the crops which God our Lord
might be pleased to permit them to gather they should
at once carry to the new pueblo, which during this sum-
mer they would have to rebuild, since in the month of
October they would have to occupy it, leaving that of San
Cristoval vacant in order that I might settle it with
Spaniards, as I had already informed them, and they re-
plied that they would so do; and I having again con-
firmed the grant made in their favor of the said tract of
Chimayo, I bade them good-bye, leaving them happy ; and
in order that it may appear of record I made it a part of
the proceedings, and I signed it, with my civil and mili-
tary secretary.
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [rubric]
" Civil and Military Secretary"
262 THE SPANISH ARCHIVES OF NEW MEXICO
THE SAID GOVERNOR AND CAPTAIN-GENERAL PROCEEDS TO
THE PUEBLO OF NAMBE, AND IN IT GIVES POSSESSION TO THE
MINISTER MISSIONARY, WHO REMAINS THERE AS DOCTRIN-
ARIAN.
"On the said day, the twenty-third of April, of the
said year, I, the said governor and captain-general, the
very reverend father custodian, Fray Francisco de Var-
gas, having appointed as minister doctrinarian to the
mission of the Teguas of the pueblo of Nambe, proceeded
with him to give him the possession, and, having entered
the said pueblo, its people were assembled to receive me
with all politeness, and they being in front of the prin-
cipal site where they had the chapel and the house ad-
joining the same for the said minister, I dismounted, and,
through the interpreter, I told them that I had come to
install the father who was to aid them and administer the
holy sacraments, he being the reverend father preacher,
Antonio de Acevedo, and in the said form I gave him
possession of the said chapel and house, and in testimony
of the same I directed that the doxology, etc., be prayed
and sung three times, and I ordered the said Indians to
aid him in all things and to fulfil their obligations as
Christians and to fail in nothing; and in order that the
said possession and the reply of the said natives that they
would comply with and obey all that I had ordered
might appear of record, I signed it with my civil and
military secretary.
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary"
ARRIVAL OF THE FAMILIES WHICH BY ORDER OF HIS EX-
CELLENCY THE CONDE DE GALVE WERE PROCURED AND OB-
TAINED BY CAPTAIN JUAN PAEZ HURTADO, CHIEF COMMIS-
SIONER, APPOINTED BY ME, THE SAID GOVERNOR AND CAPTAIN-
GENERAL.
"In this city of Santa Fe, the capital of this kingdom
and provinces of New Mexico, on the ninth day of the
month of May of the present year of one thousand six
hundred and ninety-five, there arrived at this city of
Santa Fe, capital which it is of this kingdom and prov-
inces of New Mexico, the families which by order of his
excellency the viceroy, the Conde de Galve, with the ap-
THE SPANISH AECHIVES OF NEW MEXICO 263
proval of the general committee of the ministers of the
royal treasury and war, in March of the past year of
one thousand six hundred and ninety-four, ordered me,
the said governor and captain-general of this kingdom, to
send a chief commissioner possessing my confidence, to be
appointed by me, and Captain Juan Paez Hurtado possess-
ing the same, I gave him the commission and appoint-
ment in order that he might carry out the said orders of
his excellency the said viceroy, and he proceeded to the
kingdom of Galicia and the Real de Zacatecas and other
places, and the families which he procured were forty-
four, according to the list made of the same and which I,
the said governor and captain-general, received in per-
son, and in the presence of the said captain chief com-
missioner I gave them lodgings in the said city in the
houses which the settlers now at the Villa Nueva de Santa
Cruz had occupied, and in order that the said arrival
may appear of record I signed it, with the said captain
chief commissioner and my civil and military secretary.
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary"
ACT OP TRANSMITTAL
"In this said city of Santa Fe, on the said day of the
date May nine and year one thousand six hundred and
ninety-five, I, the said governor and captain-general, Don
Diego de Vargas Zapata Lujan Ponze de Leon, having
examined these proceedings, in order that his excellency
the viceroy, Conde de Galve, which he is of all this king-
dom of New Spain, may be informed of what has been
done in this said kingdom in the royal service, in which I,
the said governor and captain-general have devoted the
care and attention necessary for his satisfaction, and in
order to make transmittal of the same I directed my
civil and military secretary to make a literal copy of the
said proceedings, as well as of the letter of transmittal
with this said decree, in order that being copied and
compared in due form the same transmitted and forward-
ed to his excellency the said viceroy, and more particularly
because the courier despatched on the fourteenth of
January of the present year has not returned and the
cause of his delay is not known. And I signed it in this
264 THE SPANISH AECHIVES OF NEW MEXICO
said city of Santa Fe on the said day, month, and year,
with my civil and military secretary.
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON
[rubric]
"Before me:
"ALPHONSSO RAEL DE AGUILAR [rubric]
"Civil and Military Secretary"
"Most Excellent Sir:
"Sir: Captain Juan Paez Hurtado, chief commis-
sioner appointed by me to bring the families which by
order of your excellency he procured and obtained in the
city of Zacatecas, having arrived at this city of Santa Fe
and having entered the plaza of the same to the number
of forty-four families, which I received and inspected
personally, I going to the said plaza for the purpose, and
also to lodge them in the houses which were vacated by
the sixty Mexican families which your excellency also
sent for the settlement of this kingdom, and having suc-
ceeded in all that which I might and could desire for
the royal service of His Majesty in the Villa Nueva de
Santa Cruz de los Vecinos Mexicanos del Rey Nuestro
Sefior Don Carlos Segundo in a pueblo which the rebels
of the Thanos tribe had newly founded on lands which
had belonged to Spaniards, and by the means which I
devised for the accomplishment of this difficult enterprise
I succeeded, as will be shown by the orders and proceed-
ings had of which I forward a certified copy to your ex-
cellency and this, upon examination and consideration,
will prove to your excellency that I have been successful,
and that I have secured at a short distance another
larger town of the said tribe which is vacant and free
and I have secured it for the month of October, when,
God willing, I will found and settle another town with
these said families which we have received and lodged
today in this city of Santa Fe, and I will see that both
shall plant crops in order that they may be relieved from
receiving rations as at present and living on the gener-
osity and magnificence of your excellency, and it is very
true that the transportation of maize to this city has
caused me much trouble because of the distance of the
kingdom of New Biscay and of there being no resources
any nearer.
"I am anxious and troubled because the courier
whom I despatched on the fourteenth of January of the
THE SPANISH AECHIVES OF NEW MEXICO 265
present year to your excellency has not returned, and
this also induces me to send this despatch, in order that
I may ascertain the reason of his delay or know whether
he has been robbed or murdered ; and I beg that your ex-
cellency will send me duplicates of the orders and des-
patches which your excellency may have been pleased to
forward to me by the said courier in order that I may
on my part duly execute the same; and I also hope that
your excellency has received the order that with the same
your excellency may decide upon the reply to my letters
of consultation forwarded by your excellency to the su-
preme and royal council of the Indies, as in this expec-
tation I have delayed the said settlers in order that
through its means they may be assured of their establish-
ment; and two missions have also been established,
Nambe and the said Villa Nueva, the doctrinal father serv-
ing the united pueblo of the said Thanos.
"While I was absent from this city there arrived a
band of Apaches from the east, who are called Chiyenes,
and they told in the town at which they arrived which is
of the Picuries tribe, how some men, white and light-
haired, had destroyed a very large tribe of the Apaches
Conejeros, living much further inland than their own.
The Chiyenes then returned whence they came. This
was told to me by the alcalde mayor and the father min-
ister, who came to see me, and I having asked the alcalde
mayor why he had not detained them, he replied that the
leader of the band had said that he would return with
all his people in September, and if God will permit me to
live until his return I will hear what he has to say and
judge of it accordingly, and I did not wish to omit to
give your excellency this information, together with the
above, as I desire to serve your excellency in all things;
and may God preserve your excellency for many happy
years. Done in Santa Fe, on the ninth day of the month
of May, one thousand six hundred and ninety-five.
"Most excellent sir, etc.,
"DON DIEGO DE VARGAS ZAPATA LUJAN PONZE DE LEON"
[rubric]
883 DON FERNANDEZ DE TAOS. 1796.
Possession. Reported Claim No. 125.
884 JUAN JOSE SILVIA. La Cienega. No date.
Complaint that he is forbidden to graze his stock on the
common lands. No action taken.
266 THE SPANISH ARCHIVES OF NEW MEXICO
885 MATIAS SENA. Santa Fe, 1799.
Will. Fernando Chacon, Governor.
886 LUIS MAESE to Augustin Sais. Santa Fe, 1799.
Land. Antonio de Aguilera Isasi, Alcalde.
887 SAN JOSE DEL BADO DEL EIO DE PECOS. 1803.
Partition of lands to settlers. Names given in this ar-
chive. Fernando Chacon, Governor. Pedro Bautista
Pino, Alcalde.
888 MARIANO CASTELO to Juan Segura. Santa Fe,
1812.
Land in the Canada del Tio Leonardo. Jose Miguel
Tafoya, Alcalde.
889 MARIA POLONIA SILVIA. La Cienega, 1815.
Complaint that her husband sold her land without her
consent. Juan Estevan Pino, Alcalde. Alberto Maynez,
Governor.
890 TOWN OF SOCORRO
Grant. 1817. Reported Claim No. 107, q. v.
891 JUAN RAFAEL ORTIZ.
Report of Committee of the Ayuntamiento against donat-
ing certain lands. Santa Fe, 1831. Ribera, Talomo, sin-
dico. Armijo.
892 MATIAS SANDOVAL. Santa Fe, 1822.
Grant of lands in Galisteo by the Ayuntamiento of Santa
Fe. Pedro Armendaris, Jose Maria Baca, Secretary.
893 RAFAEL SENA. 1822.
Grant. Same as No. 892.
894 FELIPE SANDOVAL. 1822.
Grant; same as 892-893.
The petition in the Town of Galisteo Grant was made in
February, 1814, by Felipe Sandoval; Jose Luis Lobato;
Julian Lucero; Matias Sandoval; Pedro Sandoval; Jos6
Antonio Alarid, Diego Pineda, and was addressed to Gov-
ernor Maynes, who granted them a piece of land at the
old abandoned Indian pueblo of Galisteo, reserving to
the people of Santa Fe and vicinity, the privilege of
THE SPANISH AECHIVES OF NEW MEXICO 267
pasturing live stock. Maynes was not governor at the
time this petition states. Don Jose Manrique was gov-
ernor from 1808 to 1815, and Alberto Maynes in 1815,
1816, and 1817. From the papers on file in this case, in
the surveyor-general's office, Donaciano Vigil says that
he never held any office under the Spanish government,
but under the Mexican government he was continually in
office from the year 1824 until the American government
took possession in 1846, at which time he was a captain
of the line and secretary of the militia commandancy,
which latter position he had held ever since the year 1824.
That he acted as civil governor of New Mexico from Jan-
uary, 1847, until the first of March, 1851.
895 JOSE MANUEL SANCHES, Basque, 1823, vs. An-
tonio Martin.
Question of lands.
896 CABO JOSfi SALAICE, CABO FEANCISCO GAB-
CIA, CAEABINERO JOSS BACA, SOLD ADO JOS
SALAICE, SOLD ADO FELIZ GAECIA, SOLDADO
ANTONIO JOSES EIVEEA.
Petition; 1823, asking the Jefe Politico for the sobrante
of the league between the pueblos of Santo Domingo and
San Felipe. Bartolome Baca, Jefe Politico. Referred
to the Provincial Deputation.
897 MIGUEL and FELIPE SENA. Santa Fe, 1824.
Petition for lands on the Pecos. No action taken.
898 JOSE EAFAEL SAMOEA and 25 others for lands on
the Pecos. 1824.
Reported Claim No. 108, q. v.
899 MANUEL ANTONIO EIBEEA. For himself and
Others. 1822.
Petition for lands adjoining San Miguel del Bado. Re-
ported Claim No. 29. Anton Chico Grant. Facundo Mel-
gares, Governor. San Miguel del Bado, 1824.
On the 24th day of January, 1822, Don Salvador Tapia,
for himself and sixteen others, filed a petition with the
1 'Tribunal of Independence" presumably the ayunta-
miento of San Miguel del Bado for the tract of land
on the Pecos river, known as Anton Chico. The presi-
268 THE SPANISH AECHIVES OF NEW MEXICO
dent of the ayuntamiento referred the petition to the
then governor, Facundo Melgares, who on the 13th of
February of the same year, sent the petition back to the
ayuntamiento with instructions to make application to
the Provincial Deputation. On November 9th of that
year this was done. Nothing seems to have been done
after that until May 2, 1822, when Melgares is supposed
to have granted the land to Manuel Rivera and thirty-six
men, and directed Manuel Baca, the constitutional justice
of El Bado, to place the parties in possession, which was
done on May 2d of the same year.
There is another document in this grant, of date March
3, 1834, which purports to be a distribution of lands at
Anton Chico by Don Juan Martin, under verbal authority
from the constitutional justice of El Bado, Don Juan
Jose Cabeza de Baca. The Manuel Baca, above referred
to, was a second cousin of Don Luis Maria Cabeza de
Baca. This document states that the original settlers
were driven off by Indians.
The original petitioners and settlers were: Salvador
Tapia, Francisco Baca, Rafael Duran, Juan Sebastian
Duran, Diego Antonio Tapia, Bernardo Ullibarri, Felipe
Valencia, Luis Gonzales, Juan Cristobal Garcia, Tomas
Martin, Juan Jose Martin, Miguel Martin, Jose Medina,
Simon Estrada, Lorenzo Tapia, Mariano Aragon, and Jose
Duran.
The name Anton Chico was a slang term, the place be-
ing properly known as ' ' Sangre de Cristo. ' '
When possession was given it was done in the presence
of ''thirty-six" settlers and that of two "aldermen;" Don
Ventura Trujillo, second alderman, and Don Miguel Sisner-
os, third alderman. The conditions were, among others,
that the place selected should be common, not only for
themselves, but for others who in the future should re-
move there ; and also that the settlers should be equipped
"with fire-arms and arrows, and they shall pass muster
upon entering upon the land and whenever the justice
sent to them shall deem proper." They cried "long life
to the independence" and took possession of lands bound-
ed as follows: On the north, the boundary of Don An-
tonio Ortiz ; on the south the ridge of the Piedra Pintada
and the little table-land of Guadalupe; on the east, the
Sabino Spring, with the Alto de Los Esteros, where the
river forms a canon below, where the men were killed,
THE SPANISH AECHIVES OF NEW MEXICO 269
and on the west, the Cuesta and the Little Bernal Hill;
which is the boundary of El Bado.
In 1834 the place was known as * ' The Avocation of Our
Lord and Sangre de Cristo."
It was near this place that the Texas- Santa Fe expedi-
tion under McLeod came in 1841 ; at that time Anton
Chico had a population of 600.
Don Juan Bautista Vigil y Alarid, testifying in 1859,
says that Colonel Viscarra proclaimed the independence
of Mexico in New Mexico ; that the Spanish governor, Mel-
gares, was relieved by Colonel Vizcarra, who was appointed
upon the petition of the citizens of New Mexico who re-
quested the removal of Melgares and that after the decla-
ration of independence, under the Plan of Iguala, all of
the old authorities were relieved by the new officers.
Governor Melgares was superseded by Colonel Vizcarra
on the 21st day of December, 1822.
Don Donaciano Vigil, appointed secretary by General
Kearny in 1846, afterward governor of New Mexico, de-
clares in his testimony before the surveyor-general, in
1859, that up to the 22d of December, 1822, the inde-
pendence of Mexico was not known in New Mexico and
the same order of things existed and all the authorities
exercised their functions under the Spanish government;
after the declaration had been promulgated by the gen-
eral government the latter approved all of the public acts
performed by the officers of the country from the date
of the declaration to the time it was published in New
Mexico; in other words, these acts were " canonized ";
they were not approved by statute but they were not dis-
approved. However, the people of new Mexico consid-
ered themselves as separated from the Spanish crown
from the date of the declaration, September 27, 1821.
JUAN ESTEVAN PINO : Eeport of Diego Casilla, Al-
calde Constitutional de la Jurisdicion del Bado in the
matter of the giving possession of lands to said Pino in
said place and the damage that would result therefrom,
etc. Bartolome Baca, Governor.
This item is of interest in connection with the Anton
Chico and the Las Vegas grants, q. v.
900 URSULA CHAVES of Los Padillas, in the name of
her husband, Antonio Sandoval. 1824.
270 THE SPANISH ARCHIVES OF NEW MEXICO
In the matter of a petition for lands, made by her said
husband, situate at Agua Negra. Referred by the Ter-
ritorial Deputation to the Jefe Superior Politico in 1824.
No final action. Juan Bautista Vigil, Secretary.
In 1845, the Mexican government granted to Antonio
Sandoval, what is known as the Sandoval or Nolan Grant
in Valencia county. Sandoval conveyed his title to Ger-
vacio Nolan. The latter died in 1858 and his heirs sold
the entire grant to Joel P. Whitney, who afterwards con-
veyed a half interest to F. H. Story. The surveyor-gen-
eral of New Mexico found this to be a perfect grant and
afterwards, the supreme court of New Mexico, in a suit
brought on a homesteader 's claim, decided that the action
of the surveyor-general as to the validity or invalidity of
grants was beyond the power of the supreme court to
change and the legal effect of the action of the surveyor-
general in declaring the title valid was to "segregate
from the public domain all the lands covered by the grant
as reported on by him and to except and reserve them
from the operation of the homestead and other general
laws of the United States providing for the disposal of
the public domain."
901 PEDEO ALCANTAE VIGIL, of Santa Cruz, and 19
Others. 1845.
Petition for lands on the Sapello and Manuelitas. Acted
upon by the Territorial Assembly and favorably recom-
mended, but there is no record of possession having been
given. Reported Claim No. 9 John Scolly, q. v. The
names of the petitioners are found in this item.
902 DOLOEES JALONA to Juan Damasio Salazar. San-
ta Fe, 1834.
903 ANTONIO SENA to George Pratt and William Hague.
Santa Fe, 1831.
Lease of land. Pablo Montoya, Alcalde.
904 ALEJANDEO SANTIESTEVAN vs. PABLO MON-
TOYA. Pena Blanca, 1832.
Trespass; damage to crops. Juan Garcia, Alcalde; Jose
Miguel Baca, Alcalde; Fernando Aragon, Alcalde.
905 MANUEL SENA vs. MIGUEL and FELIPE SENA,
his sons.
THE SPANISH AECHIVES OF NEW MEXICO 271
In the matter of the sale of a house to the defendants by
their mother, Maria de Jesus Campos, without the con-
sent of the plaintiff, her husband. Santa Fe, 1832. Juan
Garcia, Alcalde. Francisco Rascon, Alcalde.
On the next to the last page there is a reference to a
house on "La calle publica q va para el barrio del Tor-
reon. ' ' This is the only reference to such a place found
in the archives. Possibly it may refer to the locality in
the neighborhood of the chapel of Rosario, as mention is
made in several archives of a "Torreon" which stood upon
lands in this locality belonging to Lucero de Godoy.
906 MAEIA DE JESUS CAMPOS to Miguel and Felipe
Sena. Santa Fe, 1832.
House and lot in said city. Juan Garcia, Alcalde. No.
905, q. v.
907 MANUEL SENA. Santa Fe.
In the matter of the sale of a house without his consent ;
sale by his wife. Abreu, Jefe Politico. Juan Garcia, Al-
calde. Nos. 905 and 906, q. v.
908 MAEIA GUADALUPE SANCHEZ.
Will. Santa Fe. 1832 or 1833. Jose Maria Baca y Ter-
ras, Alcalde.
909 MIGUEL SENA vs. JUAN ESTEVAN PINO. Santa
Fe. 1835.
Complaint in regard to a reservoir or pond. Albino Pe-
rez, Governor. Francisco Trujillo, Alcalde.
910 EAFAEL SENA of Alburquerque vs. FEANCISCO
BACA, zNavajo. 1835.
Complains that defendant, of whom he and the other set-
tlers of the Cebolleta bought a piece of land at Cubero,
claims a part of the crops raised on the same. Referred
to the Alcalde of Laguna. Albino Perez, Governor.
Petition of August 27, 1835, by Rafael Sanchez to the
jefe politico. The petitioner states that in connection
with all the other settlers of Cebolleta he had bought a
tract of land of Francisco Baca, a Navajo Indian, at the
place called Cubero, near the pueblo of Laguna; that
possession of said tract had been given to the purchasers
by the ex-alcalde, Don Juan Chaves, and the document
evidencing that fact was in the hands of the then alcalde ;
272 THE SPANISH AECHIVES OF NEW MEXICO
that this officer wanted to take from the petitioner one-
third of the crop which he had raised that year, on the
particular portion of the tract which had been assigned
to him, in order to give it to the Indians (of Laguna?)
who claimed a right to the lands.
In view of the foregoing, the petitioner asks the pro-
tection of the jefe politico against the arbitrary action
of the alcalde, and in a postscript he adds that the par-
ties interested in the tract had ceded a piece of land to
the said Indians, which the latter ignored and left un-
cultivated.
On September 9, 1835, the jefe politico, Don Albino
Perez, ordered the alcalde of Laguna to report in detail
on the matters contained in the petition. There are no
further proceedings.
911 EAFAELA SANCHEZ vs. Juan Bautista Vigil. Santa
Fe. 1839.
Question of a corral in said city. Manuel Armijo, Gov-
ernor.
912 MANUEL SANCHEZ. Intestate. Santa Fe. 1839.
Inventory of his estate. Gaspar Ortiz, Alcalde. Gaspar
Ortiz Grant, Reported No. 31.
This grant is entirely within the limits of the grant to
the pueblo of Nambe and its eastern boundary is the
western boundary of the grant to the puebla of Pojoaque.
It was confirmed by Congress June 21, 1860, but has not
been patented.
913 PABLO OETIZ Y MIEEA to Jose Anastacio Sando-
bal. Santa Fe. 1838.
House and lot in said city. Felipe Sena, Alcalde. Anas-
tacio Sandoval to Ayuntamiento of Santa Fe. 1842. Do-
nation of the above house and lot. Antonio Sena, Regi-
dor.
914 JUAN JOSE SAEEACINO. Santa Fe.
Petition for land on the Pecos. No date. No action.
915 FEANCISCO SANDOBAL. Santa Getrudis de lo de
Mora. 1844.
Re-validation of sale of land made to Francisco Sandobal
by Juan Antonio Garcia. Tomas Ortiz, Juez de Primera
Imtancia.
THE SPANISH AECHIVES OF NEW MEXICO 273
916 DIEGO SANDOBAL. Santa Getrudis de lo de Mora.
1844.
Grant. Land on the Mora river. Tomas Ortiz, Juez de
Primera Instancia.
917 AGAPITO SANDOVAL. Voile de Santa Getrudis de
lo de Mora. 1844.
Land on the Mora river. Tomas Ortiz, Juez de Primera
Instancia. The name of Francisco Sandoval is mentioned
in the first part of this grant, but it appears that it must
be a mistake as Francisco had land there by purchase
from Juan Antonio Garcia. No. 915, q. v.
918 FOEEIGNEES as SETTLEES on public lands on the
Sapello. 1845.
Decision of the Departmental Assembly adverse on the
ground that they are frontier lands.
Bernardo V. Franco, Secretario de Gobiemo. In this
archive are a number of signatures of members of the
Assembly.
The national colonization law of January 4, 1823, by
its first article, recites that the Mexican government
"will protect the liberty, property, and civil rights of
all foreigners who profess the Roman Catholic apostolic
religion, the established religion of the empire."
Pursuant to Article 27, "all foreigners who come to
establish themselves in the empire shall be considered as
naturalized, should they exercise any useful profession
or industry, by which, at the end of three years, they
have a capital to support themselves with decency, and
are married. Those who, with the foregoing qualifications,
marry Mexicans will acquire particular merit for obtain-
ing letters of citizenship."
By Article 31 it was provided that "all foreigners who
may have established themselves in any of the provinces
of the empire, under a permission of the former govern-
ment, will remain on the lands which they may have oc-
cupied, being governed by the tenor of the law in the dis-
tribution of said lands."
By virtue of a decree of the Sovereign General Constitu-
ent Congress, August 18, 1824, "those territories com-
prised within twenty leagues of the boundaries of any
foreign nation, or within ten leagues of the seacoast, can
274 THE SPANISH AECHIVES OF NEW MEXICO
not be colonized without the previous approval of the
supreme general executive power."
In 1828, it was decreed that "The governors Jefes
Politicos of the territories are authorized in compliance
with the law of the General Congress of the 18th of Au-
gust, 1822, and under the conditions hereafter specified
to grant vacant lands in their respective territories to
such contractors (empresarios) , families, or private per-
sons, whether Mexicans or foreigners, who may ask for
them, for the purpose of cultivating and inhabiting
them."
In 1824, March 16th, the following edict was issued :
"Antonio Lopez de Santa Anna, general of division,
benemerito of the country, and provisional president of
the Mexican Republic, to all the inhabitants thereof:
"KNOW YE : that after a mature and most cautious
examination into the benefits which will result to the
Republic from permitting foreigners to acquire property;
having heard the opinion of the council of representa-
tives, which with the greatest exactitude examined this
subject ; the reports of several Juntas of the departments,
many well informed persons, and the pro and contra sup-
ported in print; having seen the various projects for a
law which to this effect have been offered ; being also con-
vinced that a frank policy and a well-understood interest
demand that there should be no longer delayed a con-
cession which may tend to the advancement of the pub-
lic, by the increase of population, the extension and di-
vision of property, which consequently makes the national
wealth the greater; having also in consideration that by
these means the safety of the nation may be more and more
secured, since foreign proprietors will be so many more
defenders of the national rights, at the same time that
they are interested in the common property; considering
also the impulse which will be given to agriculture, in-
dustry, and commerce, which are the sources of public
wealth; and finally, that the opinion generally expressed
is in favor of the said concessions, I have thought proper
exercising the powers conceded in me by the seventh of
the bases accorded in Tacubaya, and attested by the rep-
resentatives of the departments, to decree as follows :
"Art. 1. Foreigners not citizens residing in the repub-
lic may acquire and hold town and country property, by
purchase, adjudication, denouncement, or any other title
established by the laws.
THE SPANISH ARCHIVES OF NEW MEXICO 275
"Art. 2. They may also acquire ownership in mines of
gold, silver, copper, quicksilver, iron, and coal, of which
they may be the discoverers, in conformity with the ord-
inance of the branch.
'"Art. 3. Each individual foreigner cannot acquire
more than two country estates in the same department,
without a license from the supreme government, and only
under the boundaries which they now have, each inde-
pendent of the other.
"Art. 9. These arrangements do not include the de-
partments on the frontier and bordering upon other na-
tions, in regard to which special laws of colonization will
be enacted, without the power to foreigners to ever ac-
quire property in them, without the express license of the
Supreme Government of the Republic.
"Art. 10. In the departments which are not on the
frontier, and which may have coasts, only at five leagues
distance from the coasts can foreigners acquire country
property.
"Art. 11. In order that foreigners who may have ac-
quired property in the republic may be citizens thereof, it
is sufficient that they prove before the political authority
of the place of their residence that they are proprietors,
that they have resided two years in the republic, and that
they have conducted themselves well. The expedients
drawn up in this manner will be sent to the proper de-
partment, by which the certificate of citizenship will be
issued.
"Art. 12. Foreigners cannot acquire royal or public
lands in all the departments of the republic, without con-
tracting for them with the government which possesses
this right as representing the domain of the Mexican na-
tion.
* ' Wherefore I order that it be printed, published, circu-
lated, and carried into full effect.
"Palace of the National Government, Mexico, llth
March, 1842. ANTONIO LOPEZ DE SANTA ANNA
"JosE MARIA DE BOCANEGBA,
"Minister of Foreign Affairs and Government"
919 AYUNTAMIENTO DE SANTA FE. 1845.
Petition to the Governor for a piece of land in front of the
Palace Garden. Refused. Jose Francisco Baca y Terrus,
Alcalde. Francisco Ortiz y Delgado, Alcalde.
276 THE SPANISH AECHIVES OF NEW MEXICO
920 FOEEIGNEES as Settlers on public lands on the fron-
tier. 1845.
Decision of the Departmental Assembly in regard thereto.
No. 918, q. v. J. Manuel Gallegos; Tomas Ortiz.
921 JOHN SCOLLY. Santa Fe. 1845.
Petition. Asking reconsideration of his petition for lands
by the Departmental Assembly. No. 918-920, q. v. Chaves,
Governor.
On the 27th of March, 1843, John Scolly, Gregorio Tru-
jillo, Santiago Giddings, Agustin Dnran, Guillermo Smith,
Gabriel Allen, George H. Estes, Mateo Sandoval, Ygnacio
Ortiz, Vincente Lopez, and Francisco Romero petitioned
Governor Manuel Armijo for ten square leagues of land,
situate at the junction of the Sapello and Mora rivers, in
what is now Mora county, New Mexico; at the time, this
land was in the partido or county of Taos ; two days later
Armijo granted the petition and the justice of the peace
of Mora and Las Vegas was directed to put them in pos-
session. On December 4, 1844, Scolly, Trujillo, Giddings,
Duran, Smith, and Romero petitioned Governor Martinez,
who had succeeded Armijo, for a confirmation of the grant
which had been made by the latter, or that a new grant
be made to them, as the time specified for cultivation of
the lands in the former grant had expired. This had oc-
curred on account of the invasion by the Texans, as well
as on account of an order made by Martinez suspending
all of the grants of a similar kind made by Armijo to
other individuals. Martinez referred the petition to the
prefect of the Santa Fe district, and on the 18th of De-
cember, the prefect, Don Antonio Sena, recommended
that the grant be validated.
Nothing was done until the spring of 1846, when Ar-
mijo was again governor, when the same persons, with
the exception of Ygnacio Ortiz, again petitioned for the
land. By direction of Armijo the persons were directed
to be put in possession of as much land as they could culti-
vate, with other provisos. On May 13, 1846, the justice
of the peace of Las Vegas, by order of Governor Armijo,
put the persons named in possession of five square leagues,
made a certificate of his doings and filed the same, to-
gether with a map, with the governor.
Ten square leagues were asked for and five square
leagues were given. The words "cinco leguas cuadra-
das" and "cinco leguas encuadro," according to the
THE SPANISH ARCHIVES OF NEW MEXICO 277
testimony of witnesses, were held to be synonymous terms.
In the month of November, 1843, Scolly had already
begun the cultivation of the land, according to Judge
Joab Houghton. James Bone had a house and cultivated
land near what was known as Barclay's Fort, which was
situate near the junction of the Mora and Sapello rivers,
which was known as Junta de los Rios. Barclay, whose
name was Alexander, built his fort in 1849. This fort
was still standing in the seventies.
The site of Fort Union was taken possession of in 1851
and was leased by the government from the grantees
named in the petition.
Scolly, Giddings, and Smith were foreign born but nat-
uralized Mexican citizens.
Don Donaciano Vigil stated, in 1857, before the sur-
veyor-general, Pelham, that the custom under the Spanish
and Mexican laws of measuring lands was to select a
common center, from which the measurement was made
in each direction, equally to the north, south, east, and
west; that dnco leguas cuadradas would be two and one-
half leagues measured in each direction from a common
center.
Domingo Fernandez, in this case, testified that he was
seventy-four years of age, by the grace of God ; had been
a justice of the peace under the Spanish and Mexican
governments, a member of the cabildo of Santa Fe under
the Mexican government, circuit attorney and keeper of
the archives under the government of the United States.
Donaciano Vigil held the office of recorder of land
titles under General Kearny's appointment, as well as
secretary of New Mexico. General Kearny gave instruc-
tions for the recording of these land titles in a book pro-
vided for that purpose.
In measuring the lands of the Pueblo Indians, Domingo
Fernandez declared that "in the center of the cemetery
of every pueblo there is a cross from which the measure-
ments were made in each direction, as the document called
for."
John Scolly brought the first modern plows to New
Mexico. In his petition, filed with Governor Armijo, he
says: "We ordered from the United States plows of a
new invention, and other necessary farming implements,
which are now on the road and costing a considerable
amount for their purchase and transportation; and dur-
278 THE SPANISH AKCHIVES OF NEW MEXICO
ing the next year we expect merinos and cows to improve
the breed."
922 FELIX MAES to Felipe Sandoval. Santa Fe. 1845.
House and lot. Juan Armijo, witness. Tomas Rivera,
witness.
923 JUAN SAENZ and others.
Grant. Town of Chaperito. File No. 7, q. v.
924 AGUSTIN ZAES to Mateo Trujillo. Santa Fe. 1700.
Land in the city. Testimonio. Certified by Antonio de
Aguilera Isasi, Alcalde.
925 OKIGINAL of 924.
Antonio de Aguilera Isasi, Alcalde.
926 DIEGO TRUXILLO. Grant. 1701.
Land on the Chama. Don Pedro Rodriguez Cubero, Gov-
ernor and Captain-General.
Catalina Griego, widow of Diego Truxillo, and Antonio
Truxillo, their son. Petition for re-validation of this grant
to Salvador Santiestevan and Nicolas de Valverde, their
near relations. 1714.
Salvador Santiestevan and Nicolas Valverde. Re-valida-
tion. Juan Ignacio Flores Mogollon, Governor.
Possession given by Sebastian Martin, Alcalde.
Bartolome Lovato. 1714. Possession given in the same
place to said Lovato by the same alcalde by order of the
same governor. The grants do not conflict. The land is
situate near the mouth of the Chama river.
927 SEBASTIAN DE SALAS to Juan Trujillo. 1701. Santa
Fe.
Land. Pojoaque. Joseph Rodriguez, Alcalde.
928 SEBASTIAN CANSECO to Juan Trugillo. 1702.
Land in Pojoaque called San Isidro. Joseph Rodriguez,
Alcalde.
929 DIEGO TEUXILLO, for his wife, Catalina Griego, and
her sisters, Juana and Maria Griego, vs. Diego Arias
de Quiros.
Relative to a tract of land in Santa Fe. 1703. Testi-
monio of the proceedings, certified to by Alphonso Rael
de Aguilar, Secretary of Government and War.
He also signed himself "Alonzo."
THE SPANISH AECHIVES OF NEW MEXICO 279
930 MATEO TEUXILLO. Santa Fe. 1703.
Protest against grant of a piece of land in Santa Fe to
Joseph Lopez. El Marques de la Nava Brazinas, Gov-
ernor and Captain-General.
931 JOSEPH DE QUIEOS to Miguel Thenorio de Alva.
Santa Fe. 1703.
Part of a grant made to him by Governor Pedro Rodriguez
Cubero in Pojoaque. Antonio Montoya, Alcalde.
932 ANTONIO GODINES to Pascual Trujillo. Santa Fe.
1705.
A rancho in the Canada. Juan de Ulibarri, Alcalde.
933 LAZAEO DE COEDOBA to Jose Truxillo. Villa de
Santa Cruz. 1712.
Una carta dote y todo el poder y senoria que tiene en el
pedaso de tierra que en dicha carta dote le adjudicaron.
934 JUAN DE BIOS SANDOBAL MAETINEZ to Mateo
Truxillo. Villa Nueva de Santa Cruz. 1713.
House and lands. Juan Garcia de la Rivas, Alcalde.
935 BALTAZAE EOMEEO, of Alburquerque, to Nicolas
de Torres. 1715.
House, lot, and lands. Diego Arias de Quiros, Alcalde.
936 FELIPE DE TAMAEIS. Grant. Santa Fe. 1716.
Land in Santa Fe. Re-validation of a grant made by the
Marques de la Nava Brazinas. Phelix Martinez, Gov-
ernor. Possession given by Francisco Lorenzo Cassados.
937 DIEGO ZAINO to Miguel Thenorio de Alva. Santa
Cruz de la Canada. 1712.
Small tract of land. Francisco Montes Vigil; Juan de
Dios Lucero de Godoy; Alphonsso Rael de Aguilar, Al-
calde.
938 XPTOBAL TAFOLLA. Villa Nueva de Santa Cruz.
1718.
Will. Bohorques y Corcuera, Alcalde.
939 JOSEPH EODEIGUEZ and Maria Lopez Conejo, his
wife, to Antonio de Tafolla. Santa Fe.
House and lot. 1718. Bohorques y Corcuera, Alcalde.
280 THE SPANISH AKCHIVES OF NEW MEXICO
940 EAMON DE MEDINA to Juan Truxillo. Santa Fe.
1719.
House and land. Bohorques y Corcuera, Alcalde.
941 XPTOBAL DE TAFOLLA ALTAMIEANO.
Grant. Valle de Taos. 1722. Juan Domingo de Busta-
mante, Governor. No possession given.
942 JUAN and ANTONIO TAFOLLA.
Grant. Canada de Santa Clara. 1724. Juan Domingo
de Bustamante, Governor. Xptobal Torres, Alcalde. Santa
Clara Grant, q. v.
Petition by Juan and Antonio Tafoya for lands in the
Canada of Santa Clara, west of the lands belonging to
the Indians of the pueblo of that name.
The boundaries asked for in the petition were on the
east of whatever belonged to the Indians of the pueblo, on
the west as far as the high mountain range, on the north
a high, wooded, black hill which pointed toward the moun-
tain, on the south a straight line from the little table-land
of San Ildefonso.
The grant asked for was made by Governor Juan Do-
mingo de Bustamante on June 8, 1724, and the chief al-
calde of Santa Cruz was ordered to place the parties in
possession.
On June 10, 1724, Cristobal Torres, chief alcalde and
war-captain of Santa Cruz, proceeded to give possession
of the tract granted, in the presence of the caciques, gov-
ernor, and war-captains of the pueblo of Santa Clara.
The Indians stated that if the Tafoyas were going to
cultivate lands on the tract in question it would result in
grave injury to the pueblo, as there was scarcely enough
water in the stream which flowed through the canada to
enable them to cultivate their fields, and consequently
they would not consent to the giving of the possession to
the Tafoyas until they had presented their objections to
the Spanish governor. Thereupon, Cristobal Tafoya, who
was present as the representative of the two grantees, his
sons, stated that they did not want the tract for agricul-
tural purposes, but only to build corrals and keep their
cattle and horses there. To this the Indians agreed, and
the possession was given with that understanding.
943 XPTOBAL DE TOEEES.
Grant on the Chama. 1724. Made by Juan Domingo de
THE SPANISH AECHIVES OF NEW MEXICO 281
Bustamante, Governor. Re-validated in 1726 by the same
official. It appears that the grantee gave lands to the fol-
lowing :
Juana Lujan, Joseph Truxillo, Nicolas Jorge, Josepha
de Madrid, widow of Cristoval Tafoya, el Moso, Antonio
de Sandoval, Juan de Serna, Mateo Truxillo, and Fran-
cisco Trujillo, upon condition that they would settle there
within a certain time. The original grantee died, and,
later on, the settlements not having been made, proceed-
ings were begun to have the grant revoked, and this was
done by the governor and captain-general, Gervasio Cru-
zat y Gongora, in 1733, and the lands were published as
"realengas." In this archive are:
Xptobal Torres.
Will. 1726.
Angela de Leyba, widow of Xptobal Torres.
Will. 1727. It appears that the revocation was made
with notice to all of the parties interested.
No. 950, q. v.
There is a grant called Jose Trujillo, Reported No. 12,
which was rejected by the court of private land claims. It
conflicted with the pueblos of Santa Clara, Pojoaque, and
San Ildefonso.
XPTOBAL TOEEES vs. Heirs of Juan de Mestas.
Question of boundaries. Villa Nueva de Santa Cruz. 1725.
945 ANTONIO DE GIJOSA to Baltazar Trujillo. Villa de
Santa Cruz.
Reported Claim No. 109, Antonia Gijosa, q. v.
946 ANTONIO DE ULIBAEEI to Maria de Tafolla. 1727.
Santa Fe.
House and lands. Diego Arias de Quiros, Alcalde.
947 PHELIPE DE TAMAEIS to Lugarda Tafolla. Santa
Fe. 1728.
Lands. Diego Arias de Quiros, Alcalde.
The parents of Felipe Tamaris were Francisco de Tam-
aris and Ysabel Gutierrez.
948 SALVADOE GONZALES to Manuel Thenorio de
Alva, Santa Fe. 1729.
Two pieces of land. Diego Arias de Quiros, Alcalde.
282 THE SPANISH AECHIVES OF NEW MEXICO
949 JUAN DE TAFOYA ALTAMIEANO and Antonio de
Tafoya.
In the matter of the use of the water of the Santa Clara
river. 1734. Refused to them by Gervasio Cruzat y Gon-
gora, Governor.
Reported Claim of the pueblo of Santa Clara and No.
942, q. v.
Petition of Juan de Tafoya and Antonio de Tafoya,
asking for the privilege of cultivating land in the Canada
of Santa Clara. They state that they had been settled in
the canada for ten years, but had not been permitted to
cultivate lands there because of the objections made by
the Indians of Santa Clara on account of the scarcity of
water in the stream which comes down from the canada-,
that there was a spring in the canada which they could
use without interfering with the water of the river, and
numerous pieces of land which produced crops without ir-
rigation. They requested the governor to send some re-
liable person to investigate the truth of their statements,
and, in case the conditions should be as they alleged, they
asked that they be allowed to cultivate the lands referred
to.
This petition was presented to Governor Cruzat y Gon-
gora on March 4, 1734, and he immediately ordered the
lieutenant-general Don Juan Paez Hurtado, to inspect
the lands in question, and make report to him.
This was done by Paez Hurtado on March 8, 1834, in the
presence of the governor of the pueblo of Santa Clara,
the interpreter, and five other principal men of the pu-
eblo, and also the two Tafoyas, Juan and Antonio.
Paez Hurtado stated that he went up the canada on one
side of the river and came down on the other; that he
found the spring of water on the south side, about 60
paces from the river, that it discharged its waters into a
marsh, and the latter into the river ; that he examined the
pieces of land which the Tafoyas said could be cultivated
without irrigation, and which they had been cultivating
for ten years, and that they were under irrigation; that
the governor of the pueblo said that it was all irrigated
because there were some lateral ditches in the midst of the
fields; that the Tafoyas said these ditches were to irrigate
some of the more elevated parts of the lands, and this
statement was corroborated by an Indian named Antonio,
a native of Santa Clara.
THE SPANISH AECHIVES OF NEW MEXICO 283
The report of Paez Hurtado was transmitted to Gov-
ernor Cruzat y Gongora on March 10, 1734, and on the
13th of that month he decided that the prayer of the pe-
titioners could not be granted.
950 DIEGO DE TOEEES. Villa Nueva de Santa Cruz.
1731.
Petition in the matter of the settlement of the grant made
to Xptobal de Torres on the Chama. Gervasio Cruzat y
Gongora, Governor. No. 943, q. v.
951 BALTAZAE EOMEEO to Baltazar Truxillo. 1732.
Reported Claim No. 109, q. v.
952 JUAN and ANTONIO TAFOYA.
Petition. 1733. For lands in the Canada de Santa Clara.
Refused. Gervasio Cruzat y Gongora, Governor. Nos.
972 and 949, q. v. Also the Santa Clara Grant.
Petition by Juan and Antonio Tafoya to Governor Cru-
zat, alleging that they had been in possession of a tract of
lands in the Canada de Santa Clara for eight years, which
tract had been granted to them by Don Juan Domingo de
Bustamante; that they had cultivated the land all the
time ; that while they were in quiet and peaceable posses-
sion of it, they received a written order from Miguel de
Archibeque, chief alcalde of Santa Cruz, to present to
him the titles they held to said tract; that having com-
plied with said order, a few days later the alcalde died;
that although they had endeavored to recover their title
papers they were unable to find them, even in the hands
of the executors. In view of all this they ask the gov-
ernor to make them a new grant of the premises, stating
the boundaries to be on the east by the boundaries of the
pueblo of Santa Clara, on the west by the main mountain
range, on the south by a table-land called that of San Ilde-
f onso, and on the north by the lands of Juan de Mestas.
This petition was presented to the governor on Novem-
ber 12, 1733, and he thereupon ordered the petitioners to
present witnesses before Antonio de Ulibarri, chief al-
calde of Santa Fe, to prove the making of the grant by
Governor Bustamante.
Subsequently this was done, the petitioners at different
times presenting five witnesses, whose sworn statements
were reduced to writing, and made a part of the record.
These depositions showed that the grant undoubtedly
284 THE SPANISH AECHIVES OF NEW MEXICO
had been made by Governor Bustamante ; that possession
had been given by the chief alcalde, Captain Cristobal de
Torres; that the Indians had objected to the grantees be-
ing permitted to cultivate any lands on the tract granted,
because such cultivation would interfere with the supply
of water in the Santa Clara river, on which stream they
depended for the cultivation of their own fields; that the
Tafoyas then stated they did not want the grant for agri-
cultural purposes but only as a ranch; that the Indians
had no objections to it being used for that purpose, and
that possession was given with that understanding.
Also it was shown that the Tafoyas had settled the land,
built houses, opened up the lands, and even built a chapel.
In view of the foregoing, Governor Cruzat y Gongora,
on November 20, 1733, stated that the possession which
had been given of the tract should be understood as ap-
plying only to a ranch, and not to planting lands.
On November 26, 1733, this decision was made known
to the Tafoyas by the chief alcalde of Santa Cruz, Captain
Juan Esteban Garcia de Noriega, and the Tafoyas, after
hearing and understanding it, stated that they still had
some statements to make in regard to the possession.
The document abruptly ends in that way.
953 PHELIPE TAMAEIS, for Ms wife, Magdalena Baca.
1734.
Claim for house and lands against Francisco Guerrero.
Santa Fe. Compromised. Gervasio Cruzat y Gongora
Governor.
Felipe Tamaris was a vecino in 1733 and 1734; married
Magdalena Vaca, daughter of Ignacio Vaca and Juana de
Almazan; there are four of Tamaris 's signatures, the
last being certified to by Antonio de Ulibarri.
954 SALVADOR DE TORRES, Xptobal Tafoya, Josefa de
Torres, Juan Joseph de la Cerda, Miguel Montoya,
Juan Truxillo, Miguel Martin Serrano, Francisco
Truxillo, Vincente Xiron, and Bartolome Truxillo.
Petition. 1734. Lands on the Chama at Abiquiu. Grant
made by Gervasio Cruzat y Gongora, Governor. Posses-
sion given by Juan Paez Hurtado, Teniente General.
955 JOSEPH ANTONIO DE TORRES. Petition. 1735.
Land at Abiquiu. Grant made by Juan Paez Hurtado,
THE SPANISH AECHIVES OP NEW MEXICO 285
Acting Captain-General. Revoked by Cruzat y Gongora,
Governor.
TOWN of TOME. Grant. 1739.
Reported Claim No. 2, q. v.
The grant to the Town of Tome was made in the year
1739 ; the new settlement was called "Nuestra Senora de la
Conception de Tome Dominguez" and was named for the
celebrated Captain Thome Dominguez de Mendoza, who
owned a rancho near by prior to the pueblo rebellion of
1680. The grant is as follows :
' ' Sir Senior Justice : All the undersigned appear be-
fore you, and all and jointly, and each one for himself,
state, that in order that his excellency the governor may
be pleased to donate to them the land called Thome Do-
minguez, granted to those who first solicited the same,
and who declined settling thereon, we therefore ask that
the land be granted to us; we therefore pray you to be
pleased [eaten by mice] at that time [eaten by mice] said
settlers, we being disposed to settle upon the same within
the time prescribed by law ; we pray you to be pleased to
give us the grant which you have caused to be returned,
as you are aware that our petition is founded upon ne-
cessity and justice, our present condition being very lim-
ited, with scarcity of wood, pasture for our stock, and un-
able to extend our cultivation and raising of stock in this
Town of Alburquerque on account of the many foot-paths
encroaching upon us, and not permitted to reap the ben-
efits of what we raise, and, in a measure, not even our
crops on account of a scarcity of water, and with most of
us our lands are of little extent and much confined, etc. ' '
The original settlers were : Juan Barela, Jose Salas, Juan
Ballejos, Manuel Carillo, Juan Montano, Domingo Sedillo,
Matias Romero, Bernardo Ballejo, Gregorio Jaramillo,
Francisco Sanches, Pedro Romero, Felipe Barela, Lugardo
Ballejos, Agustin Gallegos, Alonzo Perea, Tomas Samorra,
Nicolas Garcia, Ignacio Baca, Salvador Manuel, Francisco
Silva, Francisco Rivera, Juan Antonio Zamora, Miguel
Lucero, Joachim Sedillo, Simon Samorra, Xptobal Galle-
hos, Juan Ballejos, grande, Jacinto Barela, and Diego
Gonzales.
This petition was presented to Juan Gonzales Bas, chief
alcalde of Alburquerque and by him referred to the gov-
ernor and captain-general, Don Gaspar Domingo de Men-
286 THE SPANISH AECHIVES OF NEW MEXICO
doza, who made the grant, and possession was given on
July 30, 1739, by Don Juan Gonzales Bas, the boundaries
being: on the west the Rio del Norte; on the south the
place commonly called "Los Tres Alamos"; on the east
the main ridge of the Sandia Mountains, and on the north
the point of the Cienega at the hill called Thome Domin-
guez.
957 FEANCISCO BENDON to Cayetano Tenorio. Santa
Fe. 1739.
House and land. Antonio Montoya, Alcalde.
958 MANUEL VELASQUEZ to Bernardino Truxillo.
Santa Fe. 1739.
Land on the other side of the Rio de Santa Fe. Antonio
Montoya, Alcalde.
959 ANTONIO DOMINGUEZ to Antonio Tafoya. Santa
Fe. 1739.
Land in Santa Fe. Antonio Montoya, Alcalde.
960 DIEGO GAYTAN to Bernardino Truxillo. Santa Fe.
1739.
House and land in Santa Fe. Antonio Montoya, Alcalde.
961 PHELIPE TAFOYA.
Grant. Santa Fe. 1742. Land near Santa Fe known as
the Rancho de Velasquez. Gaspar Domingo de Mendoza,
Governor. Possession given by Antonio de Ulibarri, Al-
calde.
962 TOMAS DE TAPIA. Grant. Santa Fe. 1742.
The land designated in the grant made to Phelipe Ta-
foya. No. 961, q. v. Gaspar Domingo de Mendoza, Gov-
ernor.
963 JOSEPH DE BIAfiO TAGLE.
Will. Santa Fe. 1743. Also inventory of his estate.
Testimonio certified by Antonio de Hulibarri, Alcalde.
964 JOSEPH DE BIAfiO TAGLE.
Will and inventory and partition of his estate. Santa Fe.
1743. No. 963.
Joseph Antonio de la Fuente. Santa Fe. 1743. Peti-
tion for the settlement of the estate of Ana Maria Baca,
THE SPANISH AECHIVES OF NEW MEXICO 287
widow of Joseph Griego, she having died intestate. Gaspar
Domingo de Mendoza, Governor.
Don Jose de Riafio y Tagle was a native of the kingdom
of Castile, archbishopric of Burgos, mountains of San-
tander, in the Villa de Santillana. He was the son of Don
Jacinto Riafio and Dona Teresa de Tagle Bustamante. His
wife was Doiia Maria Roybal, daughter of Don Ignacio
Roybal and Dona Francisca Gomez Robledo. Of this mar-
riage there was one son, Jose Riaiio. His place of resi-
dence was at "El Alamo," in Santa Fe county. He also
had a fine residence in the City of Santa Fe, on lower San
Francisco street, which had a garden, orchard, and ex-
tended from the street to the river. Both of these places
he purchased from Doiia Maria Fernandez de la Pedrera.
Riano was an intimate friend of Captain Juan Jose Lo-
bato. The Juez Eclesiastico and vicario Don Santiago
Roybal was his brother-in-law, as was also Don Juan Jose
Moreno.
This will, owing to the sudden illness of the testator
and the impossibility of obtaining other, is written upon
a small piece of paper. He was a very wealthy man for
the period ; he was a slave owner (negroes) and owned a
land grant at the Piedra Lumbre. Lugarda Lujan was
his god-daughter. The will provides that six thousand
pesos be set aside as patrimony for his son, Jose, who was
dedicated to the priesthood. Don Jose Miguel de la
Pefia's signature appears in the inventory.
At this period oxen were worth $25.00, bulls $16.00,
steers $20.00, calves $6.00, cows $16, mares $15.00 ; a gun
was worth $40.00 and a pair of silk stockings, gold em-
broidered were worth $8.00 ; a saddle, silver mounted, was
valued at $120.00, and a sword with silver hook and
handle, $50.00; a pair of spurs with straps were valued
at $30.00. Sheep sold for $2.00, wethers or ewes. The
place called San Jose del Alamo, his country residence,
was two stories in height, with corridors, and contained
thirteen rooms.
965 JOSEPH MARIANO DE LOS DOLORES ITURRIETA
and OTHERS.
Petition. Lands at Xemes. 1744. Of no effect. Joachin
Codallos y Rabal, Governor.
966 JOSE TERRUS.
Will. 1745. Santa Fe. Antonio de Hulibarri, Alcalde
288 THE SPANISH AECHIVES OP NEW MEXICO
967 CEISTOBAL TAFOYA and OTHERS.
Partition of lands. 1745. Reported Claim No. 109, q. v.
Francisco, Antonio, Gijosa Grant.
Gijosa Grant; Reported No. 109, has an area of about
1557 acres, a part of which conflicts with the grant to the
pueblo of Taos. The grant was confirmed by the court
of private land claims and under the decree and survey
it was found that the grant had more than 16,000 acres.
The conflict under the new survey with the Taos Pueblo
Grant was entirely eliminated. It was patented October
26, 1908.
968 LUGARDA QUINTANA.
Will. Villa Nueva de Santa Cruz. 1749. Ilario Ar-
chuleta, Alcalde.
969 JUAN TOMAS LOBATO to Pedro Antonio Truxillo.
1750. Santa Fe.
Land at Buena Vista. Joseph de Bustamante (y Tagle),
Alcalde.
970 HEIRS OF MANUEL TRUXILLO and Maria de la
Candelaria Gonzales, his wife. Santa Fe. 1751.
Partition of estate. Names of the heirs: Maria Fran-
cisca Trujillo, Antonio Marcela Truxillo. Manuel Gal-
legos, Alcalde.
971 PEDRO TRUXILLO and Bartolome Martin to Cristo-
bal Truxillo. 1751.
Lands on the Rio Pojoaque. Juan Joseph Lobato, Al-
calde.
972 BLAS TRUXILLO to Maria Rosa de Mestas. 1751.
Lands on the Rio de Jojoaque. Juan Joseph Lobato, Al-
calde.
973 JUAN TRUXILLLO in the name of Pedro, Francisca,
Josepha Truxillo, minor heirs, and for himself to An-
tonio Truxillo. Pojoaque. 1751.
Lands on the Rio de Pojoaque. Juan Joseph Lobato, Al-
calde.
974 FRANCISCO ANAYA ALMAZAN to Teresa Tenorio.
House and land in Santa Fe, 1751. Manuel Gallegos, Al-
calde.
THE SPANISH AKCHIVES OF NEW MEXICO 289
1)75 LAS TRAMPAS GRANT.
Settlement of 1751; Reported Claim No. 27.
Grant and Royal Possession, and Donation of Sebas-
tian Martin, in favor of the resident settlers, included
here in at the new settlement of the place called l ' Santo
Tomas del Rio de Las Trampas."
At the Town of Nuestra Sefiora de la Soledad del Rio
Arriba, on the first of July, in the year one thousand
seven hundred and fifty-one, before me, Captain Juan
Jose Lovato, chief justice and war-captain of all this juris-
diction, appeared Captain Sebastian Martin, resident of
said town, and declared: That, whereas, he has reliable
information that Don Thomas Velez Cachupin, governor
and captain-general of this kingdom, intends, as good gov-
ernments should do, to settle the place called Santo Tomas
Apostol del Rio de Las Trampas, with twelve families,
consisting of the following named citizens; Juan de Ar-
guello, Melchor Rodriguez, Antonio Dominguez, Pedro
Felipe Rodriguez, Eusebio de Leyba, Luis de Leyba, Juan
Jose de Arguello, Juan Garcia, Salvador Baca, Ygnacio
Vargas, Vicente Lucero, and Jose de Aragon, and consid-
ering that said settlement will redound to the service of
His Majesty (whom may God preserve) and to the pub-
lic weal, he grants, donates, and conveys, according to
law, to the above mentioned citizens, a piece of land from
his possession, which adjoins said settlement, in order
that it may have sufficient land for cultivation on both
sides of the Trampas river; that from the Penasco del
Canoncito to the main road; said piece of land, on being
measured, contains one thousand six hundred and forty
varas, and in proportion the proper amount of land in a
direct line from south to north, to have, use and culti-
vate it for themselves, their children, heirs and successors,
and barter, sell and dispose of the same, for which pur-
pose he assigns and transfers to the aforesaid citizens all
the royal and personal title he had to said lands, granting
the same to them free of all tax, tribute, mortgage, or
other encumbrance, for which neither himself, his chil-
dren, heirs, or successors will enter suit, dispute, or com-
plaint against them, and if he should do so he requests not
to be heard in court or out of court, as said land is do-
nated freely and voluntarily, for the just ends above ex-
pressed, and for which he resigns his own rights, resi-
dence and vicinity, under the law cit combenerit, and the
290 THE SPANISH AECHIVES OF NEW MEXICO
general law in reference to the matter, acknowledging this
deed to be good, and (valid) any want of form to the
contrary notwithstanding, and for its greater force and
validity, he requested me, the aforesaid senior justice, to
interpose my judicial decree, which I certify to have in-
terposed, acting as appointed judge, with two attending
witnesses, in the absence of public or royal notaries, with-
in the limits provided by law ; said conveyor did not sign
this document, as he has an impediment in his sight, and
it is executed at the aforesaid town on the day and date
above mentioned, to all of which I certify.
Este duplicate valid. JUAN JOSE LOBATO
Acting Judge attending :
JUAN DOMINGO LOVATO
In the City of Santa Fe, on the fifteenth day of the
month of July, one thousand seven hundred and fifty-
one, I, Don Thomas Velez Cachupin, governor of this
kingdom of New Mexico and castellan of its royal gar-
rison, stated: That whereas, in the general visit made
by me, in conformity with royal orders throughout the
entire extent of this kingdom, as will appear by reference
to several decrees, it appears that the inhabitants of this
said city have increased to a great extent, many of whom
are yet of a youthful age, consequently there is not land
or water sufficient for their support, neither have they
any other occupation, trades, or means of traffic, excepting
agriculture and the raising of stock; and whereas, in the
King's domains which are unoccupied, there are lands
which up to this time are uncultivated, and which will
yield comforts to those who cultivate them, and where
such persons as shall be named in this town, who have no
occupation or employment, can settle upon and cultivate
such lands as shall be assigned to them, from which the
further benefit will result that the hostile Indians will
not travel over them, and will serve as a barrier against
their entrance to despoil the interior settlements. In
view of all which, and whereas one of the said sites is
called Santo Thomas Apostol del Rio de las Trampas,
situate in the vicinity of the settlement of Santa Barbara,
therefore, I hereby assign and distribute said site in the
manner and to the persons following :
To Juan de Arguello, one hundred and eighty varas of
wheat-growing land, with corresponding water, pastures,
and watering places, entrances and exits, without injury
to third parties.
THE SPANISH AKCHIVES OF NEW MEXICO 291
To Melchor Rodriguez, the same hundred and eighty
varas as the foregoing.
To Antonio Dominguez, the same amount and number
of varas as the preceding one.
To Pedro Felipe Rodriguez, the same, one hundred and
eighty varas, without variation.
To Eusebio de Leyva is assigned the same amount of
land, under the same conditions.
Luis de Leyva is placed on an equality with the others
in lands and measurements.
To Juan Jose de Arguello is assigned the same quantity
with the conditions above prescribed.
To Juan Garcia is assigned the same amount of one
hundred and eighty varas.
To Salvador Vaca a like grant of land is made, with
the measurements and conditions above-mentioned.
To Ygnacio Vargas, in the same manner, are assigned
one hundred and eighty varas of land.
To Vicente Lucero will be given the same amount, in
comformity with the above.
To Joseph de Arragon, who is the last of the twelve
heads of families, the same amount of land, in conformity
with the conditions imposed on the balance, above de-
scribed.
To whom, for the reasons above stated, I grant, in the
name of his Majesty, (whom may God preserve) two
thousand one hundred and sixty varas of arable land, all
of which are wheat-growing and under irrigation, in the
canon and streams of the Trampas river, which runs from
east to west, for themselves, their children, successors, and
other legal (torn); to have, cultivate, and reap the
benefit of its fruits, crops, and other profits, without in-
jury to third parties; and considering that this quantity
of wheat-growing land will not be sufficient, on account
of the increase of their families, and as in the canon or
place where they are to settle, from east to west, there
are no other lands under irrigation that they can use,
and whereas there are two canons, called De los Alamos
and Ojo Sarco, south of the Trampas river, which, al-
though not susceptible of irrigation, are most fertile and
of good quality, I also grant them to the above-mentioned
persons, to be equally divided between them, in the same
manner as the two thousand one hundred and sixty varas,
assigning them as boundaries a narrow made by the river,
where it joins the mountain, on the east ; on the west the
292 THE SPANISH ARCHIVES OF NEW MEXICO
narrows (Angostura) of the river, to where the grant
made to Sebastian Martin terminates, and drawing a
straight line from the Angostura towards the south to the
summit of the Canada del Ojo Sarco; on the north, the
boundary of the pueblo of Picuries ; and on condition that
they shall not sell, transfer or convey, or in other manner
dispose of all or a portion of said lands, until the expira-
tion of the four years provided by law, and not even then
to ecclesiastics, convents, colleges, or other communities.
And Juan Joseph Lovato, the chief justice of the town
of Canada, will give the royal and personal possession to
all in common, and to each one in particular, of their re-
spective tracts; and for that purpose and the other pur-
poses herein mentioned, and concerning the authentic
documents thereunto appertaining, he is hereby commis-
sioned as the law requires, and after having executed all
the necessary acts and decrees in the premises, he will
return them complete to this government.
Further, in regard to Sebastian Martin having [torn]
made a donation of a piece of land, with what has been
before stated, I approve said (donation), and interpose
my authority and judicial (decree) including them in the
two thousand one hundred and sixty varas, with which
they will have sufficient. All of which I, the said gover-
nor, have determined, after mature deliberation, desiring
the service of the king and the public good. And I so
ordered and signed, acting with two attending witnesses,
in the absence of a public or royal notary, there being
none in this kingdom. To all of which I certify.
THOMAS VELEZ CACHUPIN
THOMAS DE ALVEAR Y COLLADO
THORIBIO ORTIZ
At this place of Santo Thomas Apostol del rio de las
Trampas, I, Juan Joseph Lovato, chief justice and war-
captain of the new city of Santa Cruz and its districts, by
virtue of the commission conferred upon me by Don
Thomas Velez Cachupin, governor and captain-general of
this kingdom of New Mexico, and in conformity with the
directions therein contained, I placed the aforementioned
citizens in royal and personal possession, according to the
decree of his excellency, after having performed all the
ceremonies directed by the royal ordinances. Joseph
Zamora, Manuel Martin, and Juan Fresque, being present
and acting as instrumental witnesses, having been sum
THE SPANISH AECHIVES OF NEW MEXICO 293
moned by me for that purpose, the distribution, centre,
and boundaries being as follows [torn] : The residences
and dwellings of the twelve families, fifty-seven and one-
half varas, were set aside towards (the four points of the
compass) leaving for drippings, enclosures, stables, and
other objects of that nature [the following fifteen lines in
the original are so much torn as to be unintelligible]
sixty-one varas in equal parts on the southern side, one
hundred and eighty varas belong to Juan de Arguello;
one hundred and eighty varas to Eusebio de Leyba; to
Vicente Lucero another hundred and eighty varas of land ;
to Juan Garcia a like one hundred and eighty varas of
land; to Jose Aragon another hundred and eighty varas
of land ; Juan Joseph Arguello also received one hundred
and eighty varas of land ; to Melchior Rodriguez the same,
one hundred and eighty varas of land; to Pedro Phelipe
Rodriguez another one hundred and eighty varas of land ;
to Salvador Baca, in consequence of the arable land hav-
ing become narrower as it entered the canon, were as-
signed two hundred varas of land ; and considering that a
gulch in the centre of the fields prevents [torn] the same
amount of one hundred and eighty varas which is [torn]
received in possession, establishing the boundaries in di-
rect lines, [the remaining portion of the original docu-
ment, with the exception of the last four lines, is torn in
half and illegible], in the absence of a royal or public
notary, and it is done at the aforesaid place of Santa
Thomas Apostol, on the twentieth day of the month of
July, in the year one thousand seven hundred and fifty-
one, to all of which I certify.
JUAN JOSEPH LOVATO, Acting Judge.
FRANCISCO ZISNEROS
ANTONIO JOSEPH LOVATO
976 BARTOLOM3 TRUJILLO.
Grant, 1752. Rancho de San Joseph de Garcia. At San-
ta Rosa de Abiquiu. This is the second time that this
land was granted to this grantee, the first having been
made in 1734 by Juan Paez Hurtado. Tomas Veles Caehu-
pin, Governor.
977 FRANCISCA CADENA to Jose Torres. Santa Fe.
1753.
House and land. Nicolas Ortiz, Alcalde.
294 THE SPANISH ARCHIVES OF NEW MEXICO
978 MAEIA LUISA CADENA to Jose Torres. Santa Fe.
1753.
Land. Nicolas Ortiz, Alcalde.
979 ANTONIO DE AEMIJO to Josepha Thenorio. Santa
Fe. 1755.
House and land. Francisco Guerrero, Alcalde.
980 ISIDEO MAETIN to Getrudis Trugillo. Santa Fe.
1757.
House and land. Francisco Guerrero, Alcalde. Phelipe
Sandoval Fernandez.
981 SANTIAGO DE EOIBAL, vicario, etc., to Phelipe Ta-
foya. Santa Fe. 1758.
Land in Pueblo Quemado, about one league distant from
Santa Fe. Francisco Guerrero, Alcalde.
982 MANUEL DE SENA to Miguel Tafoya. Santa Fe.
1758.
House and land. Francisco Guerrero, Alcalde.
983 ANTONIO DUEAN DE AEMIJO, el Chico, to Fran-
cisco Trugillo. Santa Fe. 1759.
House and land on San Francisco street.
984 LUIS FEANCISCO DE LEYBA to Juan de Tafoya.
Santa Fe. 1759.
House and land in Santa Fe. Francisco Guerrero, Al-
calde.
985 JACINTO PEEEA to Juan Tafoya. Santa Fe. 1761.
Land at the place called El Pino. Manuel Gallegos, Al-
calde.
986 TOMAS EOIBAL to Juan Tafoya. Santa Fe. 1762.
House and land. Manuel Gallego, Alcalde.
987 MAECIAL TOEEES of Taos Valley. 1762.
Inventory and partition of his estate. Francisco Marin
del Valle, Governor.
988 FEANCISCO EAEL DE AGUILAE to Martin Torres.
Santa Fe. 1763.
House and land. Manuel Gallego, Alcalde.
THE SPANISH AECHIVES OF NEW MEXICO 295
989 PASCUALA VASQUEZ to Cristobal Tapia. Santa
Fe. 1764.
Land. Francisco Guerrero, Alcalde.
990 ANTONIO GONZALES of Alameda.
In the matter of the settlement of his estate. Nicolasa
Gonzales by her attorney, Antonio Casimiro Trujillo vs.
Josepha Barela, her mother-in-law. Tomas Velez Cach-
upin, Governor.
991 MAEIA BACA and Domingo de Luna, her husband,
by their attorney, Miguel Thenorio de Alva, to Miguel
Tafoya. Santa Fe. 1767.
A tract of land in the Canada called Guicu, acquired by
said Maria Baca by inheritance from her father, Nicolas
Baca. Pedro Fermin de Mendinueta, Governor. Fran-
cisco Guerrero, Alcalde.
992 NICOLAS MOBAN to Miguel Thenorio de Alva.
Santa Fe, 1767.
Land in Buena Vista. Francisco Guerrero, Alcalde.
993 JUAN MARTIN to Manuel Teyes (Telles). Pojoaque.
1769.
Tract of land on the Rio del Norte. Antonio Joseph Or-
tiz, Alcalde.
994 MARIA FRANCISCA TRUXILLO. San Geronimo
de Taos. 1770.
Will. Antonio Harmijo (Armijo), Alcalde.
995 PHELIPE TAFOYA.
Will. Santa Fe, 1771. Pedro Fermin de Mendinueta,
Governor.
996 ANTONIO ELIAS MARTIN to Manuel Trujillo. San-
ta Fe. 1772.
Land. Manuel Garcia Pare j a, Alcalde.
997 CAYETANO TORRES. Intestate. Sabinal 1780.
Inventory and partition of his estate. Juan Francisco
Baca, Alcalde.
998 ANTONIO TAFOYA.
Jose Maldonado, Teniente.
296 THE SPANISH AECHIVES OF NEW MEXICO
999 CAELOS FERNANDEZ to Vincente Troncoso. Santa
Fe. 1786.
House in said city. Antonio Jose Ortiz, Alcalde.
1000 JOSEPH MANUEL TEUJILLO. Will San Joseph
de Chama. 1770-1785.
Proceedings in the administration of his estate, etc. Juan
Bautista de Anza, Governor.
The town of Chamita had a grant. Reported No. 36.
File No. 64, which lies west of the Rio del Norte and al-
most entirely within the boundaries of the grant to the
pueblo of San Juan. It was confirmed June 21, 1860, but
has not been patented.
1001 BAEBAEA TEUXILLO, of the Vallecito de Xemes,
vs. Bautista Gonzales. 1794.
In the matter of lands sold to defendant by her father-
in-law, Paulin Montoya, etc. Papers incomplete. Miguel
Canelas, Comandante Accidental y Capitan Graduado de
este Real Presidio.
1002 JOSEPH and MAEIANO TEUXILLO of Sabinal and
Abiquiu, vs. Adauto Isidro Fresquis. 1801.
In the matter of title to a certain rancho. Manuel Garcia
de la Mora, Alcalde.
1003 MANUEL THENOEIO DE ALVA vs. Heirs of Juan
Domingo Eomero. Santa Fe. 1810.
In the matter of a piece of land in the Cienega. Man-
rique, Governor. Bartolome Fernandez.
1004 HEIES OF CHEISTOBAL TOEEES vs. Ignacio,
Juan Lorenzo and Eosalia Valdez. No date.
Protest against grant of land at Chama. No action.
1005 FEANCISCO TEUXILLO, Bartolome Marquez, and
Diego Padilla.
Petition for lands on the Pecos. No action. 1813.
This is the Los Trigos Land Grant. The original pe-
tition was addressed to the governor of New Mexico, May
26, 1814, Don Jose Manrique. The petitioners asked for
a tract of uncultivated land situate in the place called Los
Trigos, as far as El Gusano, independent of the league
of the Indians of the pueblo of Pecos. The matter was
THE SPANISH AECHIVES OF NEW MEXICO 297
referred to the corporation of Santa Fe, at that time com-
posed of the following:
Matias Ortiz, Antonio Ortiz, Manuel Gallegos, Juan de
Dios Sena, Ignacio Ortiz, Manuel Delgado, Juan Esteban
Pino, Francisco Ortiz, Felipe Sandoval, Francisco Ortiz,
Jr., and Francisco Montoya, Cristobal Ma. was secretary.
The "Ojito de las Ruedas" and " El Gusano" are
prominent places mentioned in the papers on file; these
were both the sites of old pueblos, the ruins of which may
still be seen, consisting today of covered mounds of earth ;
they were undoubtedly occupied in the time of the first
Spanish explorers, as these names have come down from
the seventeenth century. There is also an "Arroyo de
Las Ruedas ' ' which empties into the Rio Pecos.
Don Domingo Fernandez is authority for the statement
that in 1822 the place was abandoned because of the hos-
tilities of the Apaches who killed a prominent Mexican,
named Vincente Villanueva, near Las Ruedas.
The first man to cultivate lands at Los Trigos was Don
Mariano Casados.
1006 FRANCISCO TEUJILLO.
Manrique, Governor. Manuel Garcia de la Mora, Alcalde.
Marcos Delgado, Secretary of the Ayuntamiento of Abi-
quiu. This paper is not complete.
1007 FRANCISCO TRUJILLO. Part of 1006.
No final action.
1008 IGNACIO TAFOYA and others. 1819.
Grant. Reported Claim No. 96. Canon de Carnuel.
1009 TOWN OF TECOLOTE.
Grant, 1824. Reported Claim No. 7.
The citizen, Salvador Montoya, made petition for this
grant saying that he had no lands wherein to "scatter a
few grains of corn and other seed for my support and
that of the large family which I have." This petition
was filed with the constitutional justice at San Miguel
del Bado, Don Diego Padilla, October 8, 1824. The al-
calde thought the petition ' ' rigorously just ' ' and sent the
same to the Territorial Deputation, that body at the time
being composed of the following : Bartolome Baca, presi-
dent; and the Sefiores Antonio Ortiz, Pedro Jose Perea,
Pedro Bautista Pino, Matias Ortiz and Juan Bautista
298 THE SPANISH AECHIVES OF NEW MEXICO
Vigil, secretary. The Deputation approved the petition
and the same was also approved by the political chief,
Don Bartolome Baca. it was approved by the surveyor-
general of New Mexico, December 31, 1856. Don Tomas
Sena, the constitutional justice of El Bado (San Miguel)
placed the petitioners in possession of the property on
the 23d day of April, 1825. This was a noted stopping
place on the Old Trail from the Missouri river to Santa
Fe.
1010 MANUEL TEUXILLO. San Miguel del Socorro.
1827.
Complaint against Santiago Torres, Alcalde, for ejectment
from lands granted to him in said place. Antonio Nar-
bona, Governor. No final action taken.
1011 JOSE TAFOYA vs. Jose Perea. Alameda. 1827.
Letter of Mariano Sanchez Vergara, Alcalde of Alameda,
in relation to a suit between the said parties. No final ac-
tion.
1012 GETEUDIS TAFOYA vs. Heirs of Santiago Garcia.
Alameda. 1827.
In the matter of title to lands inherited from her maternal
grandmother, Prudencia Gonzales. Manuel Armijo, Gov-
ernor. Cleto Miera y Pacheco, Alcalde.
1013 JOSE MANUEL TRUXILLO and 77 others.
Report of Committee of the Territorial Assembly on their
Petition for lands at the Manzano. 1829.
1014 DOLORES JALOMO, Ignacio Nino Ladron de Gue-
bara, Marcelino Abreu.
Registration of a mine. 1833. Antonio Narbona, Gov-
ernor.
1015 FEANCISCO BACA Y TERRUS.
Grant. 1839. Reported Claim No. 57.
1016 FEANCISCO BACA Y TEEEUS.
Grant. 1840. Reported Claim No. 57.
1017 JUAN DE UEIBAEEI. Grant. 1709.
Land in the jurisdiction of Alburquerque. Possession
not given. El Marques de la Penuela.
THE SPANISH ARCHIVES OF NEW MEXICO 299
:_018 JUAN DE UEIBAERI. 1709.
Registration of a mine. El Marques de la Peimela.
1019 JUAN DE URIBARRI. 1710.
Registration of a mine. El Marques de la Pefiuela.
1020 JUAN DE URIBARRI, Matias Madrid, Sebastian Du-
ran, Bartolome Lobato, Joseph Madrid, Simon de
Cordoba.
Petition for a tract of land near Chama. 1710. Granted
but no possession given. El Marques de la Pefiuela.
Roque Madrid and others. Petition. 1712. Asking
that they be permitted to leave the Villa Nueva de Santa
Cruz and take possession of the old Villa de Yunque-Yun-
que on the Rio del Norte near Chama. Refused on the
ground that it would leave Santa Cruz without sufficient
defense.
El Marques de la Pefiuela. Juan Paez Hurtado, Ten-
iente General.
Bartolome Lovato and others. Villa Nueva de Santa
Cruz. Petition asking that they be declared the founders
of the Villa Nueva de Santa Cruz. 1712. Reply by
Juan Paez Hurtado, Teniente General.
BARTOLOME LOVATO and Others.
Villa Nueva de Santa Cruz. No date. Protest to the
Captain-General against his giving the land they had asked
for to Bartolome Sanchez. No action taken.
Andres Gonzales, Sebastian Duran, Diego Marquez,
Bias Lobato, Simon de Cordoba, Captain Bartolome Lo-
bato, Jose Madrid, Tomas de Bejarana, Cristobal de Cas-
tran, Matias Madrid, and Ysabel de la Serna, who were
residents of the Villa Nueva de Santa Cruz, asked the gov-
ernor and captain-general, the Marques de la Penuela,
for a tract of land "called in ancient times the Town of
Yunque"-, the petition was referred to Don Juan Paez
Hurtado. So that those interested may know, this archive
recites as follows:
11 To the ancient place established by the first founders
who came with Dn Juan de Onate, known as San Gabriel
and by other name the Town of Yunque."
These petitioners had been residents of the Villa Nueva
de Santa Cruz "since the year 1694." General Hurtado
declared that if these left Santa Cruz would practically
be abandoned and on March 30, 1712, reported adversely ;
300 THE SPANISH ARCHIVES OF NEW MEXICO
the report was approved by the governor and captain-gen-
eral.
This archive also recites that the pueblo of Chama was
on the west bank of the Rio Grande and on the north
side of the Rio Chama. The petition is dated February
22, 1710.
Reference is also made to the reestablishment of the
new pueblo of Isleta. Captain Bartolome Lobato came
from Zacatecas. General Hurtado says that Cristobal
Rodarte and Cristobal Castro, Matias Madrid and Juan
Madrid were soldiers at El Paso in 1695 and that Diego
Marquez and Simon Cordoba were at that place also,
serving their fathers.
On page 5 the settlement of San Gabriel, made by Don
Juan de Dilate in 1598, is referred to also as La Villa de
Yunque.
1021 ANTONIO DE URIBARRI vs. Xptobal Martin and
Antonia de Moraga.
Title to a piece of land in Chimayo. Phelix Martinez,
Governor. Xtobal Torres, Alcalde.
1022 ANTONIO DE URIBAKKI. Grant. 1735.
Land at Pueblo Colorado. Made by Juan Paez Hurtado
and revoked by Governor Cruzat y Gongora. Miguel Mar-
tin Serrano, Juan Estevan Garcia de Noriega.
This is a grant to Antonio de Ulibarri for a small piece
of land at a place called Pueblo Colorado, somewhere in
the district under the control of the chief alcalde of Santa
Cruz.
The only thing in the document that relates to Pueblo
Indians is the statement made by Ulibarri in his petition,
where he says that in the year 1733 he presented a peti-
tion to Governor Cruzat y Gongora, asking for a tract of
land adjoining the lands of the pueblo of San Felipe, and
the governor answered his petition by saying that he could
not make the grant because it would be to the prejudice
of the Indians, who had documents showing that they had
paid their money for it.
1023 PHELIPE DE APODACA to Juan Cayetano Vnuave.
Santa Fe. 1766.
House and land. Francisco Guerrero, Alcalde.
THE SPANISH ARCHIVES OF NEW MEXICO 301
>4 ANTONIO URBAN MONTASO. Los Palacios.
Will. 1772. Manuel Garcia Pareja, Alcalde.
On June 15, 1754, Antonio Urban Montafio, a resident
of Santa Fe, registered a tract of land which at one time
was occupied by the pueblo of San Marcos. In the peti-
tion he describes an arroyo in that vicinity known as "Lo
de Basquez. ' ' One boundary call is the ' * road leading to
the pueblo of Galisteo." He was given the property by
Governor Cachupin "with the understanding that he shall
not damage with his herds the commons and the pasture
of the horses of this royal garrison, nor the pasturage for
the herds kept for the supply and support of the soldiers
of the garrison, which are kept and pastured at those
places. ' '
The turquoise mountain of Chalchuihuitl is mentioned
in the act of possession. Another boundary call is the
Sdbinos Altos de Chuacaco.
1025 TOMAS URIOSTE. Santa Fe. 1820.
Will. Jose Antonio Alarid, Sargento.
1026 JOSE FRANCISCO URIBARRI. San Miguel del
Bado. 1844. For himself and others.
Petition for re-validation of a tract of land within the
boundaries of Las Vegas called "La, Sanguijuela." No ac-
tion taken.
1027. DIEGO DE VARGAS ZAPATA LUJAN PONCE DE
LEON, Marques de la Nava de Brazinas. Santa Fe.
1704. Will.
IN THE NAME OF GOD ALMIGHTY Know all
who may see this my last will and testament that I, Gen-
eral Don Diego de Vargas Zapata Lujan Ponce de Leon,
Marques de la Nava Brazinas, Governor and Captain-Gen-
eral of this Kingdom and Provinces of New Mexico, by
His Majesty appointed, native of the imperial court of
Madrid in the Kingdom of Castile, being sick in bed with
the infirmity which God, Our Lord, has been pleased to
place upon me, believing as I firmly and truly do in the
mystery of the Holy Trinity, Father, Son and Holy Ghost,
three distinct persons and only one true God, receiving as
I do receive, as my intercessor, the Holy Virgin Mary,
mother of the divine and eternal Word, I confide my soul
to a most clear career of salvation, interceding with his
302 THE SPANISH AKCHIVES OF NEW MEXICO
worthy Son for forgiveness of all my sins, I do make or-
der and dispose and declare this to be my testament in
the manner and form following:
Firstly : I commend my soul to God who created it with
the price of His precious blood, and my body to the earth
from which it was made.
And if His Divine Majesty shall be pleased to take me
away from the present life, I desire and it is my will
that a mass be said while the corpse is present in the
church of this town of Bernalillo, and afterwards the
same shall be taken to the Villa of Santa Fe and placed
and suspended in my bed selected as a bier and in the
same to be taken to the church of the said town of Santa
Fe and buried in said church at the principal altar under
the platform where the priest stands; this I ask as a
favor, said bier to be covered with honest woolen cloth
and buried according to military rites and the title cere-
monies and privileges of Castile, leading two horses cov^
ered with the same cloth as the bier.
I order that on the said day of my funeral there be
distributed among the poor of said Town fifty measures
of corn and twelve head of cattle.
I declare, also, that since the eighth day of June of
last year, One thousand seven hundred and three, when
I left the City of Mexico, I have been indebted to the
Royal Treasury of His Majesty for the salary for two
years which was advanced to me, which at the rate of two
thousand dollars per annum will amount to four thousand
dollars, which the Most Excellent Duke of Alburquerque
ordered his officers and judges of the Court of Mexico to
deliver to me upon my giving a life security, and having
given the same with the Captains Don Joseph de Villa
Urritia, Knight of the Order of Alcantara, and the Major
Don Pedro de Tagle, Knight of the Order of Alcantara,
and also with Don Joseph Carrillo, Chief Officer of Fac-
torage of the Royal Exchequer (Minister of Finance}.
I leave and assign for the payment and satisfaction of
the most of the account of which I may be indebted to
His Majesty from the day that God Our Lord may be
pleased to take me away said salary, and that the afore-
mentioned may not suffer or be compelled to pay any
amount, I assign as a special pledge two young negro
coachmen, of known age, for whom I paid six hundred
and sixty dollars, the excise tax having been paid by me
and which is mentioned in the receipts in my possession,
THE SPANISH AECHIVES OF NEW MEXICO 303
to which I refer; and my attorney will also deliver a
white mulatto woman named Josefa de la Cruz, twenty-
two years of age, the wife of Ygnacio, one of the two
coachmen, who was the slave of Don Juan Cristobal de
Palma y Mesa, councilman of the Royal Audience of
Guadalajara, the contract showing her value.
In the same manner my attorney and executor, the same
being my Lieutenant-General, Don Juan Paez Hurtado,
will remit or sell at the best obtainable prices the follow-
ing silverware :
1st: Thirty small silver dishes, the fifth part taken,
and twenty-four sealed with my coat-of-arms and weigh-
ing more than two marks.
Two large dishes which weigh twelve marks and
ounces.
Six candle-sticks, with my coat-of-arms, and two pairs
of candle snuffers, which weigh forty-two marks, more
or less.
Twelve silver porringers which weigh twelve ounces,
sealed with my coat-of-arms, the one-fifth part taken.
One salver bowl, gilded with a siren, weighing sixteen
and seventeen marks, more or less. ,
One small silver keg, with stopper and chain, the one-
fifth part taken, weighing six marks.
One large plain tankard, weighing two marks and six
ounces.
Six silver forks and their silver tea-spoons, the fifth
part taken and weighing twelve ounces.
Three silver table spoons, weighing about two ounces.
One large silver fountain, engraved, one-fifth part taken
and weighing twenty-three marks.
Another small silver fountain, engraved with vine-
leaves, the one fifth taken, weighing thirteen marks.
One silver deep bowl, for shaving purposes, the one-
fifth taken and weighing twelve marks.
One large silver waiter, weighing fourteen ounces.
One silver basin, with my coat-of-arms, the one-fifth
taken and weighing nine marks.
One pair of pearl ear-rings, with eight fine emeralds,
each one and its pendants worth five hundred dollars.
One finger ring, with a rose diamond, checkered and
enameled in black, worth four hundred dollars.
Another finger ring with two diamonds, enameled in
black and gold, worth one hundred dollars.
304 THE SPANISH ARCHIVES OP NEW MEXICO
Said silverware I leave to my testamentary executor to
be sold to the person or persons of his approval, the re-
turns to be remitted to the three said gentlemen, my said
sureties, in said court and City of Mexico, and in the same
manner he shall pay the balance of the freight upon
three boxes of gun-powder, whatever it may amount to,
together with the cost of hides, ropes and covers, for which
said amount I ask him to secure a receipt in full pay-
ment.
I also declare as my sons, although not by legitimate
wife, Don Juan Manuel de Vargas, of the age of twenty-
four years, and Don Alonzo de Vargas, of the age of
twenty-three years, and their sister Dona Maria Theresa,
who is with her mother in the City of Mexico, of the age
of nineteen years, who have been supported on my ac-
count and to whom I assign two thousand dollars in cash,
which are in a small cedar box, and more to make up said
amount there will be found in the silk warehouse, forty-
five dollars, it being understood that said amount of two
thousand dollars shall be divided among the three, the
two brothers and sister, in equal parts.
In the same manner I leave to the said Don Juan and
Don Alonzo de Vargas the two saddles which I have used ;
also two pairs of pistols, with the holsters ; the banners of
Anselm and Saint Michael, the Great, with the covers and
cushions; two cloth suits which I have worn, one whitish
and the other blue, with the gold buttons, covered with
flesh color, and the whitish with its waist-coat and trou-
sers of brown cloth, adorned with flounces of gold and
silver ; this I leave to my son, Don Juan Manuel, and the
other to my said son, Don Alonzo, together with a jacket
of blue brocade, and a pair of trousers of blue plush and
enough cloth of silk grogram for another pair; and fur-
thermore of the piece of camlet cloth which I have as-
signed, each one of my sons will make a new suit of cloth,
a coat and two pairs of trousers, lined with the color of
their selection of the listed cloth in the warehouse, with
silk buttons, and the jackets lined with the same listed
cloth; in the same manner I leave them six shirts, em-
broidered with the best of lace, three to each one; two
jerkins with eaten-moth laces, one to each; and of the
neckties which I have commonly used, I leave two to each
one of my said sons; further, four pairs of stockings of
genoba, two pairs to each, and I leave to my said SOD, Don
Alonzo, one pair of blue silk stockings, embroidered with
THE SPANISH AECHIVES OF NEW MEXICO 305
gold, and the pair which are silver curled to my son, Don
Juan; I leave them four pairs of bed-sheets, two to each,
with the embroidered pillow-cases ; I leave them four yards
of fine linen, to each of my two said sons ; to my said son,
Don Alonzo, I leave my two cloaks, one of fine native
cloth, and the other of gold color, lined with serge ; to my
said son, Don Juan, I leave the choice of the color of the
cloak lined with serge; I also leave them three pairs of
drawers, to each one, and one full piece of fine linen to be
used by them for handkerchiefs ; and I leave to them the
selection, to be taken to their mother and sister, a dress
pattern of fine camlet cloth, with the lining of the listed
cloth which they may like the best, and a pattern of pet-
ticoats of scarlet cloth from England, with the silk and
trimmings ; one silk mantle with fringe, for each one ; fur-
thermore, I leave them the two trunks which I have ; and
to my said son, Don Alonzo, I leave my fine sword hilt,
and to my said son, Don Juan, I leave my small sword;
and each one to have a leathern jacket, the one I have
used and another from the warehouse; in the same man-
ner to take to the General at Parral one leathern jacket of
blue color and the stockings and gloves which I ordered
to be made; I also leave to them my leather case, large
elbow chair and eight ready mules, selected to the satis-
faction of my slave, the negro Andres, who, for having
rendered me good service with his great love and good will
ever since the year ninety-one, by this clause, I give him
liberty, with the understanding that he shall take my said
sons to the City of Mexico and remain with them such time
as he may see fit, and to whom will be given and provided
a saddle and two mules to his satisfaction, with a gun,
cover, cushions, bridle, reins and saddle-bag, hat, jacket
and a pair of trousers of cloth, and, in the same manner
will be given to my said sons one hundred pounds of
chocolate and sugar and twelve measures of wheat-made
dried bread, stockings, shoes, soap and hats for the said
journey, which they will make two months after my death,
or with the messenger who may take this notice of my death
and in their company will go Don Antonio Maldonado
Zapata, to whom I give four mules for pack animals and
two saddle mules, fifty pounds of chocolate and fifty of
sugar, four measures of wheat, six pairs of shoes, six
bundles of tobacco, six dollars' worth of soap and two
hats in order that he may accompany my two sons.
To my secretary of government and war, also, for the
306 THE SPANISH AKCHIVES OF NEW MEXICO
love I bear him, I make him the gift of what he may owe
me, and more, I leave him cloth of England enough for a
suit of four yards, with its listed linings and buttons, so
that with due care and legality he may assist my said
lieutenant-general, by these presents appointed my testa-
mentary executor.
To the accounts which I have with the soldiers, cor-
porals and officers of war of this garrison, paid in full
their year in advance, and to the others, owing small
sums, to pay them in full to their satisfaction upon the
settlement of their accounts.
There shall also be made an inventory of all of my
property, assigning first to my said Lieutenant-general
and compadre, Don Juan Paez Hurtado, the testamentary
executor and administrator, my black hat embellished with
blue and white feathers and my silver-laced cloak, lined
with blue plush, and a new jerkin with grogram and silk
lace and my gold cane.
To my said sons I leave my mourning suit and to the
said Don Antonio Maldonado Zapata, in consideration of
relationship and friendship, I leave to him all that he
may owe me on account of salary and furthermore, I give
him a pair of stockings of yellow color, embroidered with
silver, and one pair of socks.
Out of the inventory of my property when made, there
will be paid the parochial fee for the nine masses over the
corpse, to the Rev. Fr. Guardian, giving him one hun-
dred candles for the bier and fifty for the altars and those
Religious present ; I believe there is chocolate of my liking
in two baskets amounting to about two hundred and twen-
ty-five pounds, and the balance in what he may ask to be
paid in goods which may be left.
Relative to the great quantities of supplies with which
I have been supplied by the government and which appear
to have come in to the Villa of Santa Fe during the last
year, one thousand seven hundred and three, I submit the
bill of exchange which I have drawn in favor of said per-
sons. To Don Francisco Dias Tagle, resident of the City
of Mexico, I may be indebted as to that which may not
have been paid on the salary of one hundred soldiers of
the garrison of the Villa of Santa Fe, and their year paid
in advance began on the 16th day of December of last
year, one thousand seven hundred and three, and will end
in the present year, one thousand seven hundred and four,
and for the payment of said balance I assign to said chief
THE SPANISH ARCHIVES OF NEW MEXICO 307
officer the goods of said inventory and also five hundred
and fifty head of cattle, furnishing the said soldiers as
usual from said stock and grain which are in my ware-
house and in the house of Captain Diego Arias, the por-
tion which appears in the book of accounts, and at La
Canada in possession of Sylvestre Pacheco, and from the
one as well as from the others said soldiers shall be sup-
plied, all of which will be administered by my lieutenant
promptly, the soldiers making to him their obligations to
pay out of their salaries, and the new Governor who shall
come to make the payment for said soldiers out of their
salaries in the first payment to be made in the present
year one thousand seven hundred and four, in order that
the said soldiers may not be in need of the necessary sup-
port in their aid to the Royal service, for which and in
compliance with which the said soldiers shall give to my
said lieutenant the notes required by him for what may be
given to them and also giving to them thirty head of cat-
tle each month at the pleasure of my said lieutenant.
In the same manner I declare that I am indebted in the
City of Mexico to the Captain Don Juan de Bazoco in the
sum of two thousand one hundred and ninety dollars, pay-
able at the end of the month of May of the present year.
Furthermore, I am indebted to the Count of Fresno de la
Fuente as evidenced by a note of seven hundred and some
odd dollars, for the amount of my account which his pre-
decessor, Don Mathias de Munaris did not collect, and for
the payment of which I ask the Captain Don Antonio de
Valverde to pay the same on account of what he owes me
and to remit a bill of exchange to my said testamentary
executor to be by him enclosed with notice of my death to
the said Count de Fresno de la Fuente.
In the same manner will Don Antonio Valverde pay to
the Captain Don Francisco Sanchez de Tagle the balance
due on account of three boxes of gun-powder which was
gotten on my account in Mexico from the general con-
tractor and the lead which I gave as ammunition for the
journey, which he will pay at the rate of one dollar and a
half for gun-powder and lead.
In the same manner said Captain Antonio Valverde will
pay in form convenient to himself and when agreeable, the
different accounts furnished to the soldiers of his garrison
and also for one box of soap which, at his request, I fur-
nished him at said garrison at El Paso del Norte.
I leave in full force and effect the testament made by me
308 THE SPANISH AECHIVES OF NEW MEXICO
on the first day of June of last year, one thousand seven
hundred and three, in the City of Mexico, before Don
Juan de Valdez, Notary Public for His Majesty, in which
I declared and as to this I repeat and declare as the suc-
cessor of my first-born son as Marques de la Naba Bra-
zinas, my oldest grand-son as therein stated.
I do appoint in my place my Lieutenant general, that as
soon as I may die he may govern this kingdom, the po-
litical as well as the military, who shall give immediate
notice to the Viceroy, the Duke of Alburquerque, and in
the same manner, for the discharge of this my testa-
ment and its contents, I appoint my said lieutenant,
Juan Paez Hurtado, my testamentary executor and the
keeper of my goods, and after the discharging of the pro-
visions of my will, having paid and satisfied all as in the
same stated, it is my will that the remainder be remitted
to my said administrators, Don Miguel de Ubilla and Don
Diego Suazo y Cojales, and this I sign, while on the cam-
paign, in the Town of Bernalillo, with the Captain Alonzo
Rael de Aguilar, my secretary of government and war,
and I, the said secretary say that in my presence it was
made by the Marques de la Naba Brazinas, present gov-
ernor and captain general of this Kingdom, and I do cer-
tify and know that His Excellency is in his entire judg-
ment and natural understanding which God Our Lord has
been pleased to give him, and while His Excellency is in
the field, and there not being any royal or public notary
in this Kingdom and much less there being in this place
an alcalde who could ex-officio acknowledge this testament,
for said reason, it was ackuowledged by me, the said sec-
retary of government, to give it full faith according to
law ; His Excellency signing it before me said secretary of
government and war and signing as witnesses Lieutenant
Juan de Urribarri, Don Antonio Maldonado, Adjutant,
and the Captain Felix Martinez, who were present and
duly signed as stated. Made in the Town of Bernalillo
on the seventh day of the month of April, in the year one
thousand seven hundred and four, and written upon
ordinary plain paper as there is none which is sealed at
this place. Holding of no value persons and seventy head
of cattle.
And in the same manner I desire and it is my will that,
whereas, I have furnished the Captain Don Felix Mar-
tinez what my account books show, that my said admin-
istrator do not collect anything from him for I give it
THE SPANISH ARCHIVES OF NEW MEXICO 309
to him for the great service and love which he has ren-
dered me, and this clause shall be complied with as all
the others, and I sign it before said secretary and wit-
nesses on said day, month and year.
Moreover, I declare that I have another mulatto slave
by the name of Jose de la Cruz, whom also, on account of
the time he has served me, lovingly and willingly, I do
give to him his liberty, with the understanding that he
will serve my said sons Don Juan and Don Alonzo de
Vargas five years, and at the end of which time he will
be at liberty, as appears by this clause and the declara-
tion made before a notary by my said sons that said Jose
de la Cruz has served the five years. I sign it with said
secretary of government and war and the witnesses.
THE MARQUES DE LA BRAZINAS [Rubric]
Witnesses :
JUAN DE ULIBARRI [Rubric]
ANTONIO MACARIO MALDONADO ZAPATA [Rubric]
FELIX MARTINEZ [Rubric]
Before me:
ALFONZO RAEL DE AGUILAR [Rubric]
Secy, of Govmt. and War.
On said day, month and year, I, the said Governor and
Captain-general, Marques de la Naba Brazinas, do say;
that notwithstanding the long time since I came from
New Spain, I have ordered a great number of masses to
be said for the repose of my soul, and notwithstanding
this testament is closed, I desire and it is my will to have
five hundred masses, two hundred applied to the Holy
Virgin of Remedies, my protector, for the benefit of my
soul, and three hundred for the souls of the poor who
died in the conquest of this Kingdom and may have died
up to the present day, for which I order my testamentary
executor to pay the necessary fees out of my property,
requiring a receipt for the payment of the same, and be-
ing oppressed with the sickness which his Divine Majesty
has been pleased to afflict me, although in my entire
judgment and understanding, and not being able to sign
this clause it is done for me by the Lieutenant Juan de
Uribarri, there being present my secretary of govern-
ment and war, whom I ask to certify, and I the said sec-
retary, being present, do say that the said Marques is in
his complete judgment and understanding and declares
this clause and order for masses, and I sign it with said
310 THE SPANISH ARCHIVES OF NEW MEXICO
Lieutenant Don Juan de Uribarri, the witnesses being the
Captain Don Fernando Duran y Chaves, Thomas Olguin
and Don Bernardo Duran y Chaves, all present.
By request of The Marques de la Naba Brazinas.
JUAN DE URIBARRI [Rubric]
FERNANDO DURAN Y CHAVES [Rubric]
THOMAS OLGUIN [Rubric]
BERNARDO DURAN Y CHAVES [Rubric]
Before me:
ALFONZO RAEL DE AGUILAR [Rubric]
Secy, of Govmt. and War
1028 SEBASTIAN BODRIGUEZ to Micaela de Velasco.
Santa Fe. 1707.
Land on the other side of the Rio de Santa Fe.
1029 FEANCISCO MONTES VIGIL.
Grant. 1710. Reported Claim No. 91, q. v. Town of
Alameda.
1030 JUANA DE ZOSA CANELA to Juan Ballejo. Santa
Fe. 1716.
Land in Alburquerque. Juan Garcia de las Rivas, Alcalde.
1031 JUAN DOMINGO DE BUSTAMANTE, General, to
Antonio de Valverde de Cossio, General. Santa Fe.
1722.
Land below the City of El Paso del Rio del Norte "cuyos
sitios lindan por la parte del con los sitios de dho Sr. Gen.
Dn. Antonio de Valverde y por la otra con el Pueblo de
Guadalupe q. fue de los Indios Zumas que es por la parte
Pondente y por la del Oriente por una y otra vanda hasta
la sierra q. llaman de las Minas, y por la parte del medio
dia hasta la sierra por la del Norte Las Salinas, y Sierra
Florida en presio y cuantia de Zinco mil pesos de oro,"
etc.
Francisco Bueno de Bohorques y Corcuera, Alcalde.
This deed shows that General Don Antonio de Val-
verde Cossio was the uncle and father-in-law of General
Don Juan Domingo de Bustamante, both governors of
the Province at different periods.
1032 JUAN EUIS CORDEEO to Francisco Velasquez.
Santa Fe, 1722.
House and land. Francisco Bueno de Bohorques y Cor-
cuera, Alcalde.
THE SPANISH AECHIVES OF NEW MEXICO 311
33 MATEO TRUXILLO to Sebastian de Vargas and
Miguel de Dios. 1722.
House and lands in Santa Fe. Francisco Bueno de Bo-
horques y Corcuera, Alcalde.
034 LORENZO TRUXILLO to Pedro Vigil. Santa Fe,
1724.
Bancho in La Canada de Santa Cruz. Bohorquez y Cor-
cuera, Alcalde.
CAYETANO and AGUSTIN LOBATO to Domingo
Vigil. Santa Fe, 1727.
Land in Canada de Santa Cruz. Diego Arias de Quiros,
Alcalde.
Shows that Santa Cruz de la Canada was on south side
of the river; see No. 742 and No. 427.
1036 JUAN LUJAN to Antonio Velasquez. Santa Fe,
1730.
House and lands. Diego Arias de Quiros, Alcalde.
1037 DIEGO GALLEGOS to the Pueblo of Santo Domingo
to Miguel Joseph de la Vega y Coca. Santa Fe, 1730.
One-half interest in a tract of land lying between Santo
Domingo and Xemes, called San Miguel de la Cruz. Diego
Arias de Quiros, Alcalde.
1038 LUIS ROMERO, Picuries Indian. 1732.
Permission given him to sell a piece of land near Embudo
to Pedro Montes Vigil. Gervasio Cruzat y Gongora, Gov-
ernor.
Petition by Luis Romero, an Indian of the pueblo of
Picuries, to the governor of New Mexico, asking permis-
sion to sell a piece of land which he had at a place called
Embudo. Whether he meant the settlement of that name
or the stream now called the Embudo river is not clear.
The petition was presented to Governor Cruzat y Gon-
gora at Santa Fe on February 17, 1732, and by him re-
ferred to the Indians of the pueblo of Picuries, in order
that they might state whether their interests would be
prejudicially affected by the proposed sale.
On February 25, 1732, the Indians stated that they de-
sired the sale to be made; and the heirs of Luis Romero
consented to it, etc.
312 THE SPANISH AECHIVES OF NEW MEXICO
On February 28, 1732, Governor Cruzat y Gongora, in
view of the statement made by the Indians, granted to
Romero the permission to make the sale, which, according
to the governor's statement, Romero wanted to make to
Pedro Montes Vigil.
This document is interesting as throwing some light on
the view entertained at its date as to the right of a Pueblo
Indian to sell land, although there is nothing in it that
makes certain the location of the land, which may have
been at or near the settlement of Embudo, miles distant
from the Picuries pueblo grant, or at some point on the
Embudo river, and possibly within the grant.
1039 JOSEPH DE BIAftO. Santa Fe, 1736.
Presents petition asking that the grants to Mateo Tru-
xillo, made by Governor Cubero, situate between the
leagues of the pueblos of San Ildefonso and Santa Clara
be measured and land-marks set up. Proceedings in the
matter, etc. Gervasio Cruzat y Gongora, Governor.
Petition by Joseph de Riano, asking that the Indians
of Santa Clara and San Ildefonso be required to produce
any documents that they might have, showing the extent
of their holdings, in order that he might know what were
the boundaries of a grant, lying between the two pueblos,
which he had bought from one Trujillo, and which had
not been denned by monuments.
On March 15, 1736, Governor Cruzat y Gongora di-
rected General Don Juan Paez Hurtado to measure one
league from each of the two pueblos in the direction of the
ranch which Riano had bought, and to put up monuments
at the proper places.
On March 17, 1736, General Paez Hurtado, in company
with Captain Juan Esteban Garcia de Noriega, chief al-
calde of the district, Captain Domingo Vigil, Francisco
Gomez, and the natives of the two pueblos, began at the
corner of the plaza of San Ildefonso and measured 4,600
varas to the slope of the table-land, and from that point 400
varas more "of the lands of Baltazar Trujillo (the party
from whom Riano had purchased) to complete the five
thousand varas which make the league belonging to said
pueblo of San Ildefonso." He then proceeded to measure
the league belonging to the pueblo of Santa Clara, and
discovered that it was 169 varas less than the full length
of 5,000 varas, "there remaining to Baltazar Trujillo, be-
THE SPANISH AECHIVES OF NEW MEXICO 313
tween the measurements of said pueblos, eighty-four
varas."
General Paez Hurtado further states that notwithstand-
ing he had orders to place monuments to mark the lands
of the two pueblos he would defer doing so until he had
reported to the governor what he had already done.
On March 18, 1736, Governor Cruzat y Gongora, in view
of the report of Paez Hurtado, decided that nothing new
should be done in the matter, and that the monuments
should be left at the points where they were established.
1040 JOSEPH XAKAMILLO to Leogardo Gallego. Al-
burquerque, 1734.
Lands. Geronimo Xaramillo, Alcalde.
1041 DIEGO DE VELASCO. Grant. 1725.
Land in the Canada called Cundiyo. Juan Domingo de
Bustamante, Governor. Revoked in 1738 by Enrique de
Olavide y Michelena, Governor.
Petition by Diego de Velasco for a tract of land in the
Canada of Cundiyo, the boundaries of which were on the
west a tract called the Potrero, on the east some hills up
in the canada, on the north the Rio de en Media, on the
south the river of said place of Cundiyo.
This petition was presented to Governor Juan Domingo
de Bustamante on July 14, 1725, and he made the grant
on condition that it should not be to the prejudice of the
Indians or that any third party who might have a better
right, and directed the chief alcalde of Santa Cruz, with
that understanding, to place the party in possession.
There is no evidence that the possession was ever given.
On the 15th day of September, 1738, Governor Hen-
rique de Olavide y Michelena, being at that date at the
pueblo of Nambe, on a general inspection tour, attached
to the foregoing petition and grant his decree abrogating
the same because of representations made to him by the
Indians showing that Velasco was causing them great
damage; that in all the intervening years he had not re-
ceived juridical possession of the property.
1042 JUANA DE LOS BIOS to Manuel, Diego, Antonio, and
Juana Velasquez. Santa Fe, 1739.
Donation of a tract of land. Antonio Montoya, Alcalde.
314 THE SPANISH AKCHIVES OF NEW MEXICO
1043 DOMINGO VALDEZ. Santa Fe, 1742.
Grant. Entrances and exits. Juan Domingo de Men-
doza, Governor. Antonio de Hulibarri, Alcalde.
1044 JOSEPH FRESQUI to Manuel Gregorio Vigil. Santa
Fe, 1750.
Land. Juan Joseph Lovato, Alcalde.
1045 MANUEL VALERIO to Juan Manzanares. 1751.
Land on the Chama. Juan Joseph Lovato, Alcalde.
1046 JUAN DE DIOS ROMERO to Francisco Montes Vigil.
Santa Cruz, 1751.
Land at San Francisco del Pueblo Quemado. Juan Jo-
seph Sandoval, Alcalde.
1047 JOSE DE MEDINA to Juan Bautista Vigil. Chimayo.
1751.
Lands. Juan Joseph Sandoval, Alcalde.
1048 SANTIAGO MARTIN to Felix Valerio. CMmayo,
1751.
Land. Juan Joseph Sandoval, Alcalde.
1049 CLARA DE VILLAREAL, wife of Melchor Rodriguez.
San Joseph de Garcia. Jurisdiction of Pueblo of Pi-
curies. 1753.
Inventory and partition of her estate. Made at request
of Juan Joseph de Arguello, husband of Joachina Rod-
riguez, daughter of said Clara de Villareal. Nicolas de
Ortiz, Alcalde.
1050 MANUEL VALERIO vs. Lazaro de Atienza. Santa
Cruz de la Canada. 1753.
Question of boundaries. Tomas Velez Cachupin, Gov-
ernor.
1051 ANTONIO VARELA.
Grant in Fuenclara. 1754. Tomas Velez Cachupin.
1052 JOSEPH RAMO DE VERA. Santa Fe, 1753.
Will. Nicolas Ortiz, Alcalde.
1053 FRANCISCO MONTES VIGIL. Grant. 1754.
Reported Claim No. 128, q. v.
THE SPANISH AECHIVES OF NEW MEXICO 315
1054 CRISTOBAL VIGIL and Manuel and Joseph Mon-
toya. 1754.
Petition for land on the Truchas. No final action taken.
Tomas Velez Cachupin, Governor.
1055 JUAN MONTES VIGIL. Santa Fe, 1762.
Will, inventory, and partition of his estate. Manuel Gal-
lego, Alcalde. Tomas Velez Cachupin, Governor.
1056 MARTIN TORRES to Manuel Vigil. Santa Fe, 1762.
Lands. Manuel Gallego, Alcalde.
1057 NICOLASA VIGIL. Chama. 1765.
Will, proceedings, and partition of her estate. Tomas Ve-
lez Cachupin, Governor.
1058 JOACHIN GARCIA DE NORIEGA to Salvador and
Ignacio Vigil.
Land in Canada de Santa Cruz. 1766. Manuel Garcia
Pare j a, Alcalde.
1059 DIEGO MANUEL BACA and Joaquin Valencia.
Santa Fe, 1772.
Exchange of real property in said city. Manuel Garcia
Pare j a, Alcalde.
1060 MANUEL MONTES VIGIL, alcalde of Taos, 1780.
Proceedings in the settlement of his estate. Juan Bau-
tista de Anza, Governor.
1061 MARINA DE JESUS BACA.
Will. Santa Fe. 1784. Jose Sandoval ; Salvador Ribera ;
Juan de Abrego.
1062 JOSEPH MANUEL VELARDE and 18 Families.
Petition to settle at Ojo Calient e. No final action. Fer-
nando Chacon, Governor.
1063 PEDRO VIAL (el Frances).
Will and inventory of his estate. Santa Fe, 1814. Jose
Antonio Alarid, Sargento. Francisco Ortiz, Alcalde.
Pedro Vial was a Frenchman and took an important
part in some of the affairs of the Province. He died at
Santa Fe, and his remains were buried in the Castrense
church; he was a bachelor, without any relatives in this
316 THE SPANISH AECHIVES OF NEW MEXICO
country ; he left as his heir, Maria Manuela Martin. From
his will, it appears that at times he practiced medicine.
He died in 1814. He served as an interpreter to the
Comanche Indians for many years.
1064 JOSE ANTONIO VALVEEDE and others.
Petition for lands known as the Rancho de la Xemes near
Vdllecito, 1815. The parties were put in possession by
Ignacio Sanchez Vergara, Alcalde, but the Governor,
Maynez, declared his action void because of error in the
proceedings.
1065 IGNACIO MAEIA SANCHEZ YEEGAEA.
Petition for land between the pueblos of Santo Domingo
and San Felipe. 1824. Referred to the Provincial Depu-
tation. Bartolome Baca, Governor.
1066 SANTIAGO SALAZAE vs. Miguel Velarde.
Question of lands at Abiquiu. 1825.
1067 JOSEPH SEDANO vs. Juan Lorenzo Medina. Santa
Fe, 1731.
Question of title to house and lot. Francisco Bueno Bo-
horques y Corcuera, Alcalde.
1068 ANTONIO GONZALES DE LA EOSA to Jose Sa-
morra. Santa Rosalia del Vallecito. Jurisdiction de
San Geronimo de Taos. 1763.
Land. Pedro Antonio Martin, Alcalde.
1069 JUAN ANTONIO FEESQUI to Jose Samorra. San-
ta Rosalia del Vallecito. 1763.
Land. Pedro Antonio Martin, Alcalde.
1070 JOSE SANCHEZ to Joseph Samorra. Santa Rosalia
del Vallecito. 1763.
Pedro Antonio Martin, Alcalde.
1071 MADALENA DE OGAMA vs. Eamon Garcia Jurado.
Santa Fe, 1703.
Question of title to land. El Marques de la Nava Bra-
zinas.
1072 ANTONIO GODINES and MAEIA DOMINGUEZ
DE MENDOZA, his wife, to Nicolas Ortiz Nino Ladron
de Guebarra. Santa Fe, 1714.
THE SPANISH AECHIVES OF NEW MEXICO 317
House and land. Francisco Bueno Bohorques y Corcuera,
Alcalde.
Describes a house situate "en la calle real q ba de la
plaza a la Tglesia Nueba q se esta fabricando on the
main street which goes from the plaza to the new church
which is being built" (1714).
1073 NICOLAS ORTIZ NISTO LADRON DE GUEVARA.
Santa Fe, 1714.
Possession given of the said property.
1074 PEDRO MONTES DE OCA to Nicolas Ortiz Nino La-
dron de Guebara. Santa Fe, 1714.
House and land. Diego Arias de Quiros, Alcalde. No.
1072 and 1073, q. v.
Describes a house situate "en la calle real esta Villa
que ba a la Tglesia Nueba que seesta haziendo." De-
cember 6, 1714.
1075 JOSEPHA MARTIN to Antonio Olguin. Santa Fe,
1719.
House and Land. Francisco Bueno de Bohorques y Cor-
cuera, Alcalde.
1076 JOSEPHA DE ONTIVEROS vs. Pascuala de Con-
cepcion. Villa Nueva de Santa Cruz. 1731.
Question of title to a grant of land. Domingo Vigil, Al-
calde. Juan Domingo de Bustamante, Governor.
1077 JOSEPHA DE ONTIVEROS. Villa Nueva de Santa
Cruz.
Grant, 1735. Manuel de la Rosa, Francisco de Baldes,
Juan Andres Gonzales, Juan Feliz Bustillos. Made by
Juan Paez Hurtado, Acting Governor. Revoked by Cru-
zat, Governor.
1078 NICOLAS ORTIZ NIftO LADRON DE GUEVARA.
1742.
Reported Claim No. 63, q. v. Caja del Rio.
Caja del Rio Grant. Reported No. 63. There is a
small conflict with the grant to the pueblo of Cochiti.
When the decree of confirmation was entered by the court
of private land claims and a new survey had been made
it was found that the conflict had materially increased.
The grant was patented February 20, 1897.
318 THE SPANISH AECHIVES OF NEW MEXICO
1079 NICOLAS OETIZ NISTO LADRON DE GUEVARA
vs. Juan Estevan Garcia de Noriega.
Trespass. Santa Fe, 1754. Don Tomas Velez Cachupin,
Governor. Gregorio Garduno, Pedro Sotero, Juan Do-
mingo Lovato, Bernardo de Miera y Pacheco. Antonio
de Ulibarri, Alcalde. Juan Joseph Lobato, Procurador.
Juan Jose Jaques, Tomas de Alvear y Collado, Joseph
Miguel Garduno.
This tract was granted to Nicolas Ortiz Nino Ladron
de Guevara, May 13, 1742, by Gaspar Domingo de
Mendosa, as a reward for services performed as a soldier
in the reconquest and pacification of the country in 1692-
96.
When the son of this reconquistador died on August 2,
1810, whose name was also Nicolas Ortiz Nino Ladron de
Guevara, other than his interest in the Caja del Rio
Grant, he left a house of seven rooms and five hundred
varas of land. His wife was Maria Alberta Maes, and
they left one son, Francisco Xavier Ortiz, who at his
death left the following: Antonio Jose Ortiz; Juan An-
tonio Ortiz ; the latter deceased and leaving as heirs, Bel-
en Ortiz, wife of Jose Abeytia; and Jose Matias Ortiz;
the last named left Damacio Ortiz and Ramon Ortiz and
Dionicio Ortiz, who married Reyes Tenorio. There were
many other heirs, including Miguel Baca y Ortiz, Faus-
tina Baca, Pablo Baca, Severiano Baca, Dolores Baca, and
Justo Baca, children of Guadalupe Ortiz.
The original Nicolas Ortiz Nino Ladron de Guevara
made his will September 17, 1742, in which he states
that he was married to Juana Baca and had three chil-
dren, Francisco Ortiz, Nicolas Ortiz and Toribio Ortiz.
This will is archive 647. In his petition for the grant he
states that it is now "forty-nine years since I came with
my parents to the reconquest and pacification of this said
province as a settler therein, sent by the most excellent
Viceroy, the Conde de Galve, which dignitary promised
to supply us with land to cultivate and live upon by the
authority of the King himself, which land has not been
given me because I was engaged and occupied with all the
campaigns and incursions that have taken place from that
to the present time, without causing any cost to His Ma-
jesty for a load of powder which I furnished at my own
expense as well as all kinds of arms and horses, as appears
from the documents which I hold in my favor from my
superiors. ' '
THE SPANISH AECHIVES OF NEW MEXICO 319
The boundaries in the grant are described: "On the
east the wide Canada ; on the west the Rio del Norte ; on
the north the point of the mesa situated in the Caja del
Rio, and on the south the drainage (virtirtiente) of
Santa Cruz. The land lies below the Indian pueblo of San
Ildefonso. The Indians of San Ildefonso made no objec-
tion to the making of the grant. Nicolas Ortiz was known
as "Chino" Ortiz. The heirs of Nicolas Ortiz were com-
pelled to abandon this grant in 1818 on account of raids
made by the Navajo Indians.
80 LIST of SETTLERS in the New Town of San An-
tonio de MORA. No date. No signatures. List con-
tains 36 names. List of Settlers de la Plaza de Santa
Getrudis; del Voile de Aba jo contains 34 names. Also
list of the Pobladores que han dehado sus posssesiones
y se han salido. Contains 6 names.
JL081 NEMESIO SALCEDO of Chihuahua to the Acting
Governor of New Mexico, 1809 to 1810.
Two letters relating to a piece of land distant seven
leagues from Santa Fe, of which possession is claimed by
Nicolas Ortiz. This action is taken on account of a peti-
tion presented by Francisco Ortiz. The land is spoken of
as San Marcos. The petition is not granted and said Or-
tiz and Manuel Delgado were forbidden to put their stock
on said land, but it was expressly reserved for the poor of
Santa Fe. Reference is here made to the pasture lands
of Galisteo and to those of El Arco.
Reported Claim No. 63, q. v. Caja del Rio. No. 1078,
1079, 1271, q. v.
082 EOYAL DECREE giving equal rights to all Ameri-
cans and Indians in Spanish America. 1811. Pub-
lished and ordered to be promulgated in Chihuahua in
1821, by Alejo Garcia Conde, Governor, etc.
Copy, made at Chihuahua on February 20, 1821, of a
decree of the Cortes, dated on February 9, 1811, confer-
ring certain rights on the citizens of the Spanish do-
minions in America, including both Spaniards and In-
dians. These rights were the following:
1st. The right of being represented in the Cortes on
the same footing as the inhabitants of Spain.
2d. The right of planting and cultivating all the land
320 THE SPANISH AECHIVES OF NEW MEXICO
which their ability and circumstances permitted them to
do.
3d. The right of eligibility to all public offices and em-
ployments in the ecclesiastical, civil, and military branches
of the service.
This copy is signed by Alejo Garcia Conde, governor,
commandant general, and superior civil chief of the In-
ternal Provinces of the West, of New Spain.
1083 NUESTEA SEROEA DE LA LUZ SAN FEENANDO
Y SAN BLAS del Eio Puerco. 1770.
Question of boundaries with Antonio Baca. Don Pedro
Fermin de Mendinueta, Governor. Carlos Mirabal, Al-
calde. Pajarito and Atrisco Grant, q. v.
1084 INVENTAEIO DE DILIGENCIAS fechas por mi Don
Joseph de Bustamante Tagle, alcalde mayor de la
Capital Villa de Santa Fe, desde el ano de quarenta y
nuebe, hasta el presente, de mil septecientos cincuenta
y dos y son las siguientes :
Escritura de venta por el Sindico, Bernardino de Sena,
to Don Francisco Ortiz, 1750.
Maria de la Candelaria Gonzales. Will. 1750.
Antonio Dominguez to Phelipe Gardufio, 1750.
Julian Rael to Francisco Trujillo. 1750.
Micaela Vasquez, heirs of. Partition of lands. 1750.
Maria de Roibal and Josef de Riano, her son. Parti-
tion of lands. 1750.
Juan Tomas Lobato to Pedro Antonio Truxillo. 1750.
Title deed in favor of Miguel Laso de la Vega.
Manuel Thenorio (de Alva).
Juan Montes Vigil.
There was a grant, Reported No. 38, known as the
" Ramon Vigil." This grant is west of the Rio Grande
and on the north for a short distance adjoins the San
Ildefonso Pueblo Grant. The grant was confirmed June
21, I860, and was patented, April 9, 1908.
Santiago de Roibal.
Ignacio de Roibal.
Miguel Dominguez, Destierro, 1750.
Francisco de Anaya to Theresa Thenorio. 1751.
Manuel de Beitia to Salvador Casillas. 1751.
Domingo de Benavides to Antonio Dominguez. 1751.
Manuel Vaca to Josepha Montoya. 1751.
DON JUAN ANTONIO DE VIZARRON Y EGUIARRETA
Viceroy of Mexico, 1734-40
THE SPANISH AKCHIVES OP NEW MEXICO 321
Phelipe Nerio Sisneros to Manuel Gallegos. 1751.
Isidro Montoya, Carta Segura in favor of his minors, on
account of the death of Manuela Silva. 1751.
Sebastian de Vargas to Antonio Duran de Armijo. 1751.
Antonio Tafoya to Luis Febro. 1751.
Phelipe Rodriguez to Manuel Lopez. 1751.
Manuel Trujillo, heirs of; partition of estate. 1751.
Juana Sisneros to Juan de Chaves. 1751.
Andres Montoya to Francisco Nieto. 1751.
Juan Antonio Flores to Nicolas Moran. 1751.
Jose Bomo de Vera to Maria Francisca de Sena. 1751.
Catalina Duran. Inventory of her estate. 1751.
Cayetano Pasote. Cause against. 1751.
Joseph Romo. Embargo and other proceedings. 1751.
Maria Diega Garduno. Inventory of her estate. 1751.
Miguel de la Vega de Coca. Will and inventory. 1751.
Deed in favor of Santiago de Roybal. 1752.
Marcial Samora to Melchora de Sandoval. 1752.
Tomas Holguin to Cristobal Madrid. 1752.
Juan Geronimo de Samano. Will and inventory. 1752.
Geronimo de Ortega. Proceedings in the matter of his
Minors, 1752.
1085 MANUEL AEMIJO, Political Chief.
Correspondence relating to the palace. 1827.
Two letters from Manuel Armijo, jefe politico, to Don
Agustin Duran, comisario substitute, relative to the occu-
pation of the "Palace" by Colonel Narbona.
|L086 PEOPLE of SANTO DOMINGO DE CUNDIYO.
Petition for the establishment of a church. 1754. Not
granted. Tomas Velez Cachupin, Governor.
1087 JUAN DE ORATE. Honorary Title, etc. Copy. 1761.
"Don Felipe, by the grace of God, King of Castile, of
Aragon, of the Sicilies, of Jerusalem, of Portugal, of
Granada, of Toledo, of Valencia, of Galecia, Mayoria, Sev-
illa, of Yerdina, Cordova, Coreega, Murrisa, Jaen, Algar-
bes, of Algesira Gibraltar, Canary Islands, East and
West Indies, Islands, and Tierra Firma of the Ocean,
Arch-duque of Austria, Duque of Borgora and Milan,
Count of Traspur Flanders, and Tirol, of Barcelona,
Lord of Viscaya and Molisa, etc., etc.
"Whereas, the viceroy, Don Louis of Velasco, by vir-
tue of a decree of the King, my Lord may he live in
glory entered in to an agreement and capitulation with
322 THE SPANISH AECHIVES OF NEW MEXICO
Don Juan de Onate, relative to the discovery, pacifica-
tion and settlement of the provinces of New Mexico,
which is in New Spain, and among other things he grant-
ed to him what is contained in one of the chapters or in-
structions of new discoveries and settlements of the In-
dies, which is as follows : ' To those who bind themselves
to form said settlements, and shall have done the same,
and shall have complied with the agreement, in honor of
their own persons and their descendants and of them as
first settlers, laudable memory may remain, we make
them and their legitimate descendants Hijosdalgos of the
lands owned by them, in order that in the settlement es-
tablished by them, and in any other part of the Indies
they may be Hijosdalgos and persons of noble lineage
and Lord paramount, and as such they shall be known
held and considered, and enjoy all the honors and pre-
eminences, and may do all things that noblemen and
gentlemen of the Kingdom of Castile can do, according
to the privileges, laws and customs of Spain, should or
ought to do and enjoy. And in behalf of the said Juan
de Onate, I have been requested to grant him the grace
to command him to approve, notwithstanding the modera-
tion which the Duque of Monterey used relative thereto,
and published by him, my Council of the Indies, I have
thought proper that the said prerogatives should be un-
derstood to continue during the time occupied in said
conquest, for five years, and if the said conquerors should
terminate the conquest thereof before the expiration of the
five years, they, their sons, and descendants shall enjoy
the said prerogatives as herein set forth. And I do here-
by command that all who may have gone and shall go on
the said conquest, pacification and settlement, according
to, and in conformity with, the provisions of the said
chapter, and shall continue in the conquest for five years ;
and those who shall prosecute the same who should die
before the expiration of five years, there shall be reserved
and secured unto their sons and descendants all the pre- (
eminences and prerogatives, exemptions, and liberties as 1
aforesaid in conformity to, and as is granted and con-
ferred upon them in the said chapter, entirely and com-
pletely, failing in nothing, and charge the Infantes, Pre-
lates, Duques, Marquises, Counts, Nobles, Subjects and
Priors of Royal Orders, Prefects, Alcaldes of the Castiles,
houses surounded with a moat, and country houses (casas
fuertes y lanas), and those of my Councils, Presidents,
THE SPANISH AKCHIVES OF NEW MEXICO 323
Judges, Alcaldes and High Constables of my household
and court, and chancery, to my Viceroys and Governors,
and to all of my authorities and Judges, as well as those
of the Indies and Tierra Firma of the Ocean, and other
persons of whatever condition or quality, to observe and
comply, and to have obeyed and executed this my fran-
chise and grace, confirmed to the aforesaid, without re-
stricting or increasing nor consent to any infraction of
the contents of this my determination, which I desire and
it is my will that it shall have the force of law as though
it had been decreed and promulgated in court, and it be
published in all proper parts and places.
" 'Given at San Lorenzo, on the 8th day of July, 1602.
(Signed) " 'I, THE KING
"Laguna, Armenteros, Doc. Eugenio de Salazar, Bena-
bente de Venavides, Louis de Salcedo. By order of the
King, my Lord. Juan de Ibarra. Recorded, Gabriel de
Ochoa, Chancellor, Sebastian de la Vega.
"ACT OF AUDIENCE
"In the City of Mexico, June 20, 1604, the President
and Judge of the Royal Audience of New Spain being
present at the session, also the Mariscal de Campo, Vicente
de Saldivar, presented the Royal decree governing to the
opposite party and asked that it be compiled with; and
being seen by the said Audience, they obeyed the same
with all reverence and respects, and replied that it should
be observed and complied with, and executed in all its
parts as His Majesty commanded ; and this it was record-
ed as their act, and they approved the same by placing
their rubric thereto in my presence.
(Signed) "CRISTOBAL OROSIO."
1088 PROCLAMATION requiring Obedience to the new
Spanish Constitution of 1820.
Letter from Facundo Melgares, Governor.
1089 DOCUMENT relating to Military Matters.
1090 JOSE EAMON ALARID.
Grant. 1824. At a place called El Cerrito. Cuatro
lab ores que estan inmediatos a la labor de la Cuesta.
Grant made by the Deputacion Provincial. The grantees
are: Jose Ramon Aland, Roman Garcia, Julian Garcia,
Severiano Sanchez, Juan Ignacio Rodriguez, Jose Tenorio,
324 THE SPANISH AECHIVES OF NEW MEXICO
Alejandro Sais, Juan Cristobal Garcia, Isidro Flores,
Pablo Borrego, Francisco Salas, Jose Rodriguez, Benito
Urtado, Eusebio Garcia.
This document purports to be a copy of the original
certified by Francisco Lopez, probate judge of San
Miguel county, and dated March 12, 1855.
1091 LIST of GOVERNORS of New Mexico from 1770 to
1840.
1092 REPAIRS on Barracks, Santa Fe, 1810.
1093 REPAIRS ON OLD PALACE, 1841.
1094 DOCUMENT (Imperfect) relating to property in the
hands of Officials. No date.
1095 LIST of Heads of Families in seventh demarcation,
San Miguel county, August 3, 1855.
1096 JUAN DE DIOS MAESE and Others.
Grant at Las Vegas. 1835. Certified copy by Francisco
Lopez, Probate Judge of San Miguel County. 1855.
1097 INVENTORY of PAPERS of ARCHIVES in the Of-
fice of the Secretary of Government and War, 1715.
Fourteen pages. Very interesting.
1098 EL MARQUfiS DE ALTAMIRA, Mexico. 1750.
Relating to re-settlement of the country north and north-
west of Santa Fe. Don Tomas Velez Cachupin, Governor.
1099 PEDRO DE NAVA, Chihuahua, 1798.
Relating to soldiery.
1100 PROCEEDINGS and Order in Relation to the re-set-
tlement of Abiquiu. 1750.
Tomas Velez Cachupin, Governor.
1101 MINING REGULATIONS, 1795. Pedro de Nava.
Manuel Merino.
1102 PAPERS relating to the PALACE, Santa Fe, 1827.
Correspondence relative to the "Palace."
THE SPANISH ARCHIVES OP NEW MEXICO 325
1103 TIEREA AMARILLA GRANT, 1832.
Report of Committee of Territorial Deputation in relation
to the same. Martinez, Tenorio, Ortiz.
1104 SETTLEMENT OF LANDS desired by the govern-
ment.
Circular letter on this subject to the Alcaldes of the Ter-
ritory. Santa Fe, 1815. Alberto Maynez. Socorro is
mentioned.
The laws of the Indies relative to towns and communities
are quite interesting and give some light on how these
municipalities were founded and governed.
The governors and captains-general had the power to
appoint in the cities or towns in their districts lieutenants ;
these bore the title of lieutenant-governor.
Contracts were made with individuals for the founding
of towns; if the locality where the proposed town was to
be built was found suitable for Spaniards, with a council
of alcaldes of ordinary jurisdiction and aldermen, and a
person desired to found a town, then he was obliged to
make a contract conditioned "that within the term which
shall be fixed for him, he have at least thirty persons, and
each one of them a house, ten breeding cows, four oxen,
or two oxen and two yearlings, one brood mare, one breed-
ing sow, twenty Castilian breeding ewes, and six hens and
one cock; he shall also appoint a priest to administer the
Holy Sacraments, who shall be chosen by him the first
time and thereafter shall be subject to our Royal Patron-
age ; and he shall provide the church with the ornaments
and articles for divine worship, and he shall give bond
to comply therewith within said time ; and if he does not
comply therewith he shall lose all that he may have built,
cultivated or earned, which we will apply to our Royal
Patrimony, and he shall also incur the penalty of one
thousand dollars in gold for our Chamber ; and if he com-
plies with his obligation, four leagues in boundary and
territory, in a square or oblong, according to the quality
of the land, may be given him, in such manner that, if it
be surveyed, the four leagues be in a square, with the con-
dition that the boundaries of said territory be at least five
leagues distant from any city, town or place of Spaniards
previously settled, and that it cause no prejudice to any
Indian town or private person."
The children and relatives of settlers also were to be
considered as settlers under certain conditions ;
326 THE SPANISH AECHIVES OF NEW MEXICO
they have distinct and separate houses and families and
are married."
The person who undertook to found a city was com-
pelled to make contracts with each individual settler and
in doing so the contractor obligated himself to give, in
the town designated, lots for building purposes, pasture
and farming lands to the extent of as many peonias and
caballerias as each one of the settlers shall obligate him-
self to build upon ; provided, it did not exceed more than
five peonias or more than three caballerias for each settler,
according to the distinction, difference, and measurement
prescribed in the laws of the title on the distribution of
lands, lots, and waters.
A caballeria consisted of 105.75 acres of land.
The person contracting to make a new settlement of a
town, city, or colony secured the civil and criminal juris-
diction, in the first instance, for the days of his life and
for those of a son or heir; he also received authority to
appoint alcaldes of ordinary jurisdiction, aldermen, and
other officers of the council of the town ; and in cases ap-
pealed the causes went before a chief alcalde, or the
audiencia in the district wherein the settlement or town
was made.
Viceroys, audiencias, and governors had no authority to
grant city or town titles. See book iv, title viii, law
vi, Laws of the Indies. "We order that, for no cause or
reason, the Viceroys, Audiencias, Governors, or any other
officers of the Indies, however high they may be, give city
or town titles to any of the towns or places of Spaniards
or Indians, and that they do not exempt them from the
jurisdiction of their principal provincial capitals; with
the understanding that they will be held responsible at
their places of residence, because this favor and power
must be asked of our Council of the Indies, and we de-
clare as void the titles which, in contravention of the con-
tents of this law, shall be given to any towns or places;
and in regard to new towns or settlements, the provisions
of law shall be observed. ' '
1105 EELATING to a House belonging to the Government
in Santa Fe. 1733.
Cruzat y Gongora, Governor. Antonio de Ulibarri, Al-
calde.
THE SPANISH AECHIVES OF NEW MEXICO 327
1106 MUNICIPAL OEDINANCES for the Cities and
Towns of New Mexico prescribed by the Departmental
Assembly, 1846.
1107 PRINTED COPY of the Colonization Law of 1823.
1108 TEINIDAD BAECELO.
Letter to the government in relation to mining matters,
1846.
1109 TRANSLATION of a newspaper article on New
Mexico.
1110 COMMISSIONS of the Captains-General of New
Mexico, 1713-1715.
1111 LIST of Heads of Families in the llth demarcation
of San Miguel county, 1855.
1112 IGNACIO SANCHEZ VEEGAEA, 1813.
Asks whether an Indian may sell land acquired by pur-
chase. No final action by Governor. Jose Manrique,
Governor.
Letter from Ignacio Sanchez Vergara to Lieutenant-Col-
onel Jose Manrique, governor of New Mexico, stating that
an Indian woman, who was a native of the pueblo of Zia,
had negotiated a sale of a piece of land which she owned
at San Isidro, and which her husband, then deceased, had
bought of a citizen of that place; that the party who
proposed to buy the land from her was willing that the
woman should name an appraiser, and he desired that
the value of the land be fixed so that he could pay for it ;
that in view of the fact that the owner of the land was an
Indian, Sanchez (who was probably an alcalde at that
time) thought it necessary to lay the matter before the
governor in order that the latter might direct him how
to proceed in the premises.
Immediately following the letter, and on the same sheet
(as was the custom at that date 1813), is a rough draft
of the governor's reply. He informs Sanchez that no ac-
tion could be taken in the matter until the future decision
of the governor.
1113 S. W. KEAENY, Brigadier General.
Proclamation, 1846.
328 THE SPANISH AECHIVES OF NEW MEXICO
1114 SAN CARLOS, New settlement of, on the Nepeste
Eiver (Arkansas).
Official letter in relation thereto from Jacobo Ugarte y
Loyola, dated Arispe, January 22, 1788, to Fernando de
la Concha, Governor.
This is a report to Governor Fernando de la Concha
relative to a settlement on the Nepeste (Arkansas) by the
Cumanche Lieutenant-General Paruanarimuco. January
22, 1788.
Refers to the establishment of a town on the Arkansas
river composed of Cumanches, who had been aided by the
Spaniards in making a permanent settlement there.
1115 RELATING to the disposition of the fees received by
the alcaldes for giving possession of lands.
1116 SETTLEMENT of TECOLOTE. 1838.
Proceedings, etc. Also list of names and quantity of land
given to each settler.
1117 PEDRO DE CHAVES, Alcalde de San Agustin de
Isleta. 1714.
Acknowledgement of receipt of an order from the Gover-
nor.
It is stated that there were no " estufas" or subter-
ranean rooms in the pueblo of Isleta.
1118 RELATING to the Removal of the Capitol to a place
between Santo Domingo and Cocliitl, etc.
Galindo Navarro, Arispe, 1781. Antonio Bonilla.
1119 ALAMEDA.
Question of boundaries between the Garcias and the
Tafoyas. Settled by a suit of conciliation, 1827.
Jose Alejandro Santistievan, Alcalde. Manuel Armijo
Governor.
1120 ROYAL ORDERS. Copies received in New Mexico,
1813. Fernando VII and Cortes.
1121 RELATING to the Old Palace in Santa Fe.
Manuel Armijo, Governor.
1122 VENTURA DE MESTAS and ANTONIO DE MES-
TAS. 1767.
THE SPANISH AECHIVES OF NEW MEXICO 329
Compromise in the matter of the partition of their lands
in Chama. Francisco Guerrero, Alcalde. Tomas Velez
Cachupin, Governor. Manuel Garcia Pareja, Alcalde.
1123 SAN MIGUEL DEL BADO. Ayuntamiento.
Communication in relation to the establishment of a town
in a proper place to afford a defense against hostile In-
dians. 1832.
The members of the ayuntamiento of San Miguel del
Bado ( Vado) February 8, 1832, were : Jose Ulibarri, presi-
dente; Vicente Ribera, first alderman; Vicente Romero,
second alderman; Juan Estevan Sena, third alderman;
Matias, fourth alderman; Jose Miguel Sanchez, secretary.
1124 NEW MEXICO: Boundaries of.
Order of the Viceroy to establish the same. Mexico, 1682.
1125 DEPARTMENTAL ASSEMBLY from January,
1846, to February 12, 1846.
Grant of land made to petitioners at place called Chaper-
ito.
1126 PRINTED COPY of Colonization law of August 18th,
1824.
1127 PEINTED COPY of law relating to the examination
of surveyors. Mexico, 1834.
1128 FRANCISCO G. CONDE. 1845.
Letter to the Governor of the Department in relation to the
settlements made by foreigners on the frontier.
1129 ABIQUIU, CHAMA, and SOLEDAD.
Re-settlement of said places. 1751. El Conde de Revilla-
gigedo, Viceroy. Joseph de Gorraez, Asesor.
1130 JUAN ARMIJO, Alcalde. 1821.
Religious question.
1131 JOSE FRANCISCO SENA. Galisteo. 1844.
Pasturage of sheep in the common lands of Galisteo. Not
permitted.
1132 MANUEL ALVAREZ.
Petition for naturalization. 1825.
332 THE SPANISH AECHIVES OF NEW MEXICO
Isabel Gonzales, widow of Juan de Archuleta. Grant of
a rancho in the jurisdiction of La Canada, formerly be-
longing to Pedro de la Cruz, made by the Marquez de la
Nava de Brazinas to Manuel Vallejo, on April 6, 1695.
This was sold by the said Vallejo to Isabel Gonzales.
Also a grant made to Tomas de Tegeda of a
tract of land formerly belonging to Alonzo del Rio, granted
on April 6, 1695. Sold to Isabella Gonzales.
Also grant made to Juan de Archuleta, husband of Isa-
bel Gonzales, by Don Pedro Rodriguez Cubero on June 12,
1698, being a rancho of eight fanegas of wheat land adjoin-
ing the lands of the pueblo of San Juan.
Cristobal de Torres, ensign. Grant of lands on the Rio
del Norte adjoining the Pajarito Tract, made by the Mar-
ques de la Nava de Brazinas on May 15, 1695, and a rati-
fication of the same by the Marques de la Penuela on
August 11, 1711.
Also a grant made by Don Pedro Rodriguez Cubero on
January 22, 1699, of a tract of land on the Rio del Norte,
formerly belonging to Sargento Mayor Ambrosio Saenz.
Baltazar Trujillo. Grant of four fanegas of land that
formerly belonging to the widow of Archuleta, in the val-
ley of Taos. Made by Don Pedro Rodriguez Cubero, Sep-
tember 19, 1702.
Cristobal Jaramillo, ensign. Resident of Alburquerque.
Petition that possession be given him of a house and lands
that formerly belonged to Dona Luisa Trujillo. Possession
given February 20, 1706.
Antonio Barela. Petition on August 10, 1707, to Captain
Martin Hurtado, chief alcalde of Alburquerque, ask-
ing that possession be given him of the lands that were
given him at the time that said town was settled. Possession
was given by the alcalde.
Juan de Archuleta. Grant made by Don Pedro Rodri-
guez Cubero on February 27, 1699, of half a fanega of ag-
ricultural land at Santa Fe, the boundaries being the lands
of "Old" Lucero, Miguel Moran, Pedro Lujan, and Maria
de la Encarnacion.
Juan Paez Hurtado. Grant by Don Diego de Vargas
Zapata Lujan Ponce de Leon, on March 3, 1704, of the
surplus lands between the pueblos of Pojoaque and Nambe,
bounded by the lands of Juan and Carlos Lopez.
Baltazar Romero. Grant by the Marquez de la Penuela
on September 15, 1707, of house and lands formerly be-
longing to Dona Isabel Holguin. Salvador Martinez had
an interest in the irrigable lands.
THE SPANISH AECHIVES OF NEW MEXICO 333
Juan Gonzales, captain. Resident of Bernalillo. Grant
made to Maria Barbara Lujan by the Marques de la Nava
de Brazinas on March 21, 1696, of a tract of land on the
Rio del Norte, said land having belonged to Estevan Barba,
he having purchased the same before the revolution.
Also a grant of the pueblo of Puara, made December 31,
1711. Also a confirmation of the grant of the deserted
pueblo of Alameda, made by Don Juan Ignacio Flores Mo-
gollon, said confirmation being made in view of the land
having been given or sold to him by Francisco Montes
Vigil, to whom it had been granted by the Marque's de la
Penuela.
Cristobal Barela. Resident of Bernalillo. Grant at the
town of Alburquerque of a tract of land granted to him by
Captain Martin Hurtado, chief alcalde, bounded on the
west by the Rio del Norte, south by lands of Lorenzo Car-
bajal, and north by lands of Antonio Gutierrez.
Pedro Lopez. Grant of a tract of land on the Rio del
Norte called San Nicolas opposite the agricultural lands of
Atrisco and on the edge of the Esteros de Mexia. Granted
by Don Diego de Vargas on March 4, 1695. Also a con-
firmation of the same by Don Pedro Rodriguez Cubero on
August 26, 1698.
Sebastian Gonzales. Grant of two fanegas of wheat land
up the river from Santa Fe, by the Marques de la Nava de
Brazinas on January 18, 1704. Also a grant of a piece of
land of half a fanega by the Marques de la Nava de Bra-
zinas on March 12, 1695. Confirmation of the same by the
Marques de la Penuela, August 27, 1707.
Melchora de los Reyes. Grant of lands in the Canada
to her husband, Luis Martin, by Don Pedro
Rodriguez Cubero, on June 25, 1700. Also a grant in the
Canada ... by the Marques de la Penuela on
December 23, 1711. Confirmation of the same by the Mar-
ques de la Penuela, May 4, 1712.
Luis Garcia. Grant of a tract of land called San An-
tonio, on the Rio del Norte, formerly the property of his
grandfather, to the maestro de campo, Alonzo Garcia, by
the Marques de la Penuela, August 30, 1704.
Pedro Montes Vigil. Grant of lands on the Tesuque
river above the rancho of the Gomez, by Don Juan Ignacio
Flores Mogollon. November 10, 1713.
Jacinto Sanchez, captain. Grant in the jurisdiction of
the new town of Santa Cruz, made to Silvestre Pacheco on
March 3, 1704, by the Marques de la Nava de Brazinas.
Juan Garcia de las Rivas, captain. Grant of three
334 THE SPANISH AKCHIVES OF NEW MEXICO
fan egos of corn land on the other side of the Rio de Santa
Fe, made to Captain Miguel Garcia, his father, by Don
Pedro Rodriguez Cubero. Also grant of the abandoned
pueblo of San Marcos, by the Marques de la Penuela on
February 12, 1712.
Simon Nieto. Grant of a tract of land one league from
the pueblo of Galisteo, made to his father, Cristobal Nieto,
by Don Pedro Rodriguez Cubero, on January 20, 1700.
Luis Lopez. Grant of lands in the Canada de CKimayo
adjoining the lands of Francisco Martin, made on Decem-
ber 10, 1706, by Don Francisco Cuerbo y Valdez.
Maria de Tapia, a widow. Grant of lands on the other
side of the Rio de Santa Fe, formerly belonging to Fer-
nando Martin, by Don Pedro Rodriguez Cubero, on Jan-
uary 30, 1702.
Jose Manuel Giltomey. Grant of uncultivated lands on
the other side of the Rio de Santa Fe, by Don Francisco
Cuerbo, August 27, 1706.
Alejo Martin. Resident of Santa Cruz. Donation of a
rancho made to himself and his brothers, Antonio and
Maria Martin, by Captain Luis Martin, on July 19, 1700.
Also partition of lands made by Juan Arguello on Oc-
tober 5, 1704, before Captain Nicolas Ortiz, chief al-
calde of the Villa- Nueva.
Petition of himself and Felipe de Aratia to the Mar-
ques de la Penuela on account of a suit and claim of An-
tonio and Fernando Martin.
Donation of a piece of land at the rancho which he
owns on the Rio del Norte above the pueblo of San Juan,
dated June 12, 1712.
Petition to the Marques de la Penuela praying that
Juan Roque Gutierrez, chief alcalde of La Canada, be
directed to give possession to the persons to whom Captain
Sebastian Martin has made donation of the land.
Order in which said alcalde is directed to give posses-
sion to Alejo Martin, Antonio Martin, Francisco Martin,
Miguel Martin, Felipe Martin, Jose Lujan, Felipe de Ara-
tia, and Pedro de Abila, etc., etc.
Diego Lucero. Grant of lands in Santa Fe, about half
a fanega of corn and two of wheat land made by Don
Pedro Rodriguez Cubero on July 30, 1697. This grant is
also said to have been made to Antonio Lucero de Godoy,
father of Diego Lucero.
The petition was filed by Joseph Manuel Gilthomey,
who was at that time secretary of the cabitdo (town
council). Under this order all citizens were directed to j
THE SPANISH ARCHIVES OF NEW MEXICO 335
present to the cdbildo within a period of two months,
their titles and grants for their lands, houses, and ranches,
in order that the cabildo might inspect and make note
thereof, with a view to preventing litigation in the future.
The order also directed that chief alcaldes, before whom
instruments might be executed, should not deliver the
originals to the parties, but should give certified copies,
sending the originals to the cabildo, where they were to
be permanently filed. The order was promulgated at
Santa Fe, Santa Cruz de la Canada, and Alburquerque,
July 24, 30, and August 10, 1713, respectively.
Subsequently memoranda of the documents presented
to the cabildo in compliance with this order, wiere made
in a book kept for that purpose, known as the "Libro de
cabildo," which is archive 1136, which entries are as
herein given.
These memoranda contain references to the lands of the
Indians in some cases, and these are as follows:
Leaf 1, page 1. Second Entry.
On the first of August, one thousand seven hundred
and thirteen, Juan de Mestas presented the grant of the
ranch on which he lives at Pojoaque, named San Buena-
ventura, made by Don Pedro Rodriguez Cubero, for three
fanegas of corn-planting land, on the ninth of December,
one thousand six hundred and ninety-nine; and the pos-
session given by the maestre de campo, Roque Madrid,
lieutenant-governor of this kingdom. And its boundaries
are from the slope of a hill as far as the river below the
pueblo of Pojoaque, and toward the pueblo of Jacona
from east to west as far as a bluff, and north (to) south
as far as the hills which descend from Cuyamungue.
Leaf 2, page 1. Third entry.
Captain Sebastian Martin presented a grant of a tract
and farm of cultivable lands, made by the Marquis of La
Penuela, on the twenty-third day of the month of May,
of the year one thousand seven hundred and twelve, in
which he validates the one that he had, made by the Mar-
quis of Naba de Bracinas, in which he cut off the persons
who formerly had said grant, because of the period which
His Majesty grants for the settling of new lands having
passed; and said grant is countersigned by Cristobal de
Gongora, military secretary, who by virtue of a commis-
sion from said Marquis de La Penuela, gave him posses-
sion of said tract and farm on the tenth day of the month
of June of said year. And its boundaries are on the
north side the Canada del Embudo de Picuries, on the
336 THE SPANISH AECHIVES OF NEW MEXICO
south a cross that is placed at the boundaries of the lands
which belong to the pueblo of San Juan, and on the west
a table-land which is on the other side of the Rio del
Norte, and on the east the highway which goes out from
Chimayo toward the pueblo of Picuries; with entrances
and exits, as appears from said grant, which was returned
to him.
On the 30th of August, of the year 1713, by virtue of
what is commanded by the governor and captain-general
of this kingdom, Captain Joseph Trujillo presented a
grant made to him by the castellan, Don Pedro Cubero,
on the 29th of December, 1700, for the lands which an-
ciently belonged to Francisco Jimenez, close to the San
Ildefonso table-land and lands of the sargento mayor,
Ambrosio Saens, attested by Domingo de Barreda, civil
and military secretary; and the possession of said lands,
which on the 21st of March, of the year 1701, was given
to him by the maestre de campo, Roque Madrid.
And at the same time he presented another grant, made
by the same castellan, on the 23d day of April of the
same year, for another piece of land for the pasturing of
stock, contiguous to that of Francisco Jimenez, in the dis-
trict of the New Town of Santa Cruz (Villa, Nueva de
Santa Cruz) attested also by said Domingo de la Barreda,
and the possession of said piece of land given by saict
chief alcalde.
As also he presented another grant for a piece of land
for pasturing large and small stock, where there is a small
spring of water on the Nambe road that goes to the New
Town (Villa Nueva), of which, on the 23d day of May,
1701, General Don Francisco Cuervo made him a grant,
countersigned by Don Alonzo Rael de Aguilar, military
secretary, with the possession which said maestre de
campo, Roque Madrid, gave on the 16th of June, of said
year, the boundaries of which appear in said grants, which
originals I returned for the protection of his right.
Leaf 3, page 1. Second entry.
On the 30th of August, of the year 1713, before me,
General Juan Paez Hurtado, ordinary alcalde, Juan Tru-
jillo, a citizen of the district of La Canada ( Santa Cruz),
appeared and presented a land grant, torn into shreds,
for a piece of agricultural lands of about two fanegas of
corn, which Sebastian de Salas sold to him, on the other
side of the Pojoaque river, the boundaries of which ap-
pear in the certified copy of the deed, which was made
before Joseph Rodriguez, ordinary alcalde, at the town
THE SPANISH ARCHIVES OF NEW MEXICO 337
of Santa Fe, on the 19th of the month of October, of the
year 1701.
Leaf 3, page 1. Third entry.
On the 30th of August, of the year 1713, Juan Trujillo
appeared before me, General Juan Paez Hurtado, and
presented a grant made to the sargento mayor, Francisco
de Anaya, for a tract of agricultural lands between Cuya-
mungue and Jacona, called San Isidro, made by the cas-
tellan, Don Pedro Cubero, on the 27th day of the month
of November, of the year 1699, attested by Domingo de la
Barreda, civil and military secretary, which Sebastian
Cansua, son-in-law of said sargento mayor, sold to him,
because of their belonging to his wife, Maria de Anaya;
and the possession given by the maestre de campo, Boque
Madrid, on the 10th day of December of said year; the
boundaries of which appear in said grant, the original of
which I returned to him for the protection of his right.
On the 1st of September, of the year 1713, Mateo Tru-
jillo presented before me, General Juan Paez Hurtado,
ordinary alcalde of this town of Santa Fe, in virtue of
what is commanded by the governor and captain-general
of this kingdom ... a grant of a tract of land
for cultivation and the rearing of large and small stock
on the other side of the Rio del Norte between the pu-
eblos of Santa Clara and Ildefonso, which on the 21st
of November, 1700, the castellan, Don Pedro Rodriguez
Cubero, gave to him by grant, attested by Domingo de la
Barreda, military secretary; and the possession which the
maestre de campo, Roque de Madrid, gave on the 9th of
September, 1701 ; the boundaries of which appear in said
grant, the original of which I returned to him.
Leaf 4, page 1. Second entry.
On the seventh day of the month of September, of the
year one thousand seven hundred and thirteen, Captain
Ignacio de Roibal presented three grants of land . . .
the second for the place of Jacona, district of the
Town of Santa Cruz, for the surplus of what Captain Ja-
cinto Pelaez had by grant, also made by the same castellan
(Don Pedro Rodriguez Cubero), on the second of October,
seventeen hundred and two ; attested by Pedro de Morales,
civil and military secretary; the boundaries of which ap-
pear in said grant, and of which I returned to him the
original.
The third for a piece of land which before the revolu-
tion of the year eighty (1680) belonged to the maestre de
campo, Francisco Gomez Robledo, which may contain five
338 THE SPANISH AECHIVES OF NEW MEXICO
fanegas of wheat-planting land, below the Town of Santa
Cruz about one-fourth of a league, between the lands of
Domingo Martin and Ambrosio Saes, of which lands the
said castellan (Don Pedro Rodriguez Cubero) made him
a grant on the fourth of May, sixteen hundred and ninety-
eight ; attested by Domingo de la Barreda, military secre-
tary, which I returned to him with the two preceding
ones, to serve him as a formal title.
Leaf 4, page 2. Second entry.
Isabel Gonzales, widow of Juan de Archuleta, on the
eleventh day of September, of the year 1713, presented
. . . another grant for another ranch of eight fanegas
of corn-planting land, which adjoins the lands of the
pueblo of San Juan, made by the castellan, Don Pedro
Rodriguez Cubero, to Juan de Archuleta, the husband of
said Isabel Gonzales, on the 12th of June, of 1698, at-
tested by Domingo de la Barreda.
Leaf 5, page 2. Fourth entry.
On said day General Juan Paez Hurtado presented a
grant, which on March 3, 1704, General Don Diego de
Vargas made to him, for the surplus lands which there
might be at the pueblo of Pojoaque I mean between
the pueblo of Pojoaque and that of Nambe ; and they ad-
join the lands of Juan and Carlos Lopez ; and the posses-
sion which on the 7th of said month of March and year
of the date, Captain Ignacio de Roibal gave to him; the
boundaries of which appear in said grant, the original of
which I returned to him to serve as a formal title.
MANUEL BACA. Grant of lands at the Angostura de
Bemalillo, made by Don Diego de Vargas Zapata Lujan
Ponce de Leon on January 14, 1695. These lands form-
erly belonged to his father, Cristobal Baca.
BERNARDINO DE SENA. Grant of lands on the other
side of the river at Santa Fe, made by the Marques de
la Nava de Brazinas on May 3, 1694.
VICENTE . . . DEARMIJO. Grant of half a fane-
ga of corn land, house and garden, made by the Marques
de la Nava de Brazinas on November 29, 1703.
DIEGO MARQUES DE AYALA. Ensign. Grant of
lands made by Don Ignacio Flores Mogollon on July 28,
1713.
On July 21, 1713, a decree was made by the governor
and captain-general, Don Ignacio Flores Mogollon, re-
quiring all documents relative to grants of land thereto-
fore made to be presented to the cabildo of Santa Fe.
THE SPANISH AKCHIVES OF NEW MEXICO 339
1137 COPIES OF LAWS relating to the colonization and
settlement of lands of March 12, 1828, November 21,
1828, March 11, 1842.
1138 PETITION of Half -Breed Indians of Santa Fe.
Certified copy dated Arispe, 1780. Certified by Antonio
Bonilla. No action taken.
Bentura Bustamante, lieutenant of the Genizaros (half-
breed Indians) of the Villa de Santa Fe, by order of his
captain, Juan Armijo, and in the name of thirty-three
associates of the same class of Indians, filed a protest with
the governor and captain-general against being taken
away from Santa Fe, where they had built houses, had
cultivated fields, etc., to the Cumanche frontier to fight,
threatening to leave Santa Fe and the Spaniards and join
the hostiles (gentiles').
1139 MANUEL DE ALVAEEZ. Citizenship.
Don Manuel Alvarez was one of the most prominent citi-
zens in New Mexico at the time of the American Occupa-
tion. In 1839, he held the position of United States
consul at Santa Fe. In 1825, in company with a party of
French trappers or fur traders, he came to Santa Fe from
St. Louis, Missouri. The following year he made applica-
tion to the Mexican government for citizenship papers. For
some reason or other not explained by the archive he was
never able to secure Mexican citizenship. At the time of
his appointment as American consul at Santa Fe in 1839,
he was still a Spanish subject.
Containing, as they do, a number of points of historical
interest, copies of his papers as filed with the Mexican
government at the time of his arrival in Santa Fe, are
given herewith:
"Most Excellent Sir:
"Manuel Alvarez, a native of the village of Abelgas, in
the ancient Kingdom of Leon, with due respect appears
before Your Excellency and says that having presented
two applications, dated June 14, 1825, and May llth of
the present year, asking for papers of naturalization of
this Republic, through the Political Chief of this Terri-
tory and not having been successful in such purpose, pos-
sibly on account of the petition being lost, mislaid, de-
layed or from other causes unknown to me, to obviate all
of which for reasons set forth in my former petition, I
am setting forth in this and will say that I address this
340 THE SPANISH AECHIVES OF NEW MEXICO
to Your Excellency, knowing your solicitude and kind-
ness in such matters, that Your Excellency may be pleased
to decide what your petitioner requests.
"Always, Most Excellent Sir, I have been anxious to
reside here under a liberal government for which reason
for eight years I have remained on this Continent visiting
the United States of America and this Republic, whose
origin gives guaranty of protection and happiness, and
wishing to participate therein, I reiterate to Your Ex-
cellency my request, hoping that you will give it early
determination and not delay me longer in the sweet satis-
faction which will result.
"Your petitioner in order to remove any suspicion or
obstacles, causing further delays, would say something in
regard to his conduct and manner of living, but even
though such statement may be unnecessary, he states to
Your Excellency that he speaks the English and French
languages; that he has been a trader up to the present
time, and proposes in the future to devote himself to the
pursuit of agriculture at some convenient locality, all of
which was referred to in my petition to the Political Chief
which he may have given to Your Excellency.
"To the highest consideration of Your Excellency your
petitioner leaves a knowledge of how greatly he will con-
sider the prompt possession of the naturalization papers
which he has solicited, and is satisfied that Your Excel-
lency's well known reputation for justice and kindness
will prompt you to act satisfactorily and to the end that
your petitioner will be content over what has hapjpened.
"MANUEL DE ALVAREZ
"Santa Fe, Nov. 27, 1826."
"To THE HONORABLE POLITICAL CHIEF.
"The citizen, Manuel de Alvarez, native of the village
of Abelgas, of the ancient Kingdom of Leon, at present
a resident of this Territory of the Mexican Federation,
in the most proper manner, appears before Your Ex-
cellency and says: That having left his native land in
the year 1818, he had determined to take up his residence
either in the United States of North America or in Mex-
ican territory and having gone from Habana to the first
mentioned country, he landed at New York as credited by
the enclosed passport ; I visited the said country and know
it not to be a place of convenient residence, but preferring
the Mexican Republic I have come here for that purpose.
THE SPANISH ARCHIVES OF NEW MEXICO 341
I request Your Excellency to present my application for
citizenship to the Sovereign Constitutional Congress as I
desire to become a useful citizen of this country and to
its inhabitants, protesting that I am of the Roman Catho-
lic faith, and what may be necessary in order to attain
that for which I desire.
"All of which I ask and request Your Excellency to
present my application and the attached report to the
Supreme Government of the Federation and the Sovereign
Constitutional Congress for the attainment of the same.
"The entire lack of sealed paper in this Territory has
prevented my application being made upon sealed paper,
but I offer to pay its value. MANUEL DE ALVAREZ.
"Santa Fe, June 14, 1825."
Governor Baca endorsed the application favorably, stat-
ing that Alvarez manifested a great zeal for the Catholic
faith.
His passport, dated Habana, April 29, 1823, is signed
by Don Sebastian Kindelan y Oregan, Knight of the Mili-
tary Orders of Santiago and Ferdinand, 3d class, of the
Cross and City of Hermenejildo, Brigadier of the National
Armies, Subaltern Corporal of the Captain-Generalcy of
the Island of Cuba, Provisional Captain-General of the
same and Superior Political Chief of the City and Prov-
ince of Habana, etc., etc.
Countersigned by Antonio Maria de la Torre y Car-
denas. All of the papers of Alvarez used in connection
herewith were certified to by
FRANCISCO PEREZ SERRANO Y AGUIRRE [Rubric]
Provisional Secretary
Accompanying his papers is a passport from Governor
Alexander McNair, of Missouri, as follows:
"United States of North America.
' ' Alexander McNair, Governor of the State of Missouri.
"To all who shall see these Presents, Greeting, Be it
known that Francis Robidoux, Isidor Roubidou, Antonio
LaMarche, Manuel Alvarez, Jose Martin, Joseph Gervais,
Astasio Lasalle, Charles Hotte, Francois Laroque, Fran-
cois Quenelle, Joseph Decary, and Antoine Baucheum,
traders to Mexico, all citizens of the Unitecfc States,
to me well known as such and that they enjoy and are
entitled to all the privileges of citizens of our free and in-
dependent Republic.
342 THE SPANISH AECHIVES OF NEW MEXICO
"In testimony whereof, I have hereunto set my hand
and caused the great Seal of the State of Missouri to be
Affixed.
' * Done at Saint Charles, this 3d day of September A. D.
one thousand eight hundred and twenty-four, and of the
Independence of the United States the forty-ninth.
(SEAL) "By the Governor. A. McNAiR
"WILLIAM G. PETTUS
"Secretary of State."
"Height, 5 feet 2 inches; color, pale; nose, regular;
brows, black; hair, black; no beard."
1140 DECEEE of Departmental Assembly in relation to
the abandonment of granted lands. 1837.
1141 XEMES, ZIA, and SANTA ANA, 1713.
Receipt of order by Alcalde. Tibursio Ortega, Alcalde.
San Geronimo de Taos. Receipt of the same. Miguel de
Sandoval Martinez, Alcalde.
In the year 1766 "In compliance with the directions of
his excellency, Don Tomas Velez Cachupin, governor and
captain-general" Bartolome Fernandez, chief alcalde and
war-captain of the pueblos of the Queres, delivered pos-
session to the pueblos of Xemes, Zia, and Santa Ana of a
tract of land bounded ' ' from north to south from the place
Ventana to the stone ford of the Puerco river, the boun-
daries also of the citizens of the place San Fernando of
Nuestra Senora de la Luz; and from east to west from
the pueblo of Zia to the said Puerco river, the eastern edge,
the whole valley of the Holy Ghost spring being embraced
within the center and within the boundaries of this grant. "
At the time possession was given there were present the
following Indian governors (caciques) : Cristoval Naspona,
Cristoval Chiguigui, Pedro Chite, Sebastian, Lazaro, and
Juan Antonio, and the war-captains Agustin, Tomas, Juan
Domingo, and other Indian magistrates. .
1142 JUAN OTERO.
Decree of Departmental Assembly revoking grant made
Francisco Sarracino. His suspension recommended, 1845.
1143 MINING COURTS in New Mexico. 1846.
Decree establishing them. Manuel Armijo, Governor.
Tomas Ortiz, President. Miguel de Pino, Secretary.
THE SPANISH AECHIVES OF NEW MEXICO 343
1144 QUICKSILVER.
Sale of, etc. El Caballero de Croix. Juan Joseph Fer-
nandez de Soria.
1145 PAJAEITO.
Complaint of Francisco Lopes that settlers at said place
will not take possession of their lands. 1844. Gregorio
Vigil, Alcalde.
1146 FEINTED COPY of Land Law of March 11, 1842.
1147 INTEEPEETATION of the law of 1813 in relation to
reducing the public lands to private ownership.
Printed copy. Letter of transmittal of the same to Gov-
ernor of New Mexico. Bernardo Bonavia.
1148 MADAEIAGA. Tome. 1837.
Communication to the Departmental Assembly in relation
to settlements abandoned on account of Indian raids.
This archive refers to the settlers at Manzano who aban-
doned their lands on account of attacks of hostile Indians ;
also to the settlements at Las Huertas and Carnuel and
mentions the building of a large fort at Manzano by all
of the settlers.
The Town of Tome was a regularly organized Villa,
had its ayuntamiento and other officers prior to the
change from Spanish to Mexican sovereignty and later;
it had a * ' Sala Capitular. ' ' This is shown in the granting
papers in the Casa Colorada Land Grant. Miguel de
Olona was the secretary of the cabildo. The grant known
as the Casa Colorada was made upon the petition of Jose
Maria Perea by the Corporation of Tome and was ap-
proved by the Provincial Deputation, September 15, 1823.
The original settlers on this grant came from the vicinity
of Manzano and were: Jose Maria Perea, Rafael Perea,
Antonio Torres, Dionisio Maldonado, Eugenio Barela, Do-
mingo Lucero, Vincente Torres, Juan Cruz Turietta,
Julian Sanchez, Aban Sanchez, Miguel Archuleta, Gre-
gorio Sedillo, Jose de Jesus Maldonado, Jose Sedillo,
Miguel Lucero, Rafael Cedillo, Guadalupe Perea (widow),
Matilda Montoya (widow), Cristobal Jaramillo, Rafael
Torres, Buenaventura Sanchez, Manuel Baca, Jose Baca,
Juan Antonio Serna, Jose Antonio Benavides, Carlos
Baca, Juan Agustin Barela, Vincente Moya, Antonio Tor-
res, Sr., Julian Benavides, Tomas Benavides, Jose Galle-
gos, Jose Maria Sedillo, Antonio Torres, 2d, Joaquin
344 THE SPANISH AKCHIVES OF NEW MEXICO
Sanchez, Mariano Pino, Esteban Baca, Andres Zamora,
Jose Anto Sedillo, Juan Castillo, and Tomas Sanchez.
By virtue of a decree of June 23, 1823, all of the in-
habitants in the outlying valleys and mountains and other
places liable to attack from hostile Indians were ordered
to gather in settlements. These people all came from the
vicinity of the Manzano mountains.
1149 SANTA FE PALACE, 1827.
The "Palace" is turned over to the Jefe Politico.
1150 BLOTTEE in reference to the discovery and working
of lead mines.
This lead mine was at Las Huertas ; date of letter, August
13, 1818 ; good for bullets and the defense of the country
against the gentile tribes; sent five or six loads (cargas)
for use against "los enemigos del estado."
1151 CIENEGA.
Grant to the City of Santa Fe. Copy not certified. 1715.
1152 DISCOVEEY OF MINEEAL among the Comanches.
1829.
Bocanegra.
1153 SAN MIGUEL DEL BADO. 1825.
Petition of the people to their Ayuntamiento asking that
attention be called to their petition to the Provincial As-
sembly protesting against the extent of the Tract granted
to Juan Estevan Pino.
On December 6, 1823, Juan Estevan Pino, a man of
great prominence in New Mexico at that period, filed his
petition with the governor of New Mexico asking for
lands described as follows: "On the north by the land-
marks of the farm or land of Don Antonio Ortiz and the
tableland of the Aguage de la Tegua ; on the south by the
Pecos river; on the east by the tableland of Pajarito,
and on the west by the point of the tableland of the Chu-
paines." The grant was made December 23, 1823, and
the land was called the Hacienda of San Juan Baptista del
Ojito del Rio de las Gallinas. Pino received possession of
the property; his heirs disposed of it to Preston Beck,
to whose son, Preston Beck, Jr., it was confirmed by Con-
gress, June 21, 1860.
THE SPANISH AKCHIVES OF NEW MEXICO 345
1154 MANUEL TEUGILLO. 1828. Alburquerque.
Petition to the Governor in regard to the return of certain
papers by the Alcalde of Socorro.
1155 ALAMILLO, 1800.
Account of its re-settlement. Not signed.
1156 JOSEPH XAEAMILLO to Barbara, Matilde and Ca-
tarina Viviana Ballejos. Alburquerque, 1732.
Land. Juan Gonzales Bas, Alcalde.
1157 APPEOVAL BY THE KING of the action of the
Superior Junta of Mexico in the modification of Ar-
Pticle 81 of the Ordenanza de Intendentes, 1798.
Certified copy by Manuel Merino.
1158 SAN PEDEO TEACT. 1840.
Letter of Antonio Montoya, Alcalde of Sandia, to Guada-
lupe Miranda in reference to the same.
In February, 1844, the governor of New Mexico made a
grant to Jose Serafin Ramirez of lands in the county of
Santa Fe described as "bounded on the north by the
Placer road that goes down by the yellow timber; on the
south, the northern boundary of the San Pedro grant;
on the east, the spring of the Canon del Agua ; on the west,
the summit of the mountain of the mine known as the
property of your Petitioner."
This tract of land as described was confirmed by act
of Congress.
In the suit of the United States vs. The San Pedro and
Canon del Agua Company, finally determined by the su-
preme court of the United States, it was held that the
mineral underlying the surface of the lands within the
limits of this grant were still the property of the United
States. That the company when it purchased was fully
cognizant of the definite character of the grant which had
been made to Ramirez; that when the lands mentioned,
at the time of the Treaty of Guadalupe, passed under
the dominion of the government of the United States,
the title to the mineral lands became vested in the United
States government ; that Ramirez had a claim to no greater
interest than he had obtained from the Mexican govern-
ment, which had not parted with the title to the mineral
underlying the surface; that the Spanish and Mexican
governments reserved the rights to minerals unless other-
346 THE SPANISH AECHIVES OF NEW MEXICO
wise stipulated, and no such express grant had been made
to Ramirez.
This decision, affirming the decision of the supreme
court of New Mexico, was a great injustice to the persons
who had innocently purchased this property.
1159 INVENTORY of DOCUMENTS in the public arch-
ives during the time that Gervasio Cruzat y Gongora
was Governor, 1736. No. 1136, q. v.
1160 PETITION, 1852.
People of Taos county in regard to lands occupied by
them as pasture lands. Addressed to James S. Calhoun,
Governor.
1161 EXPEDITION, 1803, for the discovery of the Cerro
del Oro.
The Cerro del Oro (Mountain of Gold) was never dis-
covered. Salcedo was deceived by the Indians, to whom
he gave money in advance for the information as to the lo-
cation of the "Mountain."
Second expedition in search of the Cerro del Oro.
1162 JUNTA DE FOMENTO DE MINEEIA. Mexico, 1844.
Asking information in regard to placer mines of New
Mexico. Jose Del Monte, President.
1163 STATISTICS of Santo Domingo, 1845.
1164 EL NACIMIENTO, 1815.
Settlement and partition of lands. Ignacio Sanchez Ver-
gara, Alcalde.
1165 PEINTED POSTER, offering reward for the arrest
of the traitor, Mina, 1817.
1166 TEEATISE on Political Economy.
1167 BAETOLOMS BACA.
Report on Indian Troubles, 1825.
A translation of this important document is as fol-
lows:
"I give notice to your excellency that this day arrived
the citizen, Manuel Mestas, interpreter, who by order of
the militia commander, Don Jose Viscarra, had visited the
Cumanche nation April 5th for the purpose of notifying
THE SPANISH AECHIVES OF NEW MEXICO 347
them of the hostile actions and robberies committed by
them at Eleceario and to the north. The Cumanches
answered that it was a fact that they had participated
in the robberies and had fired upon the Spaniards but the
Kiowas were those who had made war on the Spaniards;
that the Kiowas now separated from them and had gone
to the pueblo of the Jumanes for a council of war for the
purpose of attacking those in the north; this is what the
Cumanches said and they believed that such separation
and going to the Town of the Jumanes is for the purpose
of joining the said Town of Jumanes.
"The Kiowas will also march toward the north in Oc-
tober of the present year. The Cumanches also say they
will immediately confer with the Kiowas relative to what
would happen but by this method possibly the Kiowas
would desist and that they would advise us as to the re-
sult; that the Cumanches were not concerned in these
new hostilities on the part of the Kiowas and that they
will prove it; that the hostility of the Kiowas has arisen
because 12 of their number including a chief had been
killed.
"God and Liberty; El Bado, June 14, 1825.
"TOMAS SENA [rubric]
"To the Jefe Politico:
"DON BARTOLOME BACA."
The Spanish is "Pueblo de Jumanes."
"Several residents of this jurisdiction in my charge
have just arrived informing me that, having gone to
trade with a band of Cumanche Pelones and Kiowas, who
are at the Bio Nutrias, they met two captives from Paso
del Norte, one of them the servant of Don Agapito Alba,
who informed them that they were well taken care of
and not badly treated by the gentiles, for the reason that
they had agreed to accompany them in an attack upon
the Town of El Paso, showing them where the cattle of
said town were herded, and, adding further, that the In-
dians had agreed to set them free when this had' been
done ; that they informed them of this on account of their
love of country, and requesting that if on this account
they were deprived of their freedom, still the information
ought to be given to the alcaldes so that the great wrong
might be prevented, all of which I communicate to you.
"God and Liberty, June 10, 1825.
"SEVERING MARTINEZ [rubric]
"To the Hon. Political Chief,
Santa Fe, N. M."
348 THE SPANISH AECHIVES OF NEW MEXICO
These letters were sent to Soto la Marina, the com-
mandant at Chihuahua.
1168 TAOS, 1824.
In relation to their wanting the title of Villa.
1169 MAEIANO MABTINEZ, Governor.
Memorandum of official action taken by him during the
years 1844 and 1845.
1170 MINING DECREES, 1843.
1171 EE-SETTLEMENT of the Town of SOCOEEO, 1800.
Pedro de Nava.
Juan de Ofiate does not mention the existence of the
pueblo which stood at Alamillo, a few miles north of the
present town of Socorro. At the time of the uprising in
1680 there was a church here dedicated to St. Anne, and,
according to Vetancurt, the population was about four
hundred. In 1681, when Governor Otermm returned to
New Mexico, in a vain attempt to reconquer, this pueblo
was destroyed by him. See Autos y Dilijencias hechas,
etc. Testimony of the maestro de campo, Francisco
Gomez.
1172 NEW MEXICO, 1826.
Report on boundaries, etc. Not signed.
1173 HILAEIO MESTAS vs. Pablo Montoya, 1811.
Stock. Ignacio Sanchez Vergara, Alcalde.
1174 DEPAETMENTAL ASSEMBLY, 1845.
Twenty pages of the record of proceedings.
1175 JUAN NAVAEEO, Governor of Durango. 1824.
Two letters to Bartolome Baca, in relation to payment of !
duties on sheep.
1176 JUAN BAUTISTA VIGIL. 1824.
Two letters to Bartolome Baca on political matters.
1177 JOSEPH DE UEQUIDI. 1824.
Letter to Bartolome Baca. Political.
1178 JUAN ESTEVAN PINO. 1824. To Bartolome Baca.
Mercantile.
THE SPANISH AECHIVES OF NEW MEXICO 349
1179 JUAN ESTEVAN PINO, 1823.
Receipt.
1180 EOYAL CfiDULA. February 14, 1805.
Relating to the extent of land grants. Copy. Certified
by Bernardo Villamil.
1181 JOSE ALVAREZ TOSTADO. 1825.
Religion. Letter to Bartolome Baca.
1182 EELIGION. 1825.
1183 RELIGION. 1824.
1184 STAMPED PAPER, Law of. 1823.
1185 MANUEL JOSE DE ZULOAGA.
Political, 1827.
1186 No Consequence.
1187 MISSIONS. 1746.
Testimonio of order of Viceroy certified by Joachin Co-
dallos y Rabal, Governor.
1188 MANUEL ARMIJO. 1827.
Letter to Territorial Deputation in relation to monopoly
of lands, etc.
1189 FRANCISCO TRUXILLO. 1824.
Letter to Bartolome Baca in relation to partition of lands
of the Ojo Caliente and report of said partition.
1190 FRANCISCO GUERRERO, alcalde, 1766.
List of deeds made by him belonging to the government
archives.
1191 RELIGION. 1808.
Census.
1192 VALLECITO GRANT. 1809-1813.
Protest of Manuel Martin and Juan Pedro Duran against
settlers of the same for not complying with conditions,
etc. Manuel Garcia, Alcalde.
1193 SETTLEMENT of PUBLIC LANDS. 1807.
Proclamation of the Viceroy. Jose Ignacio Negreros y
Soria. Nemesio Salcedo. No. 1180, q. v.
350 THE SPANISH AECHIVES OF NEW MEXICO
1194 ALAMILLO and SEVILLETA, 1800.
Re-settlement. Pedro de Nava.
1195 IGNACIO SANCHES DE VEEGAEA, 1821.
Letter to Governor Melgares, asking whether he may pe-
tition for a tract of land near the pueblo of SawMa.
Governor replies favorably.
1196 PEDKO DE NAVA. 1798.
Transmitting Royal Decree of March 23, 1798. No.
1157, q. v.
1197 JOSE VINCENTE OETIZ. No date.
Petition for land. No action.
1198 SANTA FE. 1705.
Order that houses shall be built. Francisco Cuerbo y
Valdez, Governor.
1199 EE-SETTLEMENT of the Town of SOCOEEO and
those of SENECU, Sevilleta, and Alamillo, 1800. See
No. 1171.
Pedro de Nava.
In this letter Don Pedro de Nava gives instructions
for active war upon the Apaches in the vicinity of Mag-
dalena, N. M. Also at San Mateo.
Good signature of De Nava.
1200 EOMAN SANCHEZ. Santa Fe. 1825.
Testimonio certified by Antonio Narbona, Governor.
1201 PEDEO ANTONIO MESTAS.
Will. Santa Fe, 1826. Jose Ortega, Cabo.
1202 MATIAS SENA.
Will. Santa Fe, 1826. Jose Tapia, Cabo.
1203 No Value.
1204 FEANCISCO ANTONIO TOEEES.
Will. 1826. Santa Fe. Jose Tapia, Cabo.
1205 FEENANDO DUEAN Y CHAVES and Baltazar Ro-
mero.
Petition. 1708. Asking that soldiers be stationed at
Alburquerque.
THE SPANISH AECHIVES OF NEW MEXICO 351
"To the Very Illustrious City Council, Justice and
Government :
"The Captains Fernando Duran y Chabes and Balta-
zar Romero, residents of the Villa of Alburquerque, in
the name and with the authority of all of the citizens of
the same, appear before your excellency and asking that
all the privileges allowed by law be given them, they
say that whereas the Sefior General Don Francisco Cuerbo
y Valdez, who was governor of this kingdom, and who in
his time, because it appeared to him to be more advanta-
geous, ordered that the said Villa of Alburquerque be
settled in the year of one thousand seven hundred and
six, for which object and its due fulfillment he directed
us to make public his desire that this kingdom should be
greater and that we should increase our estates and not
experience in the future the epidemics of the preceding
years; he assisted us because we had no lands to plant
nor on which to raise our stock (and) although he gave
them abundantly at the place where we now are we did
not decide to enter upon them because of our poverty and
the danger from the enemies which surround us on all
sides, reasons which obliged the said general to give us
for our guard and defense a squadron of soldiers, in
order that they being present we might make some pro-
gress, reasons which induced us to leave Bernalillo, where
we resided; influenced by the desire to promote our wel-
fare and comfort, we were impelled to make oath and set-
tle the said Villa, and this having been accomplished the
said General Don Francisco Cuerbo y Valdez made a re-
port of the same to his excellency the Duke of Albur-
querque, to whom he reported and explained the condi-
tion of the new Villa [torn small space] he had settled
and that for it he had given us said [torn, same as above]
reasons which caused the said viceroy to give [torn as
above] an election as appears by his order [torn as above]
in our favor, in order that it might so appear, and at the
same time he sent sacred vestments and altar furniture
and a bell for the said Villa, for which reason we believed
that he was well pleased with the said settlement, urg-
ing upon the said general with much earnestness the ne-
cessity for the preservation and increase of the said
Villa of Alburquerque; and now the Senor Marques de
la Penuela, governor and captain-general, at this time
has been pleased to take away the said escort, for which
reason the enemy, seeing our weakness, have dared bar-
barously to commit various robberies, every day carrying
352 THE SPANISH AECHIVES OF NEW MEXICO
off our stock, taking it from our corrals, as is shown ; and
seeing that they are not punished, they may surprise us
and destroy us and our wives and children, which may
God forbid, and this they did not do before, although it
is true that they threatened us from afar, but they did
not dare to attack, for they knew that the soldiers were
almost upon them, and these are the reasons which have
caused us to present a petition for the said citizens to
the governor and captain-general, in which it was prayed
that he would be pleased to grant them the said squad-
ron because of the circumstances set forth; and he re-
plied in plain words that the petition was not admissi-
ble, and he did not grant it, and because of this we are
left very disconsolate, and in order that we may not be so
in the future we take refuge under the shadow and pro-
tection of your Excellency, in order that as you are in-
terested in the welfare and preservation of this commun-
ity, since it is under your charge, you may present our
cause, explaining to the said Marques, governor and cap-
tain-general, the reasons which compel us to make this
representation and [torn small space] admissible to re-
move [torn as above] said place and to go where we may
deem best and that we may never be accused of con-
tumacy, as it is our desire to serve His Majesty; this we
do without any mental reservation and we protest the
truth of the same ; wherefore,
"We ask and Pray that Your Excellency will be pleased,
in view of this our statement, to favor us by doing what
we ask, since it is just, and we swear by God [torn a small
piece from the margin] and the Holy Cross that this is
not in bad faith, and the royal aid in [torn as above] we
pray, and in that which is necessary, etc.
"FERNANDO DURAN Y CHABES [rubric]
" B ALT AZAR ROMERO [rubric]
"In the City of Santa Fe, on the fourteenth day of the
month of April of the year one thousand seven hundred
and eight, before the Council (Cavildo de Justicia y
Regimiento) of the same, this petition was presented by
the persons named in it, and it having been examined by
us, the members, we admitted it and in compliance with
it we proceeded to present it to the governor and cap-
tain-general, who said that he would apply the best rem-
edy, and in order that it may so appear we sign this with
our secretary of the council, who will place this instru-
THE SPANISH AKCHIVES OF NEW MEXICO 353
ment in the files and papers of our archives for future
reference.
'IGNACIO DE ROIBAL
' FRAN. LORENZO DE CASSADOS
'PHELIX MARTINEZ
' JUAN GARCIA DE LA Ri [torn]
' Ju. DE VRRIBARI
' JUAN PAEZ HURTADO
'ANTE MI [torn] "
rubric
rubric
rubric
rubric
rubric
rubric
1206 JUAN KUIZ CORDERO.
Will. Santa Fe, 1723.
1207 JOSE PABLO EAEL. Santa Fe.
Will. 1780. Also proceedings in the settlement of his
estate. Juan Bautista de Anza, Governor.
1208 PETITION of Half-breeds to settle at deserted Pu-
eblo of Sandia. 1733.
Denied. Gervasio Cruzat y Gongora, Governor.
Petition by certain Indians of different tribes, includ-
ing Jumanes, Apaches, Utes, Kiowas, and Pawnees, who
had abandoned their tribal relations and embraced the
Catholic religion, and who were living at various towns
and pueblos in New Mexico, asking that they be permitted
to make a settlement on the site of the then abandoned
pueblo of Sandia.
This petition was examined by Governor Cruzat y Gon-
gora on April 21, 1733, and he ordered the petitioners to
present to him a list of their names and the tribes to which
they belonged. This they did at once, and the governor, af-
ter having examined the same and considered their petition,
decided that their request could not be granted, but he
said that they might settle at the pueblos already estab-
lished, and if any one of them desired to accept that
offer he should appear before the governor in order that
a pueblo might be designated as his place of residence.
1209 MEMORANDA, 1844.
1210 HEIRS OF EUSEBIO RAEL, by their attorney, Juan
Gonzales, 1826.
Petition to build on land formerly in dispute with the
Indians of Sandia. Antonio Narbona, Governor.
354 THE SPANISH AECHIVES OF NEW MEXICO
Letter from Juan Gonzales to Governor Narbona, stat-
ing that the heirs of Eusebio Rael had represented to him
that they were left without either lands or houses, on ac-
count of having paid the debts owed by their father then
deceased, etc., and in view of the fact that a controversy
between them and the Indians of Sandia had been de-
cided in favor of said heirs, they asked permission to
build their house there and go to work to settle other
debts, etc.
This letter is dated June 10, 1826, and in the margin
thereof is a rough draft of the governor's reply, portions
of which are practically illegible. The purport of it, how-
ever, appears to be that the heirs of Rael could not build
on the land about which they had been disputing with
the Indians unless the latter voluntarily agreed to such
an arrangement.
1211 LUIS MARIA CABEZA DE BACA. 1821.
His petition for lands referred to in an unsigned letter.
1212 ANDEES OETEGA.
Will. Santa Fe, 1821. Manuel Baca, Sargento.
1213 JOSE JOAQUIN MONTOYA. 1821.
Letter to Governor Melgares in relation to the abandon-
ment of granted lands in the District of X ernes.
1214 OJO CALIENTE. 1840.
Discovery of mineral.
1215 OEDENANZA DE INTENDENTES, 1793.
Pedro de Nava. His letter to Governor Fernando de la
Concha in relation to the provisional approval of action
in regard thereto.
1216 SANTIAGO ABEEU, 1837. Cienega. Santa Fe.
1217 PEDEO AEMENDAEIS, 1846.
Protests against the government granting to other per-
sons lands already granted to him.
Don Pedro Armendaris was a prominent citizen of
New Mexico, having been alcalde during a long period.
In 1820 he made application to the Spanish government
for a grant of land lying on the west bank of the Rio
Grande, opposite his ranch known as "Valverde." The
application was granted and the lands were allotted to
him; several years later he was driven from the property
THE SPANISH ARCHIVES OF NEW MEXICO 355
by the Navajos. Don Pedro left New Mexico and became
a citizen of Chihuahua. After the Treaty of Guadalupe
Hidalgo, Armendaris made a contract with two American
citizens, Hugh N. Smith and Thomas Biggs, whereby, for
services rendered in perfecting the title to his grants,
Smith and Biggs became the owners of four thousand
acres of the land grant, lying opposite the old Armendaris
ranch of Valverde the present town-site of San Mar-
cial, in Socorro county. This grant was confirmed by Con-
gress in 1860, surveyed in 1877, and patented in 1878.
The grants contained 490,000 acres, a large portion of
which are situate on the west side of the Rio Grande.
Upon this property the government of the United States
is now constructing one of the largest dams and reservoirs
for irrigation purposes in the world, the Elephant Butte
project. The lands granted to Armendaris are now the
property of the Victorio Land and Cattle Company.
1218 JUAN MARTIN BUSTOS. Santa Cruz de la Can-
ada, 1813.
Question of lands with the Madrids.
1219 FRANCISCO DE JESUS DE ESPEXO. Alburquerque.
Will. 1733. Also proceedings in the settlement of his es-
tate. Joseph Perez Mangos, Alcalde.
1220 MANUEL VIGIL.
Will. Santa Fe, 1733. Antonio de Uribarri, Alcalde.
1221 SALVADOR MARTINEZ.
Petition. Alburquerque, 1736. Asks that property inher-
ited by his wife be delivered to her. Gervasio Cruzat y
Gongora, Governor.
1222 ANTONIO PACHECO. Santa Fe.
Will. No date. Antonio de Ulibarri, Alcalde.
1223 DIMAS XIRON DE TEGEDA. Santa Fe.
Will. No date. Antonio de Ulibarri, Alcalde.
1224 PHELIPA DE ROJAS. Santa Fe. 1736.
Inventory of her estate. Antonio de Ulibarri, Alcalde.
1225 JUAN GARCIA DE NORIEGA. Santa Fe.
Will. No date. Antonio de Ulibarri, Alcalde.
356 THE SPANISH AECHIVES OF NEW MEXICO
1226 JUANA DE ANAYA ALMAZAN. Santa Fe. 1736.
Will. Juan Manuel Chirinos. Manuel Thenorio de Alva.
1227 MIGUEL DE SANDOVAL MAETINEZ to Antonio
Truxillo.
Land at Pojoaque. 1733. Antonio de Ulibarri, Alcalde.
Deed, dated April 8, 1733, by Miguel de Sandoval
Martinez to Antonio Trujillo, for a ranch at Pojoaque.
The grantor states that he acquired the land from Car-
los Lopez and the latter 's mother, Ana de Tapia, who had
it by grant made by Governor Don Pedro Rodriguez
Cubero in the year 1701 ; that he does not attempt to sell
all the land described in the grant, because before they
sold to him they had sold a portion of the land to the
Indians of Pojoaque.
The part sold to the Indians is not described, but the
part conveyed by Sandoval to Trujillo had the following
boundaries: "On the east side a main ditch which sep-
arates the lands of the natives of said pueblo (Pojoaque),
on the west side the main road which goes to San Juan,
on the north side by the main ditch which crosses the
main road, on the south side by a small ditch, before
coming to the river, by which the Indians irrigate their
little gardens."
1228 ALPHONSO EAEL DE AGUILAE to Juan Joseph
Moreno. 1733.
House and lands. Santa Fe. Antonio de Ulibarri, Al-
calde.
1229 FRANCISCO TRUXILLO to Juan Angel Gonzales.
Santa Fe, 1733.
House and lands. Antonio de Ulibarri, Alcalde.
1230 JUAN ROMERO. Banished. 1734.
1231 JOSEPH BACA. Alburquerque.
Will. 1766. Juan Xptobal Sanchez, Alcalde. Also pro-
ceedings before Pedro Fermin de Mendinueta in relation
to some sheep.
1232 SANTO DOMINGO.
Claim of Indians to lands adjoining Cochiti.
Letter of August 14, 1808, from Friar Antonio Cabal-
THE SPANISH ARCHIVES OF NEW MEXICO 357
lero, at the mission of Cochiti, to Don Alberto Maynez,
acting governor of New Mexico.
The friar says that the Indians of Santo Domingo,
whose mission is under his charge, came to him and asked
him to write to the governor for them, because they
could not explain themselves clearly; that they were ac-
quainted with the boundaries of their league; that they
wanted the governor to know about a piece of land, on
the west side of the river (Rio Grande), which extended
as far as the old pueblo of Cochiti, and for which they
had paid 400 pesos; that the old pueblo of Cochiti was at
a place where there was a medium sized hill called Los
Chicos, as the governor could see from the recitals in the
deed; that this was the land they asked for, and asked
for with reason, for they had bought it ; that the governor
would see from the instrument which they would show
to him who it was that had sold it to them ; that the
writer made this lengthy explanation in order that the
governor might not have the trouble of trying to under-
stand the statements made by the Indians.
In a claim filed with the court of private land claims,
no record or evidence of which is to be found in the
archives, a grant of land was claimed to have been made
by the Spanish government on August 2, 1728, to a resi-
dent of Alburquerque, named Antonio Lucero ; this grant
or claim is known as the Canada de Cochiti. It was lo-
cated on the mesa of Cochiti, east of the center of the
county of Sandoval, and Lucero 's petition showed bound-
aries as follows: On the north by the old pueblo of Co-
chiti; on the east by the Del Norte river; on the south
by the lands of the natives of the pueblo ; on the west by
the Jemez mountains. The amount of land claimed under
this grant was 104,554 acres. The petition gave as the
northerly limit the old pueblo to which the Indians re-
treated during the uprising of 1680. The investigation
made by the officials of the department of justice in the
court of private land claims showed that the Indians al-
most unanimously agreed that their traditions were that
the retreat mentioned was made to a pueblo located much
farther south than that designated in the petition for
confirmation of the grant. The court of private land
claims, on February 16, 1898, confirmed the grant and
ordered the survey to be made, the north boundary to be
located through the center of the old pueblo of Cochiti,
and the western boundary to follow the crest of the first
sierra of the Jemez mountains ; the eastern boundary was
358 THE SPANISH AECHIVES OF NEW MEXICO
established at the Rio Grande, and the southern at the
northern line of the lands belonging to the Cochiti In-
dians. The area confirmed was 19,112.78.
1233 TOMAS RIBEROS (Viveros?). Santa Fe.
Will. 1843. Santiago Armijo, Alcalde.
1234 SAN FELIPE and SANTA ANA Pueblos. 1819.
Question of lands. Joseph Mariano de la Pena, Alcalde.
Proceedings had in carrying into effect a decision of
the Royal Audiencia with regard to the sale of certain
lands by the pueblo of San Felipe to Spanish citizens,
said lands in fact not being the property of the vendors
but really belonging to the Indians of the pueblo of Santa
Ana.
On August 5, 1819, Don Jose Mariano de la Pefia, chief
alcalde of Alburquerque, who had been appointed by
Acting Governor Facundo Melgares to carry out the de-
cision of the Royal Audiencia, called together the people
of San Felipe and the citizens to whom they had sold the
lands, and explained to the Indians that they must make
good to the citizens the sales which they had improperly
made to them of lands which had been decided to belong
to Santa Ana.
The Indians decided that to Juan Domingo Archiveque,
Juan Pablo Archiveque, Francisco Gutierrez, Jose Garcia,
Alonso Garcia, and Bias Chavez, they would give lands
which they owned by purchase at Algodones, the pur-
chasers being satisfied with this arrangement.
The value of the lands purchased from the Indians by
Don Juan Bautista Gonzales amounted to 2,434 pesos, ac-
cording to the values recognized at that time. The In-
dians were willing to make this good, but they objected
to giving that amount of land, although they had unim-
proved lands which they had purchased on the west side
of the river. Both the alcalde and the protector of In-
dians, Don Ignacio Maria Sanchez y Vergara, tried to
persuade them that it would be better to give the lands
than to pay money, and left them to think over the matter,
thus concluding the proceedings for that day.
On August 7, 1819, Pena again took up the matter and
proceeded to the lands which the Indians were to give to
the citizens in place of those which they had formerly
sold to them. He then measured to each purchaser what
belonged to him according to the recitals of his deed. In
connection with this feature of the case Pena makes the
THE SPANISH AECHIVES OF NEW MEXICO 359
following statement : ' * and as all purchased uncultivated
land and now they delivered it cultivated, for the im-
provements of them there was assigned respectively to
each one the fourth part for his purchase, and both in-
terested parties remained satisfied," etc. If my transla-
tion of this statement is not very clear, it is at least as
clear as the original, the meaning of which in many places
is very obscure.
The next proceeding is dated August 12, 1819. Pena
states that the governor of San Felipe and one of the
principal men being present, they agreed to give to Juan
Bautista Gonzales some of the land which the pueblo
owned by purchase on the west side of the river, at a
place called Las Lemitas ; that he then went to said place
and measured from the boundary of the community of
Santa Ana toward the north 1,000 varas; that at this
point Gonzales and the governor of the pueblo got into a
dispute over several points on which they could not agree,
so the matter was left in that condition and the parties
went home.
On August 13, 1819, Pefia ordered the San Felipe peo-
ple to present to him the deed of purchase of the land
which had been in dispute. He states that the document
was from the year 1753, and acknowledged before Don
Tomas Velez Cachupin, and that the boundary which it cites
is the old Angostura on the south, and the boundary of the
pueblo of San Felipe on the north, the edge of the river on
the west, and the hills on the east.
Pena comes to the conclusion that these boundaries,
taken in connection with other matters within his knowl-
edge, show that he was correct in the decision he had
made in the month of May when he reported to the Royal
Audiencia of the district that the land in question did not
belong to San Felipe, but to Santa Ana. He adds that
perhaps the mistake made by the San Felipe people in
selling the land was made through ignorance. Finally he
transmits the proceedings to Governor Melgares for the
decision of that officer.
The style of composition of this man Pena is such as
to make it very difficult in many instances to understand
what he meant, and practically impossible to make an in-
telligible translation of much that he said.
1235 JOSE ORTEGA. Santa Fe.
Will. 1825. Francisco Garcia, Cabo.
360 THE SPANISH AECHIVES OF NEW MEXICO
1236 GALISTEO.
Petition in regard to the construction of a reservoir. 1840.
1237 MARIA EOSALIA DUEAN DE AEMIJO. Santa Fe.
Will. 1768. Phelipe Tafoya, Alcalde.
1238 No value.
Relative to the money known as Pesos de la Tierra, which
the writer says is an imaginary money f
1239 No value.
1240 No value.
1241 MATEO GAECIA. 1833.
Report of committee on his petition for land at Abiquiu.
Suspended because land was in litigation.
1242 No value.
1243 TEANSMITTAL of Cases of Indians of Cochiti. The
Ortizes and Indians of Santo Domingo vs. Luis Baca.
To the Eoyal Audience at Guadalajara. 1817.
Rough draft of a letter, dated December 17, 1817, prob-
ably by Pedro Maria de Allande, to the attorney, Don
Bias Abidiano y Tassol, in the City of Mexico, stating
that all the documents in a formal expedients, then ex-
isting in the government archives, and relating to the
Cile (Sile?) ranch, which was in litigation between the
Indians of Cochiti and the Ortizes, and the Indians of
Santo Domingo with Don Luis Baca, had been sent to
the Royal Audiencia of Guadalajara on May 31, 1817, be-
cause of their having been requested in a letter, Janu-
ary 31.
1244 ANTONIO AEMIJO and 70 Families.
Draft of title to lands at junction of the rivers Sapello,
Mora, and Coyote, in Mora county, 1837. Not signed.
Grantees not designated.
1245 INDIANS OF XEMES vs. EAFAEL GAECIA, 1833.
Question of boundaries. Salvador Montoya, Alcalde.
Letter of April 18, 1833, from the alcalde, Salvador
Montoya, to the jefe politico, asking for instructions in
regard to measuring the league of the pueblo of Jemez.
It appears that the alcalde had already made a measure-
THE SPANISH AECHIVES OF NEW MEXICO 361
ment at the request of Rafael Garcia, beginning at the
church in the pueblo, and measuring the league with a
hair rope 50 varas in length. This resulted in the measure-
ment of the league extending over into lands of Garcia
about one hundred varas. Thereupon the rope with which
the line had been measured was again tested, and it w!as
discovered that it had stretched almost a vara, so the
parties agreed that 50 varas of the overlap of 100 should
be allowed to Garcia.
Subsequently some question arose between the alcalde
and the parties in regard to the payment of the former's
fees, and also between Garcia and the Indians as to the
proper manner of making the measurement. Garcia was
not satisfied, and wanted the distance of 5,000 varas
measured anew with poles instead of a rope. The In-
dians insisted that as they were settled there prior to
Garcia, the land should be measured with a rope, as it
had been when it was first given to them, and that the
measurement should begin from their first church instead
of the one in existence at the time of the controversy.
Apparently the contending parties made a good deal
of trouble for the alcalde, and he sought the advice of
the governor, not only in regard to the proper manner of
making the measurement of the league, but also as to his
fees in the matter. But he did not get much consolation
from that officer. On the back of the letter to the gov-
ernor is a rough draft of his reply, dated April 23, 1833.
He tells the alcalde that it is not the governor's business
to resolve doubts that may arise in the minds of the al-
caldes with respect to the administration of justice, and
that the alcalde had better consult an attorney ; that with
respect to his fees he should be governed by the schedule
of fees in force in his district, or in lack of the latter, to
the well established custom in such matters, provided it
was not in conflict with the laws.
1246 DOMINGO SANCHES. Santa Fe. 1825.
"Will. Francisco Garcia, Sargento.
1247 DOMINGO SAENZ. Santa Fe. 1827.
"Will. Francisco Garcia, Sargento.
1248 TAOS VALLEY, 1753.
Order to fence lands to avoid trouble with Indians. Tomas
Velez Cachupin, Governor.
362 THE SPANISH AKCHIVES OP NEW MEXICO
1249 MARIA DE LA LUZ XAEAMILLO.
Will. Santa Fe, 1825. Jose de Laranaga, Cabo.
1250 PRIVILEGES of DESCENDANTS of CONQUER-
ORS, 1694.
El Conde de Galve.
1251 CIENEGA of Santa Fe. 1705. 1717.
Francisco Cuerbo y Valdes, Governor. Juan Paez Hur-
tado, Governor.
Proclamation prohibiting the pasture of animals in the
cienega at Santa Fe, March 27, 1717, by Captain Gen-
eral Juan Paez Hurtado ; signed also by Miguel Thenorio
de Alba.
Another proclamation by Don Francisco Cuervo y
Valdez, governor and captain-general; same prohibition;
April 25, 1705 ; a violation of the order was penalized by
"un mez de carcel" and the second by two months guard-
ing the horseherd of the royal garrison. This order has
a fine signature of Governor Cuervo y Valdez and also of
Captain Alonso Rael de Aguilar.
1252 TITLES to Granted Lands. Notice to all persons to
present. Santa Fe, 1707.
El Marques de la Penuela.
1253 FRANCISCA ANTONIA DE GUIJOSA. 1715-1716.
Piece of paper belonging to her land grant papers. Re-
ported Claim No. 109, q. v.
1254 BALTAZAR ROMERO to Alejo Gutierrez. Santa
Fe, 1715.
House and land. Order to give grantee testimonio. Pedro
de Villasur, Lieutenant-Governor.
1255 CIENEGA of Santa Fe. 1720.
Pedro de Villasur, Lieutenant-Governor. Fine signature.
April 12, 1720.
1256 FRANCISCO DE MASCAREfiAS and Brothers vs.
Juan Rodriguez.
Question of a small tract of land in Santa Fe. 1737. En-
rique de Olavide y Michelena, Governor. Manuel Sainz
de Garvisu. Pedro Joseph de Leon.
THE SPANISH ARCHIVES OF NEW MEXICO 363
1257 NEW MEXICO and NEW BISCAY. 1745. Bound-
aries.
Joachin Codallos y Rabal, Governor.
1258 INVENTORY of Documents in the government arch-
ives delivered by Joachin Codallos y Rabal to Tomas
Velez Cachupin, his successor, 1749.
1259 MINING REGULATIONS. 1777. Comandante Gen-
eral de las Provincias Internas del N. E. Caballero de
la Croix. This officer was the first to hold this office.
1260 EL CABALLERO DE CROIX. 1780.
Letter to Juan Bautista de Anza, Governor.
1261 RECORD of Brands and Land Grants, made appar-
ently by order of Juan Bautista de Anza, Governor.
Signed by him. Santa Fe, 1787.
The land grants are as follows:
Domingo Romero, Manuel Ortiz, Miguel Ortiz, 1782.
The Mesita de Juana Lopez. Juan Bautista de Anza,
Governor.
This grant was surveyed in 1876 and confirmed by con-
gress January 28, 1879. There was a conflict- with the
grant to the pueblo of Santo Domingo and a conflict with
the Ortiz Mine Grant. The conflict with the Santo Do-
mingo was a strip six miles long and nearly a mile in width
of the eastern end of the Pueblo Grant. The confirmation
confirms the title to all included within the survey of
1876. In 1907 a new survey of the Pueblo Grant was
made and resulted in greatly increasing the conflict with
the Mesita de Juana Lopez, the conflict under the last
survey being about 20,000 acres. The fact that the Pu-
eblo Grant had been patented seems to have made no dif-
ference in the making of the order for the new survey.
The Juana Lopez has not been patented, but that, under
the wording of the act of confirmation, is considered un-
necessary.
Sabinal. Order that the new settlers be put in posses-
sion. 1782. Juan Bautista de Anza, Governor.
Jose Apodaca, Diego Gonzales, Pablo Anaya. Lands
at Alburquerque. 1782. Juan Bautista de Anza, Govern-
or.
Mateo Roibal. 1782. Grant of lands at Jacona, for-
364 THE SPANISH AECHIVES OF NEW MEXICO
merly granted to Ignacio Roibal in 1702, by Pedro Rod-
riguez Cubero, Governor. Juan Bautista de Anza, Gov-
ernor.
This land was at the pueblo of Jacona (Tewa) aban-
doned in 1696. Ignacio Roibal was one of the soldiers
under General De Vargas, with the rank of ensign; his
wife was Francisca Gomez; a portion of the site of the
old pueblo and its lands had already been granted to
Captain Jacinto Pelaes, when Ignacio Roibal petitioned
for the remainder. Roibal was a man of some means, as
he stated to the governor that he had sufficient live stock
to use the entire property for grazing purposes ; the prop-
erty was bounded on the east by the lands of Juan de
Mestas and lands of Oyu (formerly of Francisco Anaya
de Almazan) ; on the north by the road which leads to the
new village of Jacona and some bluffs above said road;
on the west by a canada, which comes down by a house
built by Matias Madrid and some red bluffs near the small
mesa of San Yldefonzo; and on the south by the forest
between this village and Jacona. The property was given
to him October 2, 1702, by the castellan, Pedro Rod-
riguez Cubero, at the time governor and captain-general.
At this time Captain Pelaez was dead and his son had in-
herited the tract given to the captain. The place has been
occupied by the descendants of the original grantee ever
since and is now known as "Los Roibales."
Roque Lovato. Grant. Lands at Santa Fe. 1785. Juan
Bautista de Anza, Governor.
This grant had for its boundaries, on the north the top
of the dividing line or ridge between Santa Fe and
Tesuque ; on the south the road running along the foot of
the hills eastward from the "Muralla" in Santa Fe; on
the east some black hills, and on the west the road from
Santa Fe to Rio Arriba.
Roque Lobato was an armorer in the royal garrison of
Santa Fe; the grant was made September 23, 1785, by
Juan Bautista de Anza, governor and captain-general,
and possession was given by Jose Maldonado. At this
time Jose Miguel de la Peiia was chief alcalde and war-
captain of the Villa of Santa Fe and its jurisdiction.
Roque Lobato died the same year and his widow, Josefa
Armijo, on account of a debt of $450.00, created by her
late husband "at the house of Jose Ortiz," for the pay-
ment of which her husband had sold the property to a
soldier named Jose Ribera, deeded the property to Ri-
bera.
THE SPANISH AECHIVES OF NEW MEXICO 365
The "Muralla" was an old rampart or fort on the out-
skirts of the City of Santa Fe, in the direction of Tesuque.
This property belonged to Don Gaspar Ortiz in 1851.
Lorenzo Marques. Grant. 1785. Lands at the Canada
de los Alamos. Juan Bautista de Anza, Governor.
Bartolome Marquez and Francisco Padilla received a
grant of land near the city of Santa Fe from Don Gaspar
Domingo de Mendoza in 1742. It contains about 1,300
acres and is described : "On the east the Arroyo of Tierra
Blanca ; on the west the road leading to Pecos ; where the
lands of Cayetano, squadron corporal, adjoin; on the
south the Arroyo Chamizos; and on the north the high
hills, the boundary of the lands of Captain Antonio Mon-
toya, deceased."
A grant was made to Lorenzo Marquez in 1785, by
Don Juan Bautista de Anza ; the land covered a * ' surplus
to the lands of Captain Sebastian De Vargas; on the
south and west it adjoined the little valley called La
Canada de La Tierra ; on the east the Pecos road going to
the ranches of La Cienega." Possession was given by Don
Antonio Jose Ortiz, senior alcalde of Santa Fe, in the
presence of Diego Montoya, Gabriel Ortiz, and Antonio
Lujan and the ' ' only adjoining settler, ' ' Jose Maria Mon-
toya. This property was sold by the heirs of Marquez to
Simon Delgado, Pablo Delgado, Fernando Delgado, and
Felipe Delgado, on June 20, 1856.
Antonio de Armenta. Grant. 1786. Salvador Antonio
Sandoval. Lands between the pueblos of Zia and Xemes.
Town of San Isidro Grant. Juan Bautista de Anza, gov-
ernor.
The Town of San Isidro Grant lies between the Jemez
and Zia Grants. The records of the surveyor-general do
not show that any patent has ever been issued for this
property.
Whenever a grant was applied for, the tract being ad-
jacent to any of the lands belonging to the pueblos, in
nearly every instance the "league" of the pueblos is re-
ferred to and the consent of the pueblos seems to have
been secured before the making of a grant or the putting
in possession of the applicant. This clearly appears in
the grant to the original settlers of San Isidro de Los
Dolores, in the act of possession and in the petition itself.
The act of possession is as follows:
"At this point of San Isidro de Los Dolores, on the 16th
day of the month of May, in the year one thousand seven
hundred and eighty-six, I, Don Antonio Nerio Montoya,
366 THE SPANISH AECHIVES OF NEW MEXICO
senior justice and war-captain of the jurisdiction of San
Carlos de la Alameda, by virtue of the commission con-
ferred upon me by Don Juan Bautista de Anza, colonel of
cavalry of the royal armies of His Majesty, political and
military governor of this Province of New Mexico, being
at the aforementioned place, having summoned the natives
of the Pueblos of San Diego de Jemez and Cia, who are
adjacent residents, and having measured the league be-
longing to them, with two hundred and sixty-two varas
more, with which they expressed themselves satisfied ; some
of the Indians having planted some small patches and not
to offend them, I allowed them to retain possession of
them, with your Excellency's permission. I also pro-
ceeded to the Pueblo of Cia and measured the league be-
longing to that pueblo, with the further amount of one
thousand six hundred and thirty-two varas which the In-
dians purchased from Juan Galvan, as shown by the title
deeds of said purchase, and the aforementioned lands I
assigned and added thereto one thousand varas more, the
Indians having asked me for it, and the said Indians hav-
ing shown to me a sale made by the late Miguel Montoya,
which boundaries are in a canon commonly called El Rito
Salado ; that this canon is the pasture ground and summer
range of their cattle; the boundaries for which land are
the same called for in the title-deed; on the north a red
hill; on the south a white table-land, and on the east the
Jemez river itself; and having informed myself of the
contents of the two deeds, and having found in them only
what has been above stated, I gave the two pueblos to un-
derstand what belonged to each of them that of Cia
what they had acquired by purchase, and that of Jemez
what had been granted to them by His Majesty; and be-
lieving that neither of the two Pueblos was entitled to
the piece of ground which is unoccupied, and it being the
intention of our sovereign that his lands shall be settled
upon by his subjects wherever there may be any surplus,
and finding no impediment, and by virtue of the commis-
sion which I hold from His Excellency, I proceeded to the
land lying between the two Pueblos, which, upon being
measured, was found to contain two thousand nine hun-
dred varas, and no person appearing who claimed a better
right, both Pueblos being present, as well as the Senior
Justice, Antonio de Armenta, and the militia sergeant,
Salvador Antonio Sandoval, and being informed of all the
circumstances, I took them by the hand, walked with them
over the land, they pulled grass, threw stones toward the
THE SPANISH AKCHIVES OF NEW MEXICO 367
four winds of heaven, and we all exclaimed three times,
''Long life to the King, Our Sovereign," (whom may God
preserve), in proof of legal possession which I gave them,
and they received quietly and peacefully, without any op-
position; the boundaries whereof are as follows: on the
north the lands of Jemez; on the south the lands of the
Pueblo of Zia; on the west the mountain of the Espiritu
Santo Spring, at the place commonly called Los Bancos;
on the east the lands of the aforementioned senior justice,
Antonio Nerio Montoya, which is the road leading from
Cochiti to Jemez. And having assigned their boundaries,
and no injury resulting thereby, and being satisfied with
them, I directed them to erect permanent boundaries;
and in order that it may so appear, I, Antonio Nerio Mon-
toya, as commissioner and senior justice, at the same
time, signed with two attending witnesses, with whom I
act in the absence of a royal or public notary, there be-
ing none in this Kingdom; to which I certify.
"NERIO ANTONIO MONTOYA
1 'Witnesses: TORIBIO GONZALES, SALVADOR LOPEZ."
1262 SOLDIERS' QUARTERS at Santa Fe, 1788, 1790,
1791.
1263 PEDRO DE NAVA. October 22, 1791.
Decision that notwithstanding the provisions of Article
81 of the Ordinances of Intendentes, Captains of Presidios
may grant lots and other lands within the four leagues
belonging to each presidio.
On October 22, 1791, Don Pedro de Nava, then com-
mandant-general of the Provincias Internas, with the ap-
proval of the viceroy, promulgated at Chihuahua what
is known as the "Order of Pedro de Nava." This order
made provision for the allotment of lands by the captains
and commandants of presidios within the presidial juris-
diction.
This order of de Nava was revoked on January 19, 1793,
because in violation of Article 81 of the "Ordinance of
Intendants," which gave those officers exclusive jurisdic-
tion over the sale, allotment, and composition of crown
lands in the provinces under their jurisdiction. This or-
der of revocation is as follows:
"In the Superior Board of the Royal Treasury His Ex-
cellency, the Viceroy, approved provisionally the course
you took on the 22nd of October, 1791, and which I com-
municated to you on the same date, that, notwithstand-
368 THE SPANISH AECHIVES OF NEW MEXICO
ing the provisions of Article 81 of the Royal Ordinance
of Intendants, the captains and commandants of presidios
should continue selling lots and lands to the soldiers and
residents who applied for them in order to establish
themselves under their protection, limiting this power to
the area of four common leagues, measured from the cen-
ter of the plaza of each one, two to each wind ; but to the
end that the permanent ruling that is to be observed in
the matter may be made in said Superior Board, I was in-
structed to confer with said Captains and Commandants
on the consultation that furnished the occasion for making
that declaration. It was restricted substantially, under
the provisions of Articles 7, 81, and 306, of said Ordinance
of Intendants, to the order to the Captains and Command-
ants to suspend the apportionment of lands which they
were making under Article I, title II, of the regulations
of Presidios; since those articles give to said intendants
in the whole territory of their several provinces, exclusive
cognizance of the transactions that occur in the matter,
such as are the sales, compositions and apportionments of
crown and vacant lands ; and on the contrary, the treasury
would be deprived of the fees that belong to it.
"Afterwards, there was brought before His Excellency,
the Viceroy, the point that said articles of the Ordinance
of Intendants conferred on those who filled those offices
absolute political jurisdiction even in the settlements bor-
dering upon the enemy ; the opinion being that it was pre-
judicial for the Captains and Commandants of Presidios
to exercise it with prohibition and without the cognizance
of the governors-intendants, and that it was less so, for the
power to sell and apportion lands to belong exclusively
to them.
"The first was based on the belief that the residents
would be better governed by the judges whom the In-
tendant would appoint, they would have less distant, the
appeal to the latter than the commandancy general in
their complaints and grievances, it would cause them no
expense to bring their suits, nor would they suffer the
vexation and annoyances the military and civil head of-
ficials cause them, by proceeding despotically and arbi-
trarily in their decisions; so that they saw themselves
obliged not a few times to abandon their establishments,
or they made them leave them by inflicting banishment
upon them without hearing them, besides, also, it would
better facilitate the storing of grain, which the troops
need, inasmuch, as the Intendant would attend to encour-
THE SPANISH AECHIVES OF NEW MEXICO 369
aging it among the frontier residents with greater energy
than could the captains and commandants; and the sec-
ond, in that the royal treasury is prejudiced, his Majesty
failing to receive the composition fees for the lands that
are apportioned in the four jurisdictional leagues of the
Presidios.
' ' In order to comply with the resolution of the Superior
Board, you will immediately circulate this order to the
Captains and Commandants of Presidios in that Province,
to the end that they may report without delay through
you (and you will do the same with regard to that of
Loreto which is under your charge), whatever occurs and
appears to them, together with an individual notice of the
settlements contained in the four leagues assigned to each
one as its area ; and another of the residents and settlers
therein, with a statement of the number of persons of
both sexes that compose them, besides the troops.
"God preserve you many years.
"PEDRO DE NAVA [rubric]
"Chihuahua, January 19, 1793."
Under and by virtue of the Ordinance of Intendants of
December 4, 1786, New Spain, with the exception of the
Californias, was divided into twelve Intendancies, as fol-
lows: Mexico, Puebla, Guadalajara, Oaxaca, Guanajuato,
Merida de Yucatan, Valladolid, San Luis Potosi, Durango,
Vera Cruz, Zacatecas, and Sonora and Sinaloa (Arispe).
Each of the foregoing political divisions was entrusted
to an officer under the name of intendant, who had juris-
diction in the four departments of justice, police, treasury,
and war, but the intendants of Sonora and Sinaloa
(Arispe) and Durango, in matters of justice and police,
were subordinate to the commandants general of their
provinces, and the other ten to the viceroy, and all of
them to the Territorial Audiencias.
There was also to be an intendancy general of the army
in the City of Mexico, and the intendant general was the
delegate in Mexico of the superintendency general of the
royal treasury of the Indies.
A superior board of the treasury, to reside in the City of
Mexico, was also created and the intendant general was its
president.
Under Article 81 of the Ordinance of Intendants, these
officers were empowered to make sales and compositions
of the crown lands of their several provinces. The orig-
inal proceedings had by them were to be forwarded to the
370 THE SPANISH ARCHIVES OF NEW MEXICO
superior board of the treasury for approval. The in-
tendants issued the titles upon such approval and these
were again forwarded to the board of confirmation.
1264 MARIA ANTONIA LUCERO. 1791.
Letter of Francisco Xavier Bernal to Fernando de la
Concha in relation to her unwarranted claim to certain
lands.
1265 NEW SETTLEMENTS.
Copy of instructions for the formation and management
of the same. 1800. Certified by Manuel Merino. 21
pages. Perfect copy. Very legible.
1266 CEVILLETA. 1800.
Draft of letter of the Governor of New Mexico to Don
Pedro de Nava.
1267 COLONISTS from Louisiana. 1806.
Letter of Nemesio Salcedo in regard to.
1268 XEMES. Juan de Abrego, 1806.
Settlements at Xemes. Letter to the Governor.
1269 VALLECITO Grantees of: 1808.
Two letters of Ignacio Sanchez de Vergara, in one of
which the Vallecito is mentioned.
1270 LANDS held by purchase, grant, inheritance, etc.
1809.
Draft of a letter of the Governor of New Mexico to Ne-
mesio Salcedo, acknowledging the receipt of a letter in-
forming him that the time designated for the re-settle-
ment of such had expired and no one should be permitted
to use them without notice to the authorities.
1271 FRANCISCO ORTIZ. 1809.
Draft of a letter of the Governor of Neiv Mexico to Ne-
mesio Salcedo in regard to tract of land asked for by said
Ortiz. Also giving account of the custom that had for-
merly obtained in New Mexico in the manner of making
grants. No. 1081, q. v.
1272 RESIDENCE of the Governor, Santa Fe. 1810.
Describes the bad condition of the palace in 1810, which
had been the residence of the governors.
THE SPANISH AECHIVES OF NEW MEXICO 371
1273 SAME subject.
Salcedo writes to the Governor of New Mexico about the
condition of the palace.
1274 CINNABAR MINES in New Mexico, 1810. Not
known.
1275 EANCHOS DE ALBURQUEEQUE. 1811. Jose An-
tonio Cbaves.
Objections to the opening of a road through his land.
Los Ranches or Helena Gallegos Grant, R. No. 156.
This property is known as the Ranches de Alburquerque
Grant. Two suits were filed in the court of private land
claims which were consolidated for the purposes of the
hearing; the grant was confirmed and later surveyed for
35,000 acres. The northern line of this grant touches the
southeast corner of the Sandia Grant. It was patented
February 25, 1909.
1276 JOAQUIN CASTILLO. 1812.
Question of certain lands in the Belen Grant which he had
purchased. Jose Antonio Chaves, ex-Alcalde.
1277 LA MAJADA Tract. 1813.
Complaint against Miguel Ortiz.
1278 DOMINGO CHAVES. 1813-1820. Eancho de Per-
alia.
Question of partition. Manuel Ruvi de Celis, Alcalde.
Bartolome Baca ; Facundo Melgares, Governor ; Francisco
Sarracino; Francisco Xavier Chaves; Manuel Aragon.
1279 INDIANS OF SANTA CLAEA vs. Indians Can-
j 1815.
Question of lands. Miguel Lopez, Alcalde.
Letter of November 11, 1815, from Miguel Lopez, al-
calde of Santa Cruz, to the acting governor of New Mex-
ico (probably, at that time, Alberto Maynez), stating the
opinion of the alcalde as to the merits of a controversy
between the Indians of the pueblo of Santa Clara and
certain individuals of the tribe, named Canjuebes, who
had abandoned their tribal relations and become Spanish
citizens, but who still claimed lands within the pueblo
grant. Apparently this controversy had been passed on
by the acting governor and had at last reached the com-
mandant general at Durango.
372 THE SPANISH AECHIVES OF NEW MEXICO
Evidently the alcalde strongly favored the contention
of the Canjuebes, and he pretty strongly intimates that
the governor had overlooked the justice of their side of
the case.
The rough draft of the governor's reply immediately
follows the alcalde's letter. It is a scathing rebuke of the
latter 's interference in a matter which did not concern
him. The governor remarks, however, that he is not sur-
prised at it, as the alcalde 's ignorance is notorious.
1280 BEENAEDO BONAVIA. 1815.
Letter in regard to the question raised in No. 1279.
Letter of December 27, 1815, by Bernardo Bonavia,
commandant general at Durango, to the acting governor
of New Mexico, approving his decision in the matter of
the controversy between the pueblo of Santa Clara and
certain individuals of that town who had abandoned their
tribal relations, but still desired to hold land within the
pueblo grant. This is the same controversy referred to in
archive 1279.
Bonavia directs the acting governor to give the Can-
juebes to understand that if they want to hold the lands
in dispute, they must go back and become part of the pu-
eblo community, but if they want to retain their Spanish
citizenship they must buy the lands they need elsewhere,
as do other citizens of the Province.
1281 LOS QUELITES. 1817. Juan Jose Chaves 'and
others.
Petition for the said tract. Refused and recommended to
go to Socorro. Allande, Governor. Josef Mariano de la
Pefia, Alcalde. Jose Gabriel Sanchez.
1282 MILITAEY MATTEE, 1819.
1283 LUIS MAEIA CABEZA DE BACA. 1819.
Costs in Royal Audiencia at Guadalajara in the matter of
the sale of certain ranches to the Indians of San Buena-
ventura de Cochiti. Rafael Cuentas.
Detailed statement of costs incurred in the Royal Audi-
encia at Guadalajara by Don Luis Cabeza de Baca in a
suit had with the Indians of Cochiti in relation to the sale
of some ranches.
1284 LETTEES (2) of June 19, 1820, by Governor Fa-
cundo Melgares, one to Alejo Garcia Conde, Com-
THE SPANISH ARCHIVES OF NEW MEXICO 373
mandant General, the other to the Eoyal Audiencia
of Guadalajara.
In relation to certain costs due the employes of that tri-
bunal by Don Luis Maria Cabeza de Baca.
These costs were incurred in the suit with the Cochiti
Indians referred to in archive 1283.
The governor says that cash was so scarce that Baca
had been unable to raise the amount of the costs in money
(192 pesos 7 reales) and consequently had turned over to
the soldiers of the company at Santa Fe eight mules,
which the governor asks the commandant general to charge
to the company, paying to the Royal Audiencia the costs
in question.
1285 CEBOLLETA. 1821.
Disposition of land in said settlement which had belonged
to Salvador Chaves. It was given to Juan Bautista Chaves
by Jose Manuel Aragon, Alcalde. Mariano Sanchez Ver-
gara, Alcalde.
1286 JOS MARIA ALARID. 1821.
Petition for land at Las Nutrias, Valencia county. Not
granted. Juan Cruz Baca, Alcalde. Facundo Melgares,
Governor.
1287 LUIS MARIA CABEZA DE BACA. 1821.
In the matter of a grant of land asked for by him. De-
cision of the Deputation of Durango giving him the tract
called Las Vegas Grandes. Diego Garcia Conde. Miguel
de Zubiria.
The early history of the Las Vegas Grant is given in a
report of Surveyor- General William Pelham, before whom
the grant came for consideration in 1858, and who found,
at the time, that there were two claimants to the land, one
the heirs of Luis Maria Cabeza de Baca and the other the
Town of Las Vegas.
On January 16, 1821, Luis Maria Cabeza de Baca, in
his own name and that of seventeen male children, peti-
tioned the Provincial Deputation of the State of Durango,
under whose jurisdiction, he avers, the Province of New
Mexico then was, for a tract of public land suitable for
cultivation and pasture, called the Vegas Grandes, on the
Gallinas river, in the jurisdiction of El Bado. In this
petition he states that a like petition had been made to
the authorities of the Province of New Mexico, and that,
by a decree of the 18th of February, 1820, the land was
374 THE SPANISH AECHIVES OF NEW MEXICO
granted to him and to eight other persons, but as these
persons already possessed land elsewhere they took no in-
terest in its cultivation, and prays that the grant be made
to himself and his aforementioned children, with the fol-
lowing boundaries, to-wit:
On the north, the Sapello river ; on the south the bound-
ary of El Bado; on the west the summit of the Pecos
mountain; on the east the Aguage de la Yegua and the
boundary of Don Antonio Ortiz.
Governor Bartolome Baca, on October 17, 1823, holding
the title of political chief, directed the alcalde of El Bado
to place Luis Maria Cabeza de Baca in possession of the
land called for in his petition, as the eight individuals
who accompanied him in his first petition had placed no
improvements on the land, and the alcalde was required to
certify at the foot of the order the proceedings had by
him in the premises.
The claim of the Town of Las Vegas was based upon the
following proceedings :
On March 20, 1836, Juan de Dios Maese, Miguel Archu-
leta, Manuel Duran and Jose Antonio Casados, for them-
selves and in the name of twenty-five others, petitioned
the ayuntamiento of El Bado for a tract of land for
cultivation and pasture, situated in the county of El
Bado and bounded as follows : on the north by the Sapello
river ; on the south by the boundary of the grant to Don
Antonio Ortiz; on the east by the Aguage de la Yegua;
and on the west by the boundary of the town of El Bado.
On the same day the ayuntamiento of El Bado sent the
petition to the Territorial Deputation with the recommend-
ation that the petition be granted.
On March 23, 1835, the grant was made by the Terri-
torial Deputation with the boundaries asked for, with the
further provision that persons who owned no lands were
to be allowed the same privileges of settling upon the
grant as those who petitioned for it.
On March 24, 1835, Francisco Sarracino, acting gov-
ernor and political chief, directed the constitutional al-
calde of El Bado to place the parties in possession, and
adding : i ' It is also convenient to suggest to you that you
should select for the settlers a townsite and provide them
with lots for residence, together with such other steps as
you may deem proper for the security of the inhabitants,
who on account of settling on the land indicated will be
included in your jurisdiction."
THE SPANISH AECHIVES OF NEW MEXICO 375
The constitutional alcalde of El Bado made report to
Governor Sarracino as follows:
"At Nuestra Senora de los Dolores de Las Vegas, on
the sixth day of the month of April, in the year one
thousand eight hundred and thirty-five, jurisdiction of
San Miguel del Bado, I, citizen Jose de Jesus Ulibarri y
Duran, Constitutional Alcalde, the only one in this juris-
diction, proceeded to this town for the purpose of appor-
tioning the lands to the twenty-five individuals mentioned
in the petition dated March 20, 1835, and in general to
those who are without lands, not only those within this
jurisdiction, but also anyone who may present himself to
me, who has no occupation, and, having examined the
land, I took the measure from north to south, after which
I made the apportionment according to that portion of
the colonization law which refers to grant of public lands,
each individual received a gratuitous piece of land, ac-
cording to his means, with the understanding that the
lands given to the persons contained in the accompanying
list, one should remain uncultivated."
The surveyor-general, Pelham, considered both of these
titles good and recommended both for confirmation, leav-
ing to the several claimants the right of adjusting their
titles in the courts. But Congress (a Senate committee)
did not agree with the surveyor-general as to the best
manner in which these conflicting titles should be dis-
posed of. The committee said :
"The claimants under the title to Baca have expressed
a willingness to waive their older title in favor of the
settlers, if allowed to enter an equivalent quantity of
land elsewhere within the Territory ; and your Committee
cannot doubt that Congress will cheerfully accept the pro-
posal, which, indeed, would undoubtedly have been ac-
ceded to by Mexico if the Territory had remained hers,
to whose rights and duties the United States have suc-
ceeded."
Congress confirmed the grant to the Town of Las Vegas
and settled the claim of the Baca heirs in the following
language :
"And be it further enacted, that it shall be lawful for
the heirs of Luis Maria Baca, who make claim to the said
tract of land as is claimed by the Town of Las Vegas, to
select, instead of the land claimed by them, an equal
quantity of vacant land not mineral, in the Territory of
New Mexico, to be located by them in square bodies, not
exceeding five in number. And it shall be the duty of the
376 THE SPANISH AKCHIVES OF NEW MEXICO
surveyor general of New Mexico to make survey and lo-
cation of the lands so selected by said heirs of Baca when
thereunto required by them : Provided, however, that the
right hereby granted to said heirs of Baca shall continue
in force during three years from the passage of this act,
and no longer." Approved June 21, 1860.
The authority thus given to make locations was after-
wiard exercised by the Baca heirs, and the lands thus
acquired are known as "Baca Location" with the num-
ber up to five.
In 1887, the title of the town of Las Vegas to this
property was attacked by Moses Milheiser and others.
The case was finally determined by the supreme court of
New Mexico in 1889, Chief Justice Long delivering the
opinion of the court. The judicial determination favored
the title of the town to the property and that title is now
unquestioned. The grant has since been administered
by a board of trustees, appointed by the presiding judge
of the district court, pursuant to the provisions of legis-
lative enactment.
Don Luis Maria Cabeza de Baca claimed to be a de-
scendant of Alvar Nunez Cabeza de Vaca, one of the first
Europeans to cross the continent from the Gulf of Mexico
to the Gulf of California. He came to the Province of New
Mexico in the early part of the eighteenth century, with his
father, Juan Antonio Cabeza de Vaca. His is the
first of the name of Cabeza de Baca to appear in the
archives of New Mexico. He was one of the most notable
men of his time. In his petition for lands at the Vegas
Grandes, the present location of the city of Las Vegas,
he recites that he makes the request for himself and his
seventeen male cMldren. He died at Pena Blanca, New
Mexico, in 1833. A friend and neighbor, Jose Francisco
Salas, who was present at his death and burial, states
that he was killed by a soldier in the Mexican army on
account of his having some contraband property in his
possession, belonging to an American and which he re-
fused to deliver to the soldier. Mr. Salas, in 1858, testi-
fied that he knew Luis Baca, Prudencio Baca, Jesus Baca,
Sr., Felipe Baca, Jesus Baca, Jr., Domingo Baca, and
Manuel Baca, who were then living and that he had
known Juan Antonio Baca, Jose Baca, Jose Miguel Baca,
Ramon Baca, and Mateo Baca, all of whom were dead.
Don Luis lived at the Vegas Grandes for a period of
ten years, in a hut at the place known as the Loma Mon-
tosa. He was finally driven off by incessant raids of the
THE SPANISH ARCHIVES OF NEW MEXICO 377
Pawnee, Kiowa, and Cumanche Indians. Don Tomas C. de
Baca, son of Juan Antonio C. de Baca, was a very promi-
nent man in New Mexico during his career. He left several
children, among the rest Don Marcos C. de Baca, several
times a member of the New Mexican Legislative Assembly,
and a candidate for Congress in 1912. Don Domingo C.
de Baca, son of Don Luis Maria, was believed to be con-
nected with the conspiracy against the American officers
at Santa Fe, in 1846-7.
A complete list of the children of this notable New
Mexican appears elsewhere in this work.
1288 SANTA FE. 1822.
Tract of land next to the house of the Cura.
1289 JUAN RAFAEL OETIZ, Santa Fe.
Question of debt. Facundo Melgares, Governor.
1290 AYUNTAMIENTO of El Paso del Rio del Norte in
regard to the extent of its jurisdiction.
Don Juan Maria Ponze de Leon was secretary of the
Ayuntamiento of Paso del Norte.
1291 PEOVINCIAL DEPUTATION, 1822-1825.
Inventory of documents in the archives. No. 1258.
In the Journal of the Provincial Deputation are many
items of interest relative to the lands of the Pueblo In-
dians, the efforts of people to secure title to some of them,
and the disposition of the Mexican authorities is reflected
by these entries.
These orders and decisions are as follows:
February 16, 1824. Leaf 86, page 2.
Three petitions, by eighteen different persons, asking
for unoccupied agricultural lands belonging to the In-
dians of Santo Domingo and San Felipe, were taken up
for discussion.
It was resolved to appoint Don Jose Francisco Ortiz
to examine the lands, ascertain their extent and also to
give the natives to understand that the Deputation could
dispose of those lands. The right to decrease the num-
ber of applicants was reserved for further discussion.
March 12, 1824. Leaf 88, page 2.
Don Jose Francisco Ortiz reported that he had exam-
ined the surplus land at the pueblos of Santo Domingo
and San Felipe, which was three-fourths of a league in
378 THE SPANISH ARCHIVES OF NEW MEXICO
extent, and the natives stated that it had been given to
them for the pasturing of their animals.
It was decided that the jefe politico (governor)
should go to the pueblos in question, in company with
Ortiz and such other persons as he saw fit to take and
should partition to the two pueblos the land which they
had held in common up to that time, in order that each
might dispose of what belonged to it, with the same
liberty as other citizens. The surplus lands were then to
be disposed of.
February 16, 1825. Leaf 41, page 2.
There was taken up for consideration a petition by
Miguel Rivera and others, in regard to lands on the
Pecos river which had been partitioned to them by the
alcalde of El Bado (Vado) by order of the jefe politico
and from which they had been subsequently ejected.
It was decided that the parties must be governed by
the decision of the Deputation of February 16, 1824.
In discussing this matter the question was raised
whether the Pecos Indians could sell their lands or pre-
vent the Deputation from making donations of those
lands which they claimed to own but were not cultivating.
Reference is made to such donations having been re-
jected in accordance with section 5 of the law of Novem-
ber 9, 1812.
July 19, 1825. Leaf 55, page 2.
A petition from various persons who asked for the sur-
plus lands of the Nambe Indians, was referred to the town
council of La Canada (Santa Cruz de la Canada] for re-
port.
September 15, 1825. Leaf 63, page 1.
On the petition of Juan Diego Sena, asking for the
granting of the surplus lands of the San Juan Indians, it
was decided not to consider this and similar petitions, un-
til the decision of the Federal government, as to a general
rule to be observed in such cases, should be obtained.
The San Juan Indians are referred to in this entry as
"Citizens."
November 17, 1825. Leaf 70, page 2.
After considering a petition of the Pecos Indians, ask-
ing that they be declared to be the owners of one league
of land on each course, which amount of land had been
considered to belong to each pueblo of the Territory, it
was decided to refer the matter to the Federal govern-
ment for interpretation of section 5, of the law of No-
vember 9, 1812.
THE SPANISH AKCHIVES OF NEW MEXICO 379
July 18, 1827. Leaf 152, page 1.
Two petitions of the Laguna Indians were presented to
the Deputation; one relative to the interference of the
Acoma Indians with the water rights of the petitioners;
the other in regard to the attempt of the people of Cebol-
leta to deprive the Lagunas of the Paguate ranch, which
they claimed by purchase.
The Lagunas also asked for a new grant to the Paguate
ranch.
June 25, 1827. Leaf 159, page 1.
Two complaints of the Laguna Indians, presented to
the Deputation on June 18, 1827, relative to the water
rights dispute with the Indians of Acoma and the dispute
with the people of Cebolleta as to the Paguate ranch,
were transmitted to the jefe politico for his action there-
on.
June 27, 1827. Leaf 159, page 2.
A memorial and deeds of Don Francisco Ortiz, relative
to lands which he had bought of the Indians of San Ilde-
fonzo, were referred for report to a committee composed
of Antonio Ortiz, Francisco Baca y Ortiz, and Pedro
Ygnacio Gallego.
February 9, 1829. Leaf 22, page 2.
A petition by Rafael Sanchez and others, asking for
lands at San Jose, near the pueblo of Acoma, was taken
up for discussion; it was decided that the constitutional
alcalde of Laguna should investigate whether any person
had acquired property rights there and whether the water
with which the land was to be irrigated was independent
of that used for similar purposes by the Indians of La-
guna and Acoma.
If such was found to be the case, and there was no ob-
stacle, the parties were to be put in possession.
January 8, 1831. Leaf 56, page 1.
An application of Juan Garcia of Alburquerque for a
tract of land at Cubero was referred to the constitutional
council of Laguna, with instructions as to points to be
covered in their report.
April 14, 1831. Leaf 63, page 1.
A petition of Agustin Duran and others for a tract of
land about 3,000 varas in extent between the pueblos of
Santo Domingo and San Felipe, was referred to the coun-
cils of Cochiti and Sandia for report.
November 12, 1831. Leaf 69, page 1.
A petition of Juan Cristobal Muniz, a citizen of Jemez,
380 THE SPANISH ARCHIVES OF NEW MEXICO
for some fanning land at Vallecito and near the Jemes
pueblo, was referred to the council of Jemez.
November 12, 1831. Leaf 69, page 1.
The report of the council of Cochiti on the petition of
Agustin Duran and others for lands between Santo Do-
mingo and San Felipe was considered; after which the
matter was ordered transmitted for report to the council
of Sandia, that being the jurisdiction of San Felipe.
July 16, 1832. Leaf 74, page 2.
Complaint of the Jemez Indians relative to the damages
they were suffering as to their common lands, was re-
ferred to the council of Jemez for further information.
July 18, 1832. Leaf 76, page 2.
Petition of Antonio Sandobal, asking for pasture land
from the Ojo Hediondo as far as the Canoncito del Cojo.
Referred to the council of Laguna.
1292 INDIANS of the Pueblo of Taos and the People of
Arroyo Seco. 1823. Water rights.
Report of the Ayuntamiento.
Report of the ayuntamiento (town council) of Taos,
dated December 30, 1823, to the jefe politico, in regard
to a suit pending between the residents of Arroyo Seco
and the Indians of the pueblo of Taos, as to water rights
in the Lucero river.
The ayuntamiento states that the Arroyo Seco people
acquired their rights to their lands under a grant made
by Joaquin Codallos y Rabal, dated October 7, 1745, but
the land had not been used until 1815, when they
began to build houses, and cultivate their lands, which
they irrigated from the Arroyo Seco and also from the
Lucero river; that the Indians, in addition to using the
waters of the river which ran through their pueblo also
used and had always used the water of the Lucero river
for irrigating their lands; that moreover they had ac-
quired a new right in the latter stream by having pur-
chased from the descendants of Antonio Martin, the legal
owner of the land granted from the league of their pueblo,
to the Arroyo Seco, etc.
The general tone of the report is favorable to the pri-
ority of the right of the Indians.
There is a crude sketch map with this report, showing
the lands purchased by the Indians, the pueblo, the town
of Don Fernando, and the streams in that neighborhood.
This archive, I understand, has been translated and
used in a suit in which the Indians of Taos are now (1913)
THE SPANISH AKCHIVES OF NEW MEXICO 381
involved with persons claiming under the Antonio Mar-
tinez grant.
1293 PETITION of Francisco Xavier Ortiz and three
others for lands near San Ildefonso. No action.
Petition by Francisco Xavier Ortiz and his three sons,
to the jefe politico, for a piece of land for each adjoining
the lands of the pueblo of San Ildefonso. The date is
February 19, 1824.
The parties ask the jefe politico to forward the peti-
tion with a report, if necessary, to the Provincial Depu-
tation.
There is no further action.
1294 LA CIENEGA DE LOS GARCIAS. 1825.
Piece of a letter in regard to the partition of the same.
1295 ALAMEDA TEACT. 1825.
Report of measurement of the same by Perea. Report
made to Bartolome Baca, political chief.
Letter of June 13, 1825, from a certain Perea, at Ber-
nailillo, to the jefe politico, Bartolome Baca, reporting
that he had complied with the latter 's order to measure
the Alameda Tract from the boundary of the natives of
the pueblo of Sandia to the Alburquerque line.
One statement in this letter indicates that the land im-
mediately adjoining the Indians' land (on the south) be-
longed to Don Eusebio Rael.
1296 JOSE IGNACIO MADRID and Mariano Baldes and
Others.
Letter to Jose Manuel Salazar in the matter of the parti-
tion of their lands on the Rio Chama. 1826.
1297 CORPORATION OF SANTA FE. 1826.
Record of the proceedings in a suit about lands at Ar-
royo Seco, near the pueblo of Taos. The petition is ad-
dressed to Don Antonio Narbona, governor and political
chief. The signatures are those of Juan de Dios Pena,
war-captain and chief alcalde; Mariano Pena, Salvador
Padilla, Jose Ma. Ortiz ; Juan Domingo Fernandez ; Fran-
cisco Lobato ; Francisco Sanchez ; Rafael Antonio de Luna ;
Pedro Martin ; Matias Martin ; Juan Antonio Martin ; Jose
Miguel Aragon; Mariano Sanchez; Jose Gonzales.
Bartolome Baca also appears in the proceeding in June,
1825.
382 THE SPANISH AECHIVES OF NEW MEXICO
This is a controversy begun in the year 1825, between
Felipe Gonzalez and Carpio Cordoba, as complainants, and
Jose Antonio Sanchez and Diego Antonio Sanchez, de-
fendants, in regard to some lands at Arroyo Seco, near
Taos.
The manuscript is nearly 40 pages in extent, but it is
not necessary to make a full brief of its contents, as the
most of it is not of importance to the Indians of Taos.
It appears from these papers that in the year 1816
Manuel and Matias Martin, citizens of Abiquiu, petitioned
Don Pedro Martin, chief alcalde of Taos, to restore to
them certain lands of which they had been illegally de-
prived.
They state that it had come to their knowledge that
their grandfather, Don Antonio Martin, had had a grant
made to him by the king at the Rinconada del Kio de
Lucero, and that having been advised to seek for the
granting documents at the pueblo of Taos, they discovered
that the grant had been sold to the natives of that pueblo
by Joaquin Sanches, who had hid said grant from their
father, who was the lawful heir to it. They allege that
the said Joaquin Sanches was not an heir of their grand-
father, and they denounce the sale made by him as being
illegal and depriving them and their children of their
lawful rights. ,
The petition of Manuel and Matias was presented to j
the alcalde, as above stated, and he directed, by his of-
ficial order of April 26, 1816, that one of the interested
parties should take it to the governor of the Province, in
order that he should take such action as he saw fit.
That officer, on May 7, 1816, ordered the alcalde to in-
vestigate whether the petitioners were lawful heirs, and
whether Joaquin Sanchez had usurped their lands.
This the alcalde did, and on May 30, 1816, he made his
report to the governor. That part of his report which is
most important to the Taos Indians relates to the gene-
alogy of these Martins. The alcalde's investigation re-
vealed the fact that the grandfather of the petitioners,
Antonio Martin, had by his own niece, Isabel Pacheco, an
illegitimate child, who was named Diego Rafael, and who
became the father of Manuel and Matias Martin, the pe-
titioners in the matter now under consideration ; that sub-
sequent to the birth of her illegitimate son, Isabel Pa-
checo married Francisco Sanchez, by whom she had four
children, Joaquin, Joseph, Francisco, and Mariano; that
Antonio Martin gave a tract of land, which he had by
THE SPANISH AECHIVES OF NEW MEXICO 383
grant from the king, to Isabel and her sister Francisca,
by whom also he had had a child, which apparently did
not survive the mother; that neither Antonio Martin nor
Isabel Pacheco made any will; that Joaquin and Jose
Sanchez, two of the legitimate children of Isabel, sold the
land in opposition to the wishes of their brothers, Fran-
cisco and Mariano, and their half-brother, Diego Rafael;
that some years prior to the date of the alcalde's report,
Francisco and Mariano had taken some legal steps, ap-
parently to assert their own rights, but entirely ignoring
the rights of their half brother, Diego Rafael; that ulti-
mately Francisco and Mariano decided to compromise the
whole matter in order to avoid being involved in law
suits ; that with that object in view they acknowledged the
petitioners, Manuel and Matias Martin (the children of
Diego Rafael), as their nephews; that they requested the
alcalde to divide the ranch in halves, through the center.
The alcalde then proceeds to describe the measurement
which he made of the ranch, and the manner in which it
was divided in accordance with the voluntary compromise.
On June 3, 1816, Governor Allande approved the par-
tition of the land.
Another paper in the case indicates that when the In-
dians of Taos became satisfied that the sale made to them
by Joaquin Sanchez was not legal, they gave up the land
in consideration of one hundred pesos and an ox, which
was given to them by Don Felipe Gonzalez.
This paper is dated at Taos on May 13, 1816.
The original controversy of Felipe Gonzalez and Carpio
Cordoba with Jose Antonio and Diego Antonio Sanchez, of
which the papers above described form a part, was ap-
parently decided in favor of Diego Antonio Sanchez,
by Governor Antonio Narbona, on May 23, 1826.
1298 JULIAN BAEL vs. Indians of Sandia. 1827.
Opinion of Ignacio Maria Sanchez Vergara, Alcalde.
Letter of July 7, 1827, from Ignacio Maria Sanchez Ver-
gara to Manuel Armijo, jefe politico of New Mexico,
transmitting an expediente of a suit in regard to lands be-
tween Don Julian Rael and the Indians of the pueblo of
Sandia.
He sets forth at length his opinion in regard to the mat-
ter, which was strongly in favor of Rael's contention and
which strongly intimated that the Indians were not act-
ing in good faith.
It is possible that Sanchez was personally interested in
384 THE SPANISH AECHIVES OF NEW MEXICO
the matter, as he requests the return to him of certain
documents ; and following his signature to the letter is an
acknowledgment, also signed by him, of the return of all
his documents, at Sandia, August 17, 1827.
One of the statements made by Sanchez seems to indi-
cate that the title under which Rael was claiming had its
inception as far back as the time of the Marquis of Penu-
ela, who was governor of the province about 1707 to 1712.
This would be many years prior to the grant made to the
pueblo of Sandia, the date of which was 1748.
Letter of November 10, 1829, from the office of the
minister of justice to the jefe politico of New Mexico,
acknowledging the receipt of the copy of the legal pro-
ceedings in regard to the restitution of lands to the citi-
zens (vecinos) of the pueblo of Sandia. The expediente
was forwarded with the jefe politico's letter of October
30, 1829 (?).
A marginal note shows that the alcalde of Sandia was
notified of the receipt of this letter of November 10, on
December 25, 1829.
1299 PUEBLO OF SANDIA. 1829.
Receipt from the office of the Minister of Justice of the
proceedings in the matter of the restitution of lands.
1300 DEAFT OF A EEPORT of a Committee of the Ter-
ritorial Deputation in the matter of granting the Go-
tera Tract to Jose Guadalupe Eomero and Manuel
Bustamante.
1301 JUAN CEUZ BACA. Sabinal, 1831.
Complains to Jose Antonio Chaves, political chief, that
Ramon Torres, alcalde of Sabinal, has taken the lands
from the heirs of Geronimo Chaves and given them to his
brother.
1302 GEEONIMO CHAVES, Heirs of, vs. Eoman Torres.
Sabinal, 1831. No. 1301, q. v.
1303 JUAN JOSE LUJAN. 1832.
Lease to Harvey Ellison and Wyatt ; land for a tannery.
Juan Garcia, Alcalde.
1304 PEDEO MOLINA. 1832.
Letter to the jefe politico in regard to sale of lands by
Francisco Baca in Encinal and Cubero.
DON PEDRO DE CASTRO FIGUEROA
Duke of the Conquista, Viceroy of Mexico 1740-41
THE SPANISH AECHIVES OF NEW MEXICO 385
He states that the lands had been purchased and the
price paid therefor, which he enumerates in sheep, horses,
a cow, etc., with which Baca was satisfied ; that the citizens
who had purchased them were ready to go to work and
were only waiting for the lands to be partitioned among
them, etc.
It is likely that the Francisco Baca referred to in this
letter was the Navajo Indian whose rights at Cubero were
purchased by Mexican citizens prior to the establishment
of their town.
1305 MAEIANO SANCHEZ. 1833.
Petition that the tract Agua Sarca formerly granted
to Sebastian Martin, his great-grandfather, be partitioned
among twenty-five persons.
1306 DECREE of Mexican Congress forbidding the sale of
property held in mortmain until further legislation on
the subject. 1833.
1307 DECEEE of Mexican Congress correcting typogra-
phical error. 1834.
1308 VICENTE OTEEO. 1834.
Letter to the political chief, Francisco Sarracino, in
Valencia, March 9, 1834:
"MOST EXCELLENT SIR: Manuel Sanchez, for himself
and in the name of nineteen individuals, all residents of
Valencia, represents to your excellency that having discov-
ered a tract of land suitable for cultivation at the point
of Tajique, which is vacant, and consequently will not be
to the injury of any third party, on the contrary, the con-
dition of the petitioners will be bettered on account of
the limited amount of land which they can now cultivate,
and that your excellency, in compliance with the law
which recommends the encouragement of agriculture, be
pleased to direct that the above-mentioned land, contain-
ing one-half of a league in circumference, be donated to
them, protesting to pay all costs in good faith, etc.
"MANUEL SANCHEZ"
"SANTA FE, March 17, 1834.
"The constitutional justice of Valencia, to which juris-
diction Tajique belongs, as I am informed, will make the
division asked for, within the boundaries they set forth,
provided no injury will result to any third party, the
386 THE SPANISH AECHIVES OF NEW MEXICO
grant temporarily made by the government, to avoid de-
lay in planting their crops, being subject to the confirma-
tion of the most excellent deputation when it shall meet.
"SARRACINO."
"At this point of Tajique, on the ninth day of April,
one thousand eight hundred and thirty- four, in compliance
with the provisional order of the political chief to place
the parties in possession, in order that the individuals
who asked for a grant to said land, containing one-half
league in circumference, should not lose their crops, I,
Citizen Vicente Otero, constitutional justice of the town-
ship of Valencia, proceeded to the place for that purpose,
with two attending witnesses, which said office is entitled
to, commencing by measuring the one-half league in cir-
cumference, having in the first place set aside one hun-
dred and seventy-two varas in the most convenient place
for a town site, and from the center thereof the one-half
league in the direction of the four cardinal points of the
compass was measured in the following manner: the first
towards the south, which reached to a thick cedar a little
above the cafion called l De los Pinos;' the second towards
the north, to the canon De Las Migas, where a pine tree
was marked with a cross; the third towards the west, to
the little table lands of the Cueva, where another pine
tree was marked with a cross; the fourth towards the
east to the lone pine, said measurements having been made
in the presence of twelve of the grantees. The subdivision
of the arable land to which each one was entitled to was
omitted, on account of the absence of seven of those con-
tained in the granting act, directing the persons present
to commence planting their crops, with the understanding
that when the proper time arrived I would return to sub-
divide the land, informing them that no one acquired any
right to the land he cultivated excepting those to whom it
should fall by lot, with the condition that whosoever re-
ceived the land which was broken up should break up a like
quantity for the first occupant; and for the purpose of
placing this on record and other^ proper objects, I, the
aforesaid justice, signed this document, with my attend-
ing witnesses, to which I certify. VICENTE OTERO.
"Attending:
"JACINTO SANCHEZ.
" JOSE MANUEL MALDONADO.
' ' At this place of Tajique, on the twenty-fourth day of
December, one thousand eight hundred and thirty-four, I,
Citizen Vicente Otero, constitutional justice of the juris-
THE SPANISH AKCHIVES OF NEW MEXICO 387
diction of Valencia, in fulfillment of the foregoing docu-
ment, and in the presence of my attending witnesses, I
caused to appear before me the persons to whom this place
was granted, who, being present, I informed them of the
operation to be performed, as set forth in the foregoing
document, and they willingly consented to receive what-
ever tillable land each one was justly entitled to ; where-
upon, the calculation being made, I commenced measur-
ing from west to east one hundred and twelve varas to
each one; leaving out, in the first place, twelve varas as
outlets to the town, having placed them in possession in
the following order: 1st. Measured to Maria Gertrudis
Chaves, who is bounded by the lands of Antonio Otero.
2d. Antonio Otero, who is bounded by the lands of Maria
Gertrudis Chaves and those of Manuel Garcia. 3d. Manuel
Garcia, who is bounded by Antonio Otero and Jose Lo-
renzo Otero. 4th. Jose Lorenzo Otero, bounded by Man-
uel Garcia and Matias Sanches. 5th. Matias Sanchez,
bounded by Jose Lorenzo Otero and Jose Antonio Za-
mora. 6th. Jose Antonio Zamora, bounded by Matias
Sanchez and Rafael Sanchez. 7th. Rafael Sanchez,
bounded by Jose Antonio Zamora and Francisco Moya.
8th. Francisco Moya, bounded by Rafael Sanchez and
Jose Maria Maldonado. 9th. Jose Maria Maldonado,
bounded by Francisco Moya and Cristobal Zamora. 10th.
Cristobal Zamora, bounded by Jose Maria Maldonado and
Lazaro Ramirez, llth. Lazaro Ramirez, bounded by
Cristobal Zamora and Mateo Anaya. 12th. Mateo Anaya,
bounded by Lazaro Ramirez and Ignacio Cedillo. 13th.
Ignacio Cedillo, bounded by Mateo Anaya and Roman
Zamora. 14th. Roman Zamora, bounded by Ignacio Ce-
dillo and Domingo Zamora. 15th. Domingo Zamora,
bounded by Roman Zamora and Jose Chavez. 16th. Jose
Chavez, bounded by Domingo Zamora and Antonio San-
chez. 17th. Antonio Sanchez, bounded by Jose Chavez ;
Jose Sanchez to the west of the temple ; Dionisio Vigil to
the west of the temple ; giving to all the privilege of break-
ing up such land as they may want, on a line with their
own, without going beyond the half league granted to them;
it being understood that those having received land which
has been broken up by others, within their lot, shall break
up an equal quantity for the person entitled to it on un-
broken land, by the month of April, 1835; and if said
condition is not complied with, they will continue using
the land they have broken up originally until other land
is broken for them. All having expressed their satisfac-
388 THE SPANISH AECHIVES OF NEW MEXICO
tion at this and all other matters connected with the di-
vision of the land, and in order that they, their heirs and
successors, may enjoy the same peaceably and quietly,
and in order that they may barter their land or dispose
of it to whomsoever they may see proper at the expiration
of the period prescribed by law for such grants, I, the
aforesaid justice, said I would authorize this document,
as I did authorize it, in due form of law, and by virtue
of the powers in me vested, signing with those in my at-
tendance, to which I certify. VICENTE OTERO.
' * Attending :
' * JOSE ANTONIO MALDONADO. ' '
Don Vicente Otero, mentioned in the foregoing archive,
was the grandfather of Miguel A. Otero, governor of New
Mexico during the McKinley and Roosevelt administra-
tions. His father, Don Miguel A. Otero, 10, was delegate
in Congress in the 'fifties. Tajique is the site of an old
pueblo, destroyed by the Apaches in the middle of the sev-
enteenth century.
1309 DRAFT of a Letter to the Alcalde of El Bado in re-
lation to action taken by the Territorial Deputation in
the matter of the petition of Juan de Dios Maese, et
al., for a grant of lands at Las Vegas. 1835.
1310 JOSE FRANCISCO CHAVES Y BACA. 1835.
Letter to political chief in regard to lands sold by a
Navajo Indian, which lands belonged to the Indians of
Laguna.
Letter of May 26, 1835, written at Laguna, by Jose
Francisco Chaves y Baca, constitutional alcalde of that
district, to the jefe politico, in regard to a controversy
between the natives of Laguna and the parties who had
purchased land from the Navajo Indian, Francisco Baca.
He states that Baca had deeded the land to the pur-
chasers, the deed being acknowledged before Don Manuel
Gallego, the retiring alcalde; that he had summoned the
latter before him and had asked him what reasons he had
had for including in the deed lands which belonged to
the Indians; that Gallego had answered that at the time
in question there was no one to inform him that the prop-
erty of the complainants was included in the deed; that
he was governed by the boundaries which Baca pointed
out to him in company with Don Juan Dionicio Chaves,
the attorney in fact for the purchasers; that he had no
THE SPANISH AKCHIVES OF NEW MEXICO 389
means of knowing whether the statements made in the
deed by the Indian were true.
This letter was evidently a letter of transmittal of docu-
ments which the Laguna Indians had laid before the al-
calde in connection with their attempt to recover lands
which they claimed and which had been sold by the Nav-
ajo to the people of Cubero, and although it does not re-
veal the contents of those documents, it shows that the
alcalde took the side of the Indians as against the Cubero
people and their grantor, Francisco Baca.
L311 SANTA FE. 1835.
In the matter of a reservoir. Francisco Trujillo, Juan
Jose Lujan, Simon Apodaca, members of the Ayuntami-
ento.
1312 ALBINO PEREZ, Governor. 1835.
Receipt of official letter.
1313 SANTA FE. 1835-6.
Destruction of a reservoir maintained by Miguel Sena.
1314 SANTA FE. 1836.
Names of property owners in the city. Juan Bautista
Vigil y Alarid.
1315 JUAN DE BIOS MAESE. San Miguel del Bado. 1836.
Petition to political chief that he take some steps toward
compelling the grantees in the Las Vegas Grant to take
possession of their lands.
1316 PROTOCOL of Manuel Doroteo Pino, First Consti-
tutional Alcalde of Santa Fe. 1838.
Lorenzo Balizan to Lorenzo Provencio. Land at El Paso,
1838.
Ignacio Duran to Gaspar Rivera. Land in Santa Fe,
1838.
Tomas Valencia to Antonio Matias Ortiz. Mortgage.
Lands in Santa Fe, 1838.
Jose Serafin Martin for his father, Antonio Martin, to
Juan Rafael Ortiz. House and land in San Jose de La
Cienega, 1838.
Mariano Mares to Bias Ortega. Land in Santa Fe. 1838.
Eusebio Garcia, for his wife, Luciana Martin, to Miguel
Tafoya: House and land on the Rio de Santa Fe. 1838.
390 THE SPANISH AECHIVES OF NEW MEXICO
Felipe Coris to Esmeregildo Ortiz. Land in Santa Fe,
1838.
Getrudis Sandoval. Partition of her estate. 1838.
1317 MANUEL AEMIJO, Governor.
Book 2d of rough draft of decrees, 1840-1842.
1318 COENELIO VIGIL. 1842. Juez de Paz.
Transmitting to Guadalupe Miranda, secretary of the
government, expediente of land suit between the people
of Don Fernando de Taos and those of San Francisco del
Rancho.
The Don Fernando de Taos Grant, R. No. 125, was con-
firmed by the court of private land claims and under a
survey pursuant to the decree, the area is found to be
more than 1,817 acres. The north boundary of this prop-
erty is the southern boundary of the Taos Pueblo Grant.
Patented, February 25, 1909.
1319 PABLO MONTOYA, deceased. 1842.
Draft of a letter to the governor in regard to the disposi-
tion of his property.
1320 VICENTE EIBEEA, Juez de Paz, to Guadalupe Mi-
randa, Secretary, 1842.
Announcing that he has placed certain parties in posses-
sion of lands at the junction of the Gallinas and Pecos
rivers, and asking whether there shall be given lands to
others who may need them. Draft of an affirmative reply
on the same paper.
1321 LA CIENEGA of Santa Fe. 1844.
1322 MARIANO MAETINEZ, Governor, 1844.
To the president of the Departmental Assembly. Trans-
mitting petition of certain citizens for lands at Sapello
and Mora.
1323 SANTA FE. 1845.
Petition of the first and second alcaldes on behalf of the
city, to the governor, for a tract of land. No action.
1324 AGAPITO, NAZAEIO, and EICAEDO OETIZ. 1845.
Claim to a house in Santa Fe, as heirs of their mother,
Maria Rosa Mestas, which had been sold without their
consent, by their father, Casimiro Ortiz. Teodoro Gon-
zales, Juez de Paz. San lldefonzo.
THE SPANISH AKCHIVES OF NEW MEXICO 391
1325 SANDIA Grant. 1846.
Letter of Manuel Armijo, directing Juan Bautista Vigil
to send the papers to him. Vigil's letter of transmittal.
A marginal note, signed by the rubric of Vigil, shows
that the grant was delivered to Don Tomas Ortiz, on
March 20, 1846, which is corroborated by Vigil's letter of
that date to Governor Armijo, forming a part of the same
archive.
1326 MANUEL DELGADO and JUAN PINO. No date.
Fragment of a document in relation to a controversy as
to water rights at the rancJios of Juana Lopez and Los
Cerrillos.
1327 COMMUNICATION (3), rough draft, in relation to
stationing soldiers at some point in the valley of the
Eio Grande.
These are addressed to the viceroy, the Duke of Albur-
querque. The apostasy of the Moquis is mentioned.
1328 TESTIMONIO of letter and report relative to an
attack made upon the Pueblo of Pecos by the Cu-
manches, the presence of a hundred lodges of these
Indians on the Bio Jicarilla, and the selling of fire-
arms to them by the French, and the proposed con-
struction of a Presidio at the place called "Jicarilla."
The date is 1748 ; the archive contains 14 pages and bears
the signature of Governor and Captain-General Joachin
Codallos y Rabal. The fact that a Frenchman named Luis
Maria and eight others had been at Taos in 1742 is men-
tioned; that Luis Maria had been " apeloleado" in the
plaza at Santa Fe under an order from the superior gov-
ernment of New Spain ; that in 1744 a Frenchman, named
Santiago Velo, had come to the pueblo of Pecos. The
Villasur expedition of 1720 is also mentioned. The names
of Fr. Joseph Urquijo, Fr. Juan Miguel Menchero, Fr.
Lorenzo and Antonio Duran de Armijo also occur. In
addition to the signature of Governor Joachin Codallos y
Rabal, those of Phelipe Jacobo de Unanue, J. Miguel de
Alire, with rubrics, also appear.
1329 LETTER from the Department of the Interior to
the Political Chief of New Mexico, enjoining great
caution in the matter of permitting colonists from
392 THE SPANISH AECHIVES OF NEW MEXICO
the United States of North America to enter. Mexico,
November 21, 1828. It was received at Santa Fe,
N. M., January 14, 1829, and answered.
1330 LETTER, Mexico, February 12, 1825, from Rafael
Mangino to the Commissary-General of Santa Fe,
relative to arms for light infantry.
1331 LETTER from General Antonio Lopez de Santa
Anna; Merida, April 23, 1825, to the Governor of
New Mexico, announcing his resignation of the office
of Commandant-General of the Free State of Yuca-
tan. Rough draft of letter in reply.
1332 CIRCULAR from the office of the Minister of the In-
terior, requesting the Governor of New Mexico to
furnish information relative to lands suitable for
colonization purposes. Mexico, September 10, 1838,
1 folio.
1333 LETTER from Don Jacobo Ugarte y Loyola to Gov-
ernor Don Juan Bautista de Anza in relation to the
proper manner of obtaining and retaining the friend-
ship of the Indian tribes. Chihuahua, October 9,
1786.
There is also a certified copy of an opinion of the asesor,
Galindo Navarro, on the same subject, dated September
4, 1786. The letter is only a fragment, and the hand-
writing is the same in each. The "Diet amen" refers to
the bandos of former governors, mentioning them by
name, upon the same subject.
Fr. Sebastian Antonio of Santa Cruz de la Canada is
also mentioned.
Relative to obtaining and retaining the friendship of the
Indian tribes.
1334 ROYAL DECREE. Cadiz, March 24, 1811, granting
to Spanish Americans and Indians perfect equality
in political rights with European Spaniards.
A copy. Chihuahua, October 21, 1811 ; ordered published
in all cities, towns, etc., of the provinces under his charge,
THE SPANISH ARCHIVES OF NEW MEXICO 393
and signed by the commandant-general, Don Nemecio
Salcedo. In the lower corner of the last page is found the
signature of Don Jose Maria Ponze de Leon, at that time
an officer of the ayuntamiento of Paso del Norte.
1335 PROCLAMATIONS (3) from the Regency to Span-
fiards, two of them specially directed to Spanish-
Americans, in relation to aiding in the prosecution
of the war then in progress against the Emperor Na-
poleon.
The first is dated Cadiz, January 31, 1812, and is signed
by Ignacio de la Pezuela, who refers to the war as being
for the preservation of the religion, honor, property, and
liberty of the Spanish nation. In describing Napoleon he
says: "Estaba reservado al moderno Atila sobrepujar
mucho al antiguo en enganos, en ferocidad,en una crueldad
calculada, y en el arte infernal de amaestrar en sud per-
fidias y en sus furores a sus Marescales, a sus Geberales y
a todos los demos satelites de su refinada tirania. El ha\
encendido la guerra en todo el contenente de Europa, el lo
ha devastado, lo had empobrecido, y lo quiere hacer volver
a la barbarie de los siglos obscuros para dexar asi estab-
licido su cetro de hierro."
The second, also from Cadiz, dated January 23, 1812,
and signed by Don Joachin de Mosquera y Figueroa, is
addressed to "Americanos," and concludes with an ap-
peal as follows:
"Lejos de vosotros, Americanos! tan funestro pre-
sagio. Renazcan las dulces ideas de fraternidad y de union
que han labrado nuestra comun felicidad durante tres-
cinetos anos. Unamos nuestros esfuerzos para sacudir el
y go ignominioso que pretenden imponemos nuestros in-
vasores y arrastremos impdvidos los obstdculos que puedan
presentdrsenos en la escabrosa senda en que nos vemos
empenados! escabrosa por cierto, pero que debe condu-
cirnos a la inmort alidad."
The third is signed by Ignacio de la Pezuela and is
dated Cadiz, January 31, 1812.
1336 LETTER; rough draft; no date; relative to educa-
tion of the Indians. No signature.
1337 DECREE of the Mexican Congress abolishing titles
of nobility, such as Conde, Marques, Caballero, and
394 THE SPANISH AECHIVES OF NEW MEXICO
"todos los de igual naturaleza, cualquiera que sea su
origen." Mexico, May 2, 1826.
(Signed) GUADALUPE VICTORIA
SEBASTIAN CAMANCHO
Published at Santa Fe, June 16, 1826, by the gover-
nor, Don Antonio Narbona.
1338 EOYAL DECBEE.
Appointment of Don Domingo de Cruzate as governor
and captain-general of New Mexico. Instructions for the
reestablishment of towns, location of Indians, etc. Grants
to the Pueblo tribes authorized. Dated 1684.
1339 PETITION relative to lands of the Pueblo of San
Ildefonso. September 18, 1704.
Petition by Captain Alfonso Rael de Aguilar, protector
of Indians, on behalf of those of the pueblo of San Ilde-
fonso, complaining that Captain Ignacio de Roybal had
acquired by grant all the lands on the other side (the
western side) of the Del Norte river opposite the pueblo
of San Ildefonso, in violation of the royal ordinances and
to the detriment of the Indians, to whom said lands had
belonged from ancient times and on which they had
squashes and melons planted at the time of making the
complaint. Captain Rael requests the governor to make
Roybal present his instrument of title for examination,
and to give to the Indians the four leagues of land to
which they were entitled, and compel Roybal to confine
himself to the lands which he had at the pueblo of Jacona
and at Santa Fe and other places.
This petition was presented to Acting Governor Juan
Paez Hurtado on September 18, 1704, and he immediately
ordered Roybal to produce his grant for examination.
This order was served on Roybal on the same day, and
the following day he appeared at Santa Fe with his grant,
a copy of which is attached to the proceedings.
This grant was made by the Marquis de la Nava de
Brazinas (Diego de Vargas) on March 4, 1704.
In the petition for the grant, Roybal had stated that he
wanted the lands ' ' f or a large and small stock and a horse
herd," which practically made it nothing more than a
request for a pasturage permit. He described the lands
as lying between the lands of the pueblo of Santa Clara
and the Caja del Rio (the Caja del Rio is the box canon
THE SPANISH AECHIVES OF NEW MEXICO 395
below San Ildefonso, sometimes called the Whiterock
Canyon), and the Rio Grande on the east, and the moun-
tain on the west.
The governor, in making the grant, called attention to
the fact that Mateo Trujillo had a grant extending from
the boundary of Santa Clara down to a place where he
(the governor) had halted with his camp; that from that
point Roybal's grant should extend toward the Caja del
Rio.
There was no act of possession following the grant.
On the same day on which he presented his grant for
examination, Roybal filed an answer to the petition of
Rael, in which answer he denies that his grant interferes
with the Indians. He says that he has never prevented
their pasturing their stock and horses on the land, but he
denies that they have ever cultivated any portion of it.
The acting governor, on September 19, 1704, ordered
Antonio de Aguilera Ysasi, in company with Captain
Cristobal de Arellano and two attending witnesses, to ex-
amine the land and see whether the Indians had ever had
on the other side of the river cultivated lands and an ir-
rigating ditch.
On September 22, 1704, Aguilera and others went to
the land in question and about three-fourths of a league
from the pueblo he found what was apparently a ditch
which came out of the river, and some land which ap-
peared to have been cultivated. The Indians stopped at
that point and told him that at that place, where some
evidences of a monument were discovered, the first Span-
iards had designated to them their boundary, before the
revolution of 1680.
Aguilera reported his examination to the acting gov-
ernor, and the latter, on September 25, 1704, ordered
Captain Cristobal de Arellano, chief alcalde of the dis-
trict, to measure one league in each direction (from the
pueblo?) and designate monuments for the Indians; that
the grant of Roybal should be understood to extend on-
ward from said monuments; that if the measurements to
be made by the alcalde should include any of the culti-
vated lands held by Matias Madrid, said measurements
should be understood as effective only from the pueblo as
far as Madrid's boundaries; and if the parties were not
satisfied with this decision they might appeal to the new
governor, who was soon to take charge, or they might ap-
peal to the viceroy.
On September 28, 1704, the governor of the pueblo of
396 THE SPANISH AECHIVES OF NEW MEXICO
San Ildefonso, Matias Cuntzi, and other officers of the
pueblo, presented a statement by their protector, Rael,
setting forth that they had occupied the lands in dispute
before the Spaniards abandoned the kingdom (in 1680),
as could be shown by the evidence of an old Spaniard
named Domingo Martin, who knew that Father Antonio
de Sotomayor, formerly minister of the pueblo, had
planted them; and that Father Felipe Rodriguez, another
minister of the pueblo, and Father Francisco de Sandoval
also had planted them, and during a time of great famine
had compelled the Indians to plant there in order to have
food for their subsistence; that they had determined to
plant the same lands in the coming year, when they dis-
covered that Roybal had received a grant covering the
lands.
They further stated that their old monument could be
found a little beyond a place where they had built a house
and a tower, and that evidences of their former ditch and
cultivated lands could still be seen, although they were
dim, as the lands had not been cultivated for ten years.
They ask that they be given the customary measurements
and that monuments be erected to mark their boundaries.
The acting governor made an indorsement on this state-
ment, to the effect that he had already taken the steps
necessary in the matter, and ordered it to be attached to
the other proceedings in the case.
On October 9, 1704, the alcalde, Cristobal de Arellano,
in compliance with the orders of September 25, went to
San Ildefonso to make the measurement of the league. He
notified Roybal of the governor's order in the premises in
order that Roybal might be present, but the latter declined
to come. Arellano then measured one league to the north,
half a league to the south, half a league to the west, and
another half league on the east. His reasons for not com-
pleting the full league in three of his measurements are
so badly expressed as to make his meaning very doubtful.
I am inclined to think that he meant to say that the meas-
urements in question included only the cultivable land,
and that the rest of it was of no value, except for fuel.
However, I am not perfectly certain what he meant. The
one thing that is perfectly clear is the distance measured
toward each of the cardinal points.
The document ends in this way, without any approval
of the measurements by the acting governor.
THE SPANISH AKCHIVES OF NEW MEXICO 397
1340 OKDEE, August 25, 1705, by Governor Francisco
Cuervo y Valdez.
I
Prohibiting all Spanish citizens from residing in Indian
pueblos, or even entering them without express permission
from the governor, and commanding any citizens who
were then living in the pueblos to leave them, and to re-
move therefrom all their property.
This order was made public at the pueblo of Taos on
August 28, 1705, by Felix Martinez, chief alcalde of that
district.
1341 TESTIMONIO of an Order of Don Ignacio Flores
Mogollon, Governor and Captain-General, giving di-
rections to General Antonio Valverde, El Paso, to lo-
cate the Sumas Indians, dated November 10, 1712.
This archive has a magnificent signature of Captain
Roque de Pintto, the secretary of government and war.
The Sumas Indians to be located in pueblos.
1342 OBDER, by the Viceroy of New Spain, October 22,
1704, directing bis compliance with a decree of the
King relative to the giving of lands to Indians, pre-
venting tbeir being compelled to work witbout com-
pensation, etc., said decree bearing date, October 15,
1713.
With this order is a copy of an opinion of the attorney-gen-
eral at Arispe, to the commandant-general, relating to cer-
tain modifications of the laws of the Indies in regard to
Spaniards and mixed bloods living in Indian pueblos ; said
copy being directed to Don Juan Bautista de Anza, then
governor of New Mexico.
The opinion was dated at Arispe, January 23, 1783,
and the copy made on the next day.
Accompanying the copy of the opinion is a letter of
transmittal from the commandant-general, De Croix, to
Governor Anza, dated January 24, 1783, advising him that
in the future he will be governed by the opinion of the
attorney-general.
The last paper in this archive is a copy of the foregoing
opinion, made by Governor Anza, to be circulated and
promulgated throughout the province, followed by a cer-
tificate of the alcalde of each district to the effect that he
had publicly proclaimed the same.
398 THE SPANISH AECHIVES OF NEW MEXICO
1343 STATEMENT by Alfonso Eael de Aguilar, at the
Pueblo of Santo Domingo, on June 8, 1722.
That he had been ordered by Governor Juan Domingo de
Bustamante to call together the Indians of Santo Do-
mingo and Cochiti for the purpose of investigating the
facts connected with a suit brought by the Santo Domingo
people against those of Cochiti in regard to certain lands
sold by Dona Juana Baca to the latter ; that with this end
in view, he summoned Miguel de San Juan, her son, who
stated that the lands which his mother had sold were on
the other side of the river (the Rio Grande), and were
not included in the lands in dispute, as would appear by
the deed of sale made by his mother in virtue of her grant
titles, which documents were in the possession of the Co-
chiti Indians; that he thereupon ordered the Indians to
produce the documents, which they did; that their in-
spection showed that on February 20, 1703, Pedro Rodri-
guez Cubero, the governor of New Mexico, made a grant
to Dona Juana Baca of a tract of land on the other side
of the Del Norte river between the two pueblos, and that
she had received the royal possession thereof quietly and
peaceably; that he then called upon the Indians to state
which were the lands about which they were disputing;
that they replied that they were on this side of the river
midway between to the two pueblos; that thereupon he
proceeded to measure one league from the cemetery of the
Santo Domingo church straight toward the pueblo of Co-
chiti, making a temporary mark at the termination of the
league ; that he then measured one league south from Co-
chiti, and between the termination of that measurement
and the one made northward from Santo Domingo there
was a distance of 1,600 varas ; that this space between the
extremities of the two leagues he divided equally between
Santo Domingo and Cochiti, the Indians being perfectly
satisfied with the arrangement, and certified copies of the
proceeding being given to both parties.
1344 CERTIFIED STATEMENT by Juan Paez Hurtado,
dated at Santa Cruz, on June 10, 1724.
That he had received a message from the governor of
New Mexico directing him to ascertain whether Mateo
Trujillo had ever settled on the tract of lands granted to
him in the year 1700 by General Cubero, on the other side
of the Del Norte river, between the pueblos of Santa
Clara and San Ildefonso ; that he had called together the
THE SPANISH ARCHIVES OF NEW MEXICO 399
principal Indians of "said Pueblo" (which pueblo?) and
had administered the oath to them; that they had stated
that on two Sundays Trujillo had erected a cross, and on
Wednesday of that week he had put up two forked poles,
which Paez had seen when he made the measurements in
order to give the Indians their league, as they had only
2,200 varas of land on which they were planting, the
land being theirs and they always having planted it, as
was shown by an irrigating ditch which was on the tract,
and they not having in any other direction any place they
could plant, there remaining for Trujillo, from the In-
dians' boundaries to the table-land, about three hundred
varas ; that the chief alcalde swore to the same thing that
the Indians did that Trujillo had never settled on the
land; that the Indians who swore to it were Juan, the
governor, Felipe Cherpe, and Juan the general, and that
the whole pueblo swore to the same, etc., etc.
1345 BALTAZAB ROMERO. Deed to Pueblo of Santa
Ana. The sale was annulled by Governor Cruzat y
Gongora, March 1, 1734.
The date of the sale by Romero does not appear, nor is
the land accurately described ; it is stated that it is a
tract of lands and a grove situate on the other side of the
river and that it belonged to Bernalillo, a very ancient
settlement of Spaniards ; that the sale was to the prejudice
of the settlement and contrary to the royal laws; that if
Romero wanted to sell the land he must sell it to Spaniards
and not to the Indians, or any community of Indians,
etc.
The notice of this annulment was served on the parties
to the sale by the chief alcalde of Bernalillo, on March
11, 1734.
1346 DIEGO GALLEGOS. Deed; Grant: uncertified
copy.
The grant was made by Governor Don Juan Domingo de
Bustamante on January 13, 1730, to Diego Gallegos, a
citizen of Bernalillo, for a piece of land opposite Santo
Domingo, on the other side of the river, the boundaries
of which were described in the petition as follows : * ' On
the north side by the old Pueblo of Cochiti, which is in
the mountain ; on the south a spring of water, which is in
the small Canada which comes down to the little house
called Cubero 's ; on the east by the road which comes down
400 THE SPANISH AECHIVES OF NEW MEXICO
from Jemez to San Felipe; on the west by the lands of
Santo Domingo."
Possession was given by the chief alcalde, Andres Mon-
toya, after having summoned the Santo Domingo and Co-
chiti Indians to be present and offer any objections they
might have and after they had stated that the grant was
not to their injury.
The deed was made by Maria Josefa Gutierres, widow
of Diego Gallegos, and by her children, to the Indians of
the pueblo of Santo Domingo, November 28, 1748, and
conveyed the same property that was granted to Diego
Gallegos by the Governor Bustamante on January 13,
1730.
1347 PUEBLO OF SANDIA. January 23, 1748.
This archive consists of five separate papers. The largest
of these is a certified copy of proceedings in connection
with the decision of the question whether future mission-
ary efforts among the Moquis should be carried on by the
Franciscans or the Jesuits. On the first page of leaf 8,
there begins a petition of Fr. Juan Miguel Menchero, who
asks for the tract of land on which is situate the aban-
doned mission of Sandia, in order that he might re-settle
it with the Moquis, who had come over from their country
in 1742 with his missionaries, and who were then living at
Jemez and other pueblos. This petition is followed by a
grant of land asked for made by the governor, Don
Joaquin Codallos y Rabal, on January 23, 1748.
Opinion of the auditor-general of war to the viceroy of
New Spain as to whether the missionary work among the
Moquis should be given to the Jesuits or to the Franciscans.
This archive is interesting as it refers to the Moquis having
participated in the revolution of 1680 and advising the re-
settlement of many abandoned pueblos in the valley of the
Rio Grande ; also contains a petition by Fr. Juan Miguel
Menchero, asking for the abandoned tract of the Sandia
mission for the purpose of establishing the Moquis who
came over in 1742 with his missionaries Delgado and Pino,
and who were then living at Jemez and other pueUos. The
archive contains five documents ; the one marked 1347-1 is
a call for a council of war to decide as to making war on
the Utes for having stolen the horse-herd of the Taos In-
dians. Date October 14, 1716.
1348 JUAN MONTES VIGIL: March 21, 1753.
This archive begins with a statement by Juan Montes y
THE SPANISH ARCHIVES OF NEW MEXICO 401
Vigil, chief alcalde of Santo Domingo, Coehiti, and San
Felipe, advising the governor of the province that the
Indians of San Felipe had arranged with the heirs of
Cristobal Baca to purchase a tract of land at Angostura
for 900 pesos, and suggesting that the matter be carried
through regularly and the Indians be protected against
imposition and fraud; that the governor should appoint
one or two honest and competent persons to appraise the
land in question.
This petition was presented to Governor Don Tomas
Velez Cachupin at Santa Fe, March 21, 1753, and he at
once issued his order covering the matter, appointing
Miguel Montoya of Atrisco and Geronimo Jaramillo of
Los Corrales as appraisers and directed the chief alcalde,
Miguel Lucero, to take the sworn statements of the ap-
praisers, separately, after they had examined the land.
The depositions of the appraisers show that they con-
sidered the lands were not worth more than 600 pesos,
and when this information was laid before the governor,
he immediately issued an order giving detailed directions
how the sale should be made and the money (600 pesos)
paid over by the Indians. The order also shows that the
governor was familiar with the customary methods of de-
frauding the Indians at that date, and did not intend
that they should be imposed upon. The document is full
of interesting details.
The result of the governor's action was that the owners
of the land sold it at the price fixed by the appraisers
and the Indians paid for it in cattle, sheep, bucksins,
and other articles of barter, there being little or no money
in the kingdom at that time.
The vendors executed a deed to the Indians, April 24,
1753, the deed being found on the last two leaves of the
manuscript. The lands are described: "And said lands
are at the place called the Angostura immediately con-
tiguous to the Pueblo and Mission of San Felipe and on
the other side they adjoin the ranch and lands of Cristo-
bal Martin, deceased."
1349 PUEBLO OF SANTA ANA; purchase of lands from
Quiteria Contreras, wife of Jose de Jesus Montano
widow of Cristobal Martinez Gallego, and from her
son, Mariano Martinez, et al.
The statement of the boundaries locates the tract east
402 THE SPANISH AECHIVES OF NEW MEXICO
of the Rio Grande and other recitals place the town of
Bernalillo west of the river at that date.
It appears from these proceedings that the Santa Ana
Indians appeared before the chief alcalde, Don Bernardo
de Miera y Pacheco, and informed him that they desired
to buy from Quiteria Contreras a tract of land ''which
is on the other side (of the river) from Bernalillo,"
and the prospective vendors also appeared and agreed to
sell.
The alcalde ordered each party to select a person to
act as an appraiser of the lands. The Indians selected the
militia ensign, Pablo Salazar, and the vendors selected
Juan Bautista Montafio, who were sworn by the alcalde.
The lands were measured and valued at 3,000 pesos, ac-
cording to prevailing prices. The sum was paid by the
Indians in bulls, cows, oxen, sheep, goats, horses, the
animals contributed by each Indian being set forth in a
list which forms a part of the proceedings.
The deed was made on July 7, 1763, and the property
sold is described as being "on the west side by the Rio
del Norte, on the east to the foot of the Sandia mountain,
on the north the half of the Angostura, where a cross is
placed adjoining the properties of the Pueblo of San
Felipe ; on the south by the three cottonwood trees which
are below the house where said deceased used to live, and
from the said cottonwood trees the straight line follows
from northeast to southwest to join and re-unite said
lands with those which said natives have purchased which
formerly belonged to Miranda, and from said cottonwood
trees in the direction of the south they reserve, without
selling, a piece of land which was sold to said deceased by
Josef a Baca, deceased," etc. The "said deceased" was
Cristobal Martinez Gallego, first husband of Quiteria Con-
treras.
The sale was approved by the governor. The Indians
were ordered to put up permanent monuments, which they
did.
This archive shows that in 1763 Bernalillo was on the
west side of the Rio Grande. Pp. 1, 2, 3, 8, and 9 ; q. v.
1350 DECREE. October 31, 1769. Location of the Sumas
Indians.
Don Pedro de la Fuente [rubric] ; Don Tomas Velez
Cachupin, Governor and Captain-General; Don Carlos
Fernandez; Don Joseph Maldonado.
THE SPANISH AECHIVES OF NEW MEXICO 403
The founding of a pueblo of Sumas Indians at San Lo-
renzo el Real.
1351 PUEBLO INDIANS. San Ildefonso; Santa Clara.
Lands.
Felipe Tafoya, as attorney for the Indians of San Ilde-
fonso, filed a protest with the governor of New Mexico
against the occupancy of certain lands belonging to the
Pueblo league by Spaniards who claimed to own them.
The Indians alleged that during the administration of
Governor Pedro Rodriguez Cubero their old people had
loaned a house lot to Mathias Madrid, in order that he
might erect thereon a house; that not only did he build
a house, but also began to cultivate lands notwithstand-
ing their protests ; that finally he offered to sell the lands
to them, but they refused to buy because the lands were
already theirs; that he then sold them to Juana Lujan,
whose heirs were still in possession, her son, Juan Gomez,
having built a house so close to the pueblo that his culti-
vated land adjoined the garden of the Indians next to the
pueblo ; that on the other side of the river and within the
pueblo boundaries Marcos Lucero, a citizen of Ojo Cal-
iente, also had built a house, under the pretext of being
an heir of Francisco Lujan, deceased ; that although it was
true that the latter had bought a piece of land of an In-
dian of San Ildefonso the people of the pueblo had made
complaint because of the damage done to their planting
lands by the cattle and horses of said Lujan and others,
and Governor Francisco Marin (Francisco Antonio Marin
del Valle) had ordered that the Indian should return
what he had received for the land, but the Indian not
being able to do so, an Indian from Tesuque named Fran-
cisco "El Coyote," put up the money by consent of the
pueblo, said Francisco being interested in the lands be-
cause he had married a daughter of the interpreter of the
pueblo ; that after said Marcos Lucero received the money
it had not been possible to get him to leave the place, and
he was still there to the inconvenience and damage of the
Indians; that also, west of the pueblo and within the
boundaries of the grant, some of the commons of the
pueblo had been granted to Pedro Sanchez, who also had
built a house, and although the Indians protested against
this grant at the time it was made, no attention was paid
to them, and they had suffered great injury because of the
stock belonging to Sanchez and that of other persons who
claim title under said ranch ; that in addition one Antonio
404 THE SPANISH AECHIVES OP NEW MEXICO
Mestas, a citizen of Chama and son-in-law of Sanchez,
proposed to establish a ranch on the other side of the
river, opposite the Caja del Rio, at the only place where
there is a practical descent from the Pajarito mesa, etc.
In view of all this the Indians asked relief from the
damage they suffered and that their league in three direc-
tions should be protected and given to them.
The governor, Cachupin, acted and commissioned, Feb-
ruary 4, 1763, Don Carlos Fernandez to examine the
grants or titles under which Matias Madrid had sold to
Juana Lujan ; to measure the distance from the church in
the pueblo to the ranch ; to measure also toward the ranch
of Marcos Lucero, ejecting the latter from the land for
which the price had been returned without permitting
him the slightest recourse; to examine the site of the
ranch of Pedro Sanchez as to whether it is on lands which
belong or ought to belong to the pueblo ; to notify Antonio
Mestas not to build a house or make a settlement at the
only point for a watering place on the Bio del Norte and
to report to the governor what he had done.
On February 17, 1763, Fernandez, chief alcalde of San-
ta Cruz at the time, made report that he had notified the
heirs of Juana Lujan and that they had exhibited to him
a grant given to Matias Madrid by Don Pedro Rodriguez
Cubero, the possession being given by Roque Madrid with
a decree by Don Juan Paez Hurtado; also a deed by
Matias Madrid to Juana Lujan, made before Captain Se-
bastian Martin, and re-validated by the inspector, Juan
Paez Hurtado; and also a certified copy of a decision
made by the same officer. The alcalde ordered the docu-
ments attached to the proceedings in the case. They are
found on leaves 5 to 9 of the archive in question.
On February 17, 1763, Fernandez measured the dis-
tance from the gate of the cemetery in the pueblo, which
gate faced the east, to the boundary of the land claimed
by the heirs of Juana Lujan, a distance of 2,200 varas
and continuing the measurement in the same direction
(east) to the boundary which said heirs recognized as
separating them from the lands of the heirs of Ygnacio
Roybal, there was a further distance of 1,650 varas. This
last boundary was an arroyo, the nearest one to the prin-
cipal house of Juana Lujan. From the measurements it
is evident that the lands claimed by the latter 's heirs were
within a distance of 3,850 varas from the gate on the
east side of the San Ildefonso cemetery.
On the 18th, Fernandez began at the north wall of the
THE SPANISH AECHIVES OF NEW MEXICO 405
church in San Yldefonzo and measured directly toward
the house of Marcos Lucero and at a distance of 4,372
varas he came to the boundary of the land claimed by said
' ' Lucero and other heirs of Francisco Gomez del Castillo. ' '
Thence continuing the measurement in the same direction
a distance of 628 varas he arrived at a point 5,000 varas,
or one Spanish league, from the point of beginning. This
distance took in the house and all the lands, except 61
varas, claimed by the heirs of Gomez del Castillo. These 61
varas reached the boundary of Juan Esteban Canjuebe, a
citizen of Santa Clara.
While this party who had been present at this measure-
ment were all together on the lands which had been pur-
chased by Marcos Lucero (they were purchased by Fran-
cisco Lujan) under whom Lucero claimed by right of in-
heritance (see the protest at the beginning of the pro-
ceedings) the verbal statement was made by the Indian
from Tesuque, Francisco (El Coyote) that from the time
he paid the money back to Marcos Lucero the latter had
not planted the lands, which as a matter of fact were be-
ing planted by Francisco, although Lucero was living in
the house which he had built, not on the lands purchased
but on those he had inherited.
Also, on February 18, 1763, Fernandez began at the
western wall of the cemetery of San Ildefonso and meas-
ured west therefrom a distance of 3,200 varas, at which
point he was north of the house of Pedro Sanchez. He
then continued the measurement west 1,800 varas further
to the end of the league of 5,000 varas belonging to the
pueblo.
In closing the proceedings for that day the alcalde uses
the following language : ' ' From measurements it results
that there remains to the natives of this said Pueblo all that
which the two extremities of the north and west measure-
ments comprise as far as the mountain, which might be
four leagues in length, for commons between the two di-
rections mentioned."
On February 20, 1763, the alcalde summoned before
him Antonio Mestas, whom the Indians had accused of
intending to establish a ranch on the other sidie of the
river at the only place where there was a practical descent
from the Pajarito mesa. The alcalde informed Mestas
of the order of the governor and Mestas said that he
would obey it; that neither then nor at any time had he
intended to settle the place.
Having complied with the orders of the governor the
406 THE SPANISH AECHIVES OF NEW MEXICO
alcalde returned the papers to him and the governor
sent them all to the Indians in order that they might}
make any statement they saw fit in support of their con-
tention.
Felipe Tafoya, as attorney for the Indians, made an-
swer for them stating that he had examined the grant
made to Matias Madrid by Governor Cubero and also the
deed made by Madrid to Juana Lujan and he did not ad-
mit the value of these documents ; that he called attention
to the decision (see leaf 9 of his archive) in favor of
Madrid y dated September 27, 1704, which clearly showed
the justice of his client's contention, for said decision
stated that the grant made by the Marquis of Naba Bra-
cinas to Ignacio Roybal was made to the injury of the
Indians ; that that being true with how much more reason
did the Indians claim that they were injured by the grant
made to Madrid, for the measurements made by the al-
calde, Madrid, showed that Fernandez' grant was further
within their boundaries than that made to Roybal.
The answer made by Tafoya and the other papers were
sent to Juan Gomez and Marcos Lucero, heirs of Juana
Lujan, on February 28, 1763, for reply thereto.
The reply was signed by Juan Gomez del Castillo. He
denies the statement made by Tafoya, in first presenting
the case, that the Indians had loaned the land to Matias
Madrid in order that he might build a house thereon. He
says that the grant which he had already exhibited proved
the contrary; that from the date of the grant to the date
of his reply it had been duly held and cultivated without
interference by those claiming under it, and he remarks:
"If ten years of possession in good faith give a right to
the possessor, how much more do sixty-odd years give it to
us. ' ' He makes quite an argument on the facts developed
in the case.
On November 3, 1763, the papers were again ordered
to be sent to the attorney for the Indians, Felipe Tafoya,
and he made another argument for the Indians.
Following this is an order of November 12, 1763, by
Governor Velez Cachupin, directing that the proceedings
be transmitted to the licentiate, Don Fernando de Tori j a
y Leri at Chihuahua, in order that he give a legal opinion
on the points involved.
The opinion requested is dated October 27, 1764, and,
after a brief review of conditions existing, amounts only
to a suggestion as to the best and most practicable man-
ner of settling the dispute in an equitable way and with-
THE SPANISH AECHIVES OF NEW MEXICO 407
out encouraging the same class of controversies in other
pueblos.
The licentiate says, in substance, that the best way to
settle the matter would be to give the Indians from the
unoccupied lands on the north and west, an amount suffi-
cient to make up what they are lacking to complete the
full amount to which they were entitled. He also ap-
proves the action of the governor relative to the house
which Antonio Mestas was accused of intending to erect
on the land of the Indians and suggested that monuments
should be erected and that the Spanish citizens be or-
dered to keep their stock outside of those boundaries un-
der the gravest penalties.
This opinion is followed by the decision of the govern-
or, dated April 12, 1765, which is in effect a grant of
lands west of the pueblo to the Indians thereof. He says :
' ' In view of the fact that on the west, directly toward the
mountain, there are lands free and unoccupied, there is
granted to the Indians of the Pueblo of San Ildefonso all
the extent necessary and of which they may be in need
for pasturing their large stock, of which they have an
abundance, and big herd of horses necessary to the
rendering of royal service, there being included in
their property the ranch that was called that of Pedro
Sanchez, now unoccupied, situate in the valley of the little
arroyo which they call Los Guages ; and as to what relates
to the north side, along the edges of the river, upward,
the house constructed by Marcos Lucero, a citizen tres-
passing on the boundaries of the cultivated land of said
Pueblo of San Ildefonso, may be destroyed, or the said
house may be remain for the benefit of the said Pueblo,
to serve as a boundary and stable and known landmark ; ' '
etc.
At San Ildefonso, on April 24, 1765, the substitute
chief alcalde, Antonio Jose Ortiz, in compliance with the
order of the governor called together the people of the
pueblo, their attorney, and all the heirs of Juana Lujan
and announced to them the decision of the governor.
Thereupon the Indians stated they were in conformity
with the decision as to the eastern and western sides, but
not as to the northern, because the house of Marcos
Lucero, which was designated to them as a boundary, was
in the midst of the lands which they had always recog-
nized as theirs, for the boundary which they had always
recognized had been an arroyo which had been pointed
out to them by Governor Juan Paez Hurtado; that if
408 THE SPANISH ARCHIVES OF NEW MEXICO
their landmark should be fixed at that arroyo, they would
be satisfied. The heirs of Juana Lujan and Francisco
Lujan stated that with regard to the boundary with which
the Indians were satisfied they still desired to make fur-
ther representations, and the heirs of Pedro Sanchez made
the same statement.
The next paper in the proceedings is a statement by
Felipe Tafoya, on behalf of the Indians, that if they
should be given the arroyo designated by General Juan
Paez Hurtado, for their boundary on the north they
would be satisfied with the decision as to the eastern and
western boundaries. He further stated that the Indians
said that the monument erected by order of Juan Paez
Hurtado had been taken away, but at the foot of the
monument they had buried in the ground some stones, in
the form of a cross, and that those possibly might still be
found, but even if they could not be found the Indians
knew the place where they had been buried to mark the
boundary.
On June 10, 1756 (1765) Governor Yelez Cachupin or-
dered the Indians to exhibit some documentary evidence
of the measurements which they claimed had been made
by Governor Paez Hurtado, and also he directed the substi-
tute chief alcalde, Don Antonio Jose Ortiz, to make an ex-
amination as to whether the stones placed in the form of
a cross could be found.
On July 21, 1765, the substitute chief alcalde proceeded
with the examination ordered, having first asked the In-
dians to exhibit the instrument that was given to them
at the time the boundary was established and to state the
names of the witnesses who were present on that occa-
sion. To this request the Indians responded by present-
ing a document which forms leaves 21 and 22 of the manu-
script, the purport of which will be referred to later. The
substitute chief alcalde, accompanied by the Indians, the
heirs of Francisco Gomez del Castillo, and by Domingo
Vigil, who had been summoned as a witness at the request
of the Indians, and who had taken part in the proceedings
described in the document just presented by the Indians,
went to the place where the latter said stones had been
buried in the ground. Some of the stones were visible,
and when the others were uncovered it was seen that they
had been buried in the form of a cross, as the Indians had
stated. Domingo Vigil then said to the Indians that the
boundary which he had pointed out to them was not
there, to which the Indians replied that it was the same
THE SPANISH AECHIVES OF NEW MEXICO 409
one which they had established by command of General
Paez Hurtado. When the Indians were asked if he had giv-
en them a document they said that they did not know for
they were mere boys at that time, but they were certain it
was the boundary which was designated by him.
This man, Domingo Vigil, whom the Indians had sum-
moned as a witness, and who, when confronted with the
stones set in the ground in the form of a cross, denied
that such was the place he had designated, was the chief
alcalde (formerly) of Santa Cruz, and while filling that
office, had acted officially in a matter which was set forth
in a document signed by him and dated April 2, 1731,
which document had been presented to the alcalde, An-
tonio Jose Ortiz, July 21, 1765, by the Indians and which,
as before stated, forms a part of archive 1351, being
found on leaves 21 and 22 thereof.
It is shown in this document that the Indians of San
Ildefonso made some sort of a complaint to Governor
Bustamante about a grant made to Mateo Trujillo between
their pueblo and the pueblo of Santa Clara ; that the gov-
ernor sent for Domingo Vigil, then alcalde of Santa Cruz,
ordering an investigation of the boundaries and to see
that the Indians were paid for the work they had done in
taking out the irrigation ditch; that when the alcalde
went to examine into the matter the Indians of Santa Clara
showed him a decree by Governor Paez Hurtado, June 9,
1724, in regard to a complaint they had made about this
same grant to Mateo Trujillo, by which it appeared that the
governor (Juan Paez Hurtado) had measured a league
south from the pueblo of Santa Clara, said Trujillo being
present, and had fixed as the northern boundary of his land
the lands of the pueblo of Santa Clara, and as his southern
boundary the slope of the San Ildefonso mesa.
Vigil states that in conformity with the decree of Gov-
ernor Paez he designated as a boundary on the north the
slope of the mesa which served as a southern boundary
of the lands of Mateo Trujillo ; that he commanded monu-
ments to be placed on the boundary, and they were placed ;
that the Indians agreed not to demand anything for the
work they had done on the irrigation ditch, provided the
lands should remain in the hands of Baltazar Trujillo or
Antonio Tafoya, and in case they wanted to sell them
they would sell to the Indians; and with the further un-
derstanding that in the meantime the Indians should
not be compelled to clean the ditch, all of which was
agreed to by Trujillo and Tafoya.
410 THE SPANISH AECHIVES OF NEW MEXICO
Following the foregoing, which is signed by Domingo
Vigil and two witnesses, is an approval of the agreement
between the Indians and the Spaniards, signed by Governor
Don Gervasio Cruzat y Gongora on July 6, 1732.
This is followed by another action of the same gover-
nor, April 7, 1736, showing that he had changed his mind
about the matter ; that he had come to the conclusion that
the agreement was prejudicial to the interests of the Span-
iards, because the Indians had not exhibited any grant
for their lands and consequently the lawful boundaries
thereof were not known with certainty; but he told both
parties to respect the boundaries which had been estab-
lished.
This concludes the document presented to the alcalde,
Antonio Jose Ortiz, on July 21, 1765, by the Indians of
San Ildefonso.
The examination having been completed by Ortiz, he
returned his report with the papers, and the governor,
February 6, 1766, referred them to the attorney for the
Indians, Don Felipe Tafoya.
Argument was now made by Tafoya in favor of the
Indians, whereupon, May 5, 1766, the governor rendered
a second decision. This is recorded in the records of the
county of Santa Fe, but it appears that a portion of it
is missing, but the most important features are recorded.
The governor decided that the land belonged to the In-
dians of San Ildefonso as far as the boundary established
by Governor Paez Hurtado, where the stones in the form
of a cross were found buried; that if the owners of the
ranch, including the lands of Mateo Trujillo, should wish
to sell it at any time, they must give the Indians the
preference in the event they wanted to purchase; that
any sale which might have been made to any person other
than the Indians was null and void.
Furthermore, the governor ordered the alcalde, Antonio
Jose Ortiz, to place the Indians in possession of the bound-
ary and to give them to understand that they could use,
hold, and enjoy the lands which had been usurped by the
Spaniards up to that point, which was to be marked by a
firm and permanent monument.
The next document is a petition by Ursula Guillen to
Governor Velez Cachupin, in which she alleges that she
had a ranch between the pueblos of San Ildefonso and
Santa Clara, which was bought by her deceased husband,
Francisco del Castillo, from Don Joseph de Orcasitas ; that
she had lived on said ranch in quiet and peaceful possession
THE SPANISH ARCHIVES OF NEW MEXICO 411
for twenty-six years; that she still holds possession in
spite of the fact that the Ute Indians had attacked the
ranch, killed two of her sons, and driven off her stock ; that
on the 20th of that month (apparently May, 1766) the
Indians of San Ildefonso had gone to her ranch while she
was engaged in planting, and had told her that Felipe
Tafoya had sent them an order that the lands of the ranch
should be partitioned among them by their governor ; that
in view of the fact that they exhibited no order from
Governor Velez, and the notification was not brought by
any Spanish official, she had not permitted them to make
a partition of the lands until she could lay the matter
before the Spanish governor. She calls attention to the
fact that during a very long period the Indians had failed
to make any claim to the ranch when it had been sold and
had passed from the possession of one owner to another
and that at the time that her husband had been placed in
possession of it, the Indians had been summoned to ap-
pear and that the boundaries had been designated by
Domingo Vigil. In conclusion she states that in order
that the governor may understand the matter she trans-
mits with her petition four documents. These do not
form a part of this archive, and a subsequent statement
by Governor Velez shows that he ordered that they be
returned to her.
This petition was examined by Governor Velez on May
24, 1766, and he ordered that it and the four instruments
accompanying it be transmitted to Felipe Tafoya, that,
as attorney for the Indians, he might reply to the same.
This he did immediately, calling the attention of the
governor to the fact that the recitals in the instruments
referred to were not of a character to make clear the num-
ber of varas contained in the ranch, some of them con-
taining no mention even of the boundaries, or referring to
the original grant as giving that information, although
the said grant was not attached to the proceedings and
consequently was not available for the purposes of the
case.
In regard to one of the instruments, which he says did
mention the boundaries, as being on the north the lands
of the pueblo of Santa Clara andj on the south the lands
of his clients, the people of San Ildefonso, he says that
this simply leaves open the question as to the exact loca-
tion of those boundaries and that nothing has been pre-
sented in the case which militates against the proof al-
ready adduced by the Indians in regard to their boundary
412 THE SPANISH AECHIVES OF NEW MEXICO
being at the point where the stones were buried in the
ground in the form of a cross.
In conclusion he asks that the governor's previous de-
cision be carried into effect, and that after the landmark
shall be established at the proper point, the number of
varas from there to the house of Ursula Guillen be meas-
ured, as well as the distance from the house to the boun-
dary of the pueblo of Santa Clara.
On May 24, 1766, Governor Velez reviewed the case and
ordered that his previous decision be carried into effect,
commanding the deputy alcalde and the attorney for the
Indians to proceed at once to place the Indians in pos-
session of their ancient boundary, and to measure from
there to the ranch house and from the latter to the bound-
ary claimed by the Santa Clara Indians, and to set forth
the whole matter in a proper document in order that the
claimants of the ranch might not thereafter trespass upon
the lands of the Indians.
On May 26, 1766, the substitute chief alcalde, Don An-
tonio Jose Ortiz, with Felipe Tafoya, attorney for the In-
dians, in the presence of the parties interested, and the
principal Indians of the pueblos of San Ildefonso and
Santa Clara, proceeded to comply with the order of the
governor.
At the point where the stones had been buried in the
ground in the form of a cross, a landmark of stones and
mud was erected and from said landmark a distance of
200 varas was measured in a northerly direction to the
corner of the house, and from said corner the measure-
ment was continued toward the north a further distance
of 126 varas to the boundary of the pueblo of Santa Clara,
making the total distance between the boundaries of the
two pueblos 326 varas.
On June 23, 1766, Governor Velez ordered that the
preceding instrument be attached to the other papers in
the case and that a certified copy of his decisions of April
12, 1765, and May 5, 1766, and also of his last decree of
May 24, 1766, be given to the Indians, as well as the pro-
ceeding immediately following that decree and the one
in which the order is given. He further ordered that the
original proceeding should be deposited in the government
archives.
THE SPANISH AECHIVES OF NEW MEXICO 413
J2 EL CAPULIN. Proceedings as to occupation of by
Miguel Komero and his brother, Domingo Romero.
Santa Fe, April 11, 1765.
This manuscript contains first a communication from
Bartolome Fernandez, chief alcalde of the Queres Pueblos,
to the governor and captain-general of New Mexico, call-
ing his attention to the fact that certain citizens, named
Romero, were settling a place called El Capulin, near
the pueblo of Cochiti; that the said place was the sum-
mer pasture grounds of the Cochiti Indians and other
people; that as long as Fernandez had lived in the king-
dom the place had never been settled and he had no knowl-
edge of any grant to cover the place in question.
On April 11, 1765, Governor Velez commissioned Fer-
nandez to visit the place in question and eject the persons
who were settling there.
Two days later Fernandez made report that he had in-
formed Miguel Romero of the order and had stated that he
would obey but he had certain statements which he would
make to that officer in regard to the matter. The report is
followed by a statement from Miguel Romero wherein he
says that he had had the place for five years and six
months and had not been interfered with until that year,
when it became known that he had bought those inter-
ests in the property that did not belong to him, which
had been paid for by him and his brother, Domingo
Romero. He states that he presents to the governor in
support of his claim a grant and a will left by his grand-
father, Andres Montoya, and adds that the persons who
are opposing his occupancy of the land had an opportunity
to purchase the interests which he had acquired, but they
waited until he had bought them and then took advantage
of the occasion to give him trouble.
The grant referred to in Romero's statement is found
on leaves 5 and 6 of the manuscript, and the will, which
is a certified copy, made June 18, 1740, is found on pages
7, 8, and 9.
The grant, which was made August 18, 1739, by Gov-
ernor Gaspar Domingo de Mendoza, does not describe the
boundaries of the land, but the applicant, Andres Mon-
toya, stated in his petition that the tract was half way
beween the gardens of Cochiti and those of San Ildefonso,
on the other side (western) of the Rio del Norte. In
describing the boundaries he used the following language :
' ' Said tract is bounded on the north side by said gardens
414 THE SPANISH AECHIVES OF NEW MEXICO
of San Ildefonso, and on the south by those of Cochiti,
being distant from each of the two mentioned places of
the gardens more than a league; and also it is bounded
on the east by the Rio del Norte and on the west by the
Cochiti mountains."
The act of possession, October 7, 1739, signed by Cap-
tain Antonio Montoya, chief alcalde of Santa Fe, has this
to say about the boundaries: "And I gave it (the pos-
session) to him with the same boundaries which he desig-
nates in his petition, as also his boundaries run on the
east the Rio del Norte, on the west by the high mountain
which runs from Cochiti, on the north one league farther
down from the last trees of the Indians of San Ildefonso,
and on the south one league farther up from the gardens
of the Indians of Cochiti."
In the margin, on the act of possession, is a note signed
by Governor Mendoza, showing that the grant had been
entered on the proper book in the archives.
The will, heretofore referred to, was dated June 17,
1740, one day prior to the making of the certified copy,
and in it the land in question is referred to on the third
page of the instrument. The testator, in describing two
tracts of land which he owned, refers to the second one in
these words: "And the other on the other side of the
river Del Norte, which I have not put under cultivation
because of my illness, which is between the gardens of the
Pueblo of San Ildefonso and Cochiti, the boundaries of
said tract being distant from each garden half a league."
Miguel Romero's statement transmitting this grant to
the governor and the will, is followed by an order of Gov-
ernor Velez, April 18, 1765, directing that his previous
order be carried into effect and that the parties be again
notified that under no circumstances should they have a
house or cultivated land on said tract. However, they
were permitted to run their stock on it, as did other cit-
izens, but this was to be done without injury to the Co-
chiti and San Ildefonso Indians. The chief alcalde of
Santa Fe, Don Francisco Guerrero, was directed to carry
this order into effect; and the governor further directed
that the grant and certified copy of the will filed in the
case by Miguel Romero be attached to the other papers
and be transmitted to the people of Cochiti and San Ilde-
fonso, to the owners of lands adjoining the Capulin Tract,
and to the officers of the cavalry company at Santa Fe, in
order that they might state anything favorable to their
interests.
THE SPANISH AECHIVES OF NEW MEXICO 415
On the day this order was issued (April 18, 1765,) the
alcalde of Santa Fe, Don Francisco Guerrero, notified the
Romeros of the contents of the order and they stated that
they would obey, but also that they had certain matters
in their defense which they desired to lay before the gov-
ernor.
The next proceeding, in chronological sequence, is an
argument by Bartolome Fernandez, on behalf of the In-
dians, criticising the grant filed by the Romeros and
showing its defects, as well as those of the will filed, and
the inconsistencies existing between recitals in the latter
and others in the act of possession, with regard to the
boundaries. This argument is on leaf 10 of the manu-
script, and is followed by a note, signed by Fernandez,
transmitting the papers to the alcalde of La Canada
(Villa Nueva de la Canada de Santa Cruz) for the latter 's
compliance with the governor's order of April 18, 1765.
The entries by Fernandez are not dated.
On July 7, 1765, Don Manuel Garcia, the alcalde of La
Canada, reported that he had called together the San II-
defonso Indians and the citizens and informed them of
the order of the governor, to which they assented, saying
nothing whatever.
On October 1, 1766, Lieutenant Tomas Madrid and En-
sign Francisco de Esquibel, of the royal garrison of Santa
Fe, reported that they had examined the grant and the
boundaries therein stated, and had found out that said
boundaries did not include the commons used for the
horse-herd of the garrison.
Subsequently, Miguel Romero presented a petition to
the governor, asking that the proceedings in the case and
the instruments which he had presented be delivered to
him so that he might present his side of the controversy.
On April 22, 1767, Governor Pedro Fermin de Men-
dinueta ordered his petition to be attached to the pro-
ceedings and delivered to Romero as requested.
Romero then made a statement of his case, alleging
their occupancy of the land was not prejudicial to the
Indians of Cochiti, because it was more than S 1 /^ leagues
distant from their pueblo and that in the space between
the two places, were situated more than 40 Spanish fam-
ilies. He says that these families do not in any way
damage the Indians, and asks why it should be thought
that he and his brother would injure them, etc. He says
that so far as San Ildefonso is concerned, no damages
result to that pueblo, which is distant about 8^/2 leagues.
416 THE SPANISH AECHIVES OF NEW MEXICO
He urges that if the documents he had himself presented
as evidencing his right to the place be considered as hav-
ing no value, his having kept his stock there for five and
one-half years is favorable to his contention, and he al-
leges great damages on account of having been prevented
making a settlement at the place in question.
On April 25th, Governor Mendinueta finally decided the
case, saying in substance that having examined the pro-
ceedings and in view of the nullity of the grant appearing
on leaves 5 and 6 thereof, and the convincing arguments
of the alcalde, Bartolome Fernandez, on leaf 10, which
clearly showed that the possession given to Andres Mon-
toya was lacking in the necessary requisite of the sum-
moning of the owners of the adjacent lands, and also be-
cause of no settlement having been made within the period
prescribed by law, the grant having been made in 1739,
and the attempted settlement made by Miguel Romero in
1765, and for other reasons proper to consider, declared
the grant to be of no value and that neither Andres Mon-
toya nor his heirs had acquired any right to the Capulin
Tract. He further decided that the fact that Romero had
pastured his stock on the tract gave him no right of prop-
erty therein, because it had been done without just title
(justo titulo) ; that he might use it in the same way that
it had been used by the natives of Cochiti and the ad-
joining citizens as royal domain ; that neither Miguel
Romero nor anyone else should make settlement on or
have the ownership of the tract; that it should be held
and considered to be royal domain for the common use
of anyone who desired to pasture stock, without exclud-
ing Romero, who had been permitted so to do by Gov-
ernor Tomas Velez Cachupin by his decree of April 18,
1765.
In conclusion he ordered that Miguel Romero be noti-
fied of the decision and warned that he must not again
present petitions in bad faith, and advised that no ap-
peal would be allowed.
1353 PUEBLOS OF SANTO DOMINGO AND SAN
FELIPE.
Grant. Papers transferred to packet containing all pu-
eblo claims.
1354 PKOCEEDING IN A DISPUTE between the In-
dians of Santa Clara and San Ildefonso and certain
Facsimile of Signature of Captain Don Carlos Fernandez.
Facsimile of Signature of Colonel Don Pedro de Villasur.
Facsimile of Signature of Captain Don Man-
uel Delgado.
Facsimile of Signature of Don Domingo de
Labadia.
THE SPANISH AECHIVES OF NEW MEXICO 417
Spanish citizens relative to a ranch claimed by the
Spaniards lying between the two Pueblos.
The Indians of Santa Clara and San Ildefonso presented
a petition to the governor of New Mexico, complaining
that many years before some Spaniards had established
a ranch between the two pueblos on the western side of
the Rio del Norte; and had trespassed upon their lands;
that complaint had been made to the governor's prede-
cessors, but without avail ; that the pueblo of Santa Clara
had never had its league measured; that Fr. Sebastian
Anton, then deceased, a former minister of that mission,
having found in the possession of Juan Pubijua, a Santa
Clara Indian, an old document which cleared up the whole
matter, and the contents of which were entirely favorable
to the Indians, delivered the same to them ; that they sent
it to the governor, who, after having examined it, returned
it to them, and they gave it back to Juan Pubijua, who
was living away from the pueblo as a Spanish citizen;
that, having then learned that when the governor returned
the paper to them he said to the persons who brought it
back that if the Indians had any right or request to make
they should make it in a formal manner, they invited his
attention to it in order that he should compel the return
of the paper to them, and in case the paper should not
be found, they asked that the league be measured south
from the pueblo of Santa Clara, and another league be
measured north from the pueblo of San Ildefonso for the
purpose of ascertaining whether in the intervening space
there was room for a Spanish ranch. In conclusion they
asked the governor to decide the matter as he believed to
be just and also to approve their selection of Carlos Fer-
nandez as their attorney in the case.
This petition was presented to Governor Juan Bautista
de Anza, at Santa Fe, May 6, 1786, and the selection of
Fernandez was approved and directed the alcalde of La
Canada, Don Jose Campo Redondo, in company with
Fernandez and in the presence of the governors and prin-
cipales of the two pueblos, and the occupants of the ranch
in question, to proceed to measure with a waxed cord,
one hundred varas in length, one league south from the
cross in the old cemetery at Santa Clara; and the same
distance north from a like point in the one at San Ilde-
fonso, placing at the termination of the two lines perma-
nent landmarks, which, for the lack of stone and mortar,
were to consist of inclosures of cedar stakes driven into
418 THE SPANISH AECHIVES OF NEW MEXICO
the ground, two varas in circumference, and filled in with
four or five cart-loads of stone, so that they could not
easily be removed.
In case any land remained between the two landmarks
it was to be measured, and the number of varas it con-
tained was to be stated in the report of the alcalde.
On May 10, 1786, the alcalde proceeded to comply with
the governor's orders, but states that because he could
not find any wax with which to wax the cord he had to
moisten it. He says that the distance of 5,000 varas (one
league) measured south from the cross of the cemetery of
the old church in Santa Clara, included the residence of
the citizens who claimed the ranch and that the same dis-
tance measured north from San Ildefonso overlapped the
first measurement 39% varas, so that each of the two
leagues was 19 varas and 1% quarters short. [His calcu-
lation is erroneous.]
After the alcalde's report had been returned to the
governor, the latter, May 13, 1786, sent it to Carlos Fer-
nandez that he might make any statements which he
deemed in the interest of his clients. Fernandez made an
argument in favor of the Indians, stating that in view of
the fact that the two leagues over-lapped, it was incredible
that any predecessor of the governor had made a grant
to any citizen of the lands belonging to the two pueblos,
unless the same had been based upon a deceptive and
fraudulent report; that any sales which had been made
did not avail anything, because, if the first vendor had no
right, neither had his successors, etc., etc. He goes into
the question of the character and extent of the lands
owned by the Santa Clara people and other matters, all
of which, in view of the final decision of the case, do not
appear to be of sufficient importance to be set forth. In
conclusion he prays the governor to eject the citizens
from the lands and to declare the lands the property of
the two pueblos.
This argument was transmitted by the governor, May
16, 1786, to the occupants of the ranch, who made answer,
among other things alleging that the lines had not been
correctly measured; that the cord had not been waxed
and that it was old and patched up with a leather strap ;
that it broke on two occasions because of being drawn too
tight; that the measurement made toward the north from
San Ildefonso was not made from the cross in the cem-
etery, but along the lower side of the wall of the garden
of that pueblo ; that their statements could be proved by
THE SPANISH AECHIVES OF NEW MEXICO 419
witnesses, who did the measuring. They also referred to
proceedings had in the time of Governor Velez, when Car-
los Fernandez, then chief alcalde, made what they refer
to as the first measurement (see archive 1351). They
further stated that subsequently Don Felipe Tafoya, who
was acting as attorney for the Indians of San Ildefonso,
came to hunt up the old boundary and found the one
which the Indians said had been established by order of
Governor Juan Paez; that at that time the Indians had
been asked to produce any documents they had, and they
answered that they had none, but were bound by that
anciently established landmark; that the said landmark
as then established left the ranch in question 326 varas.
(This statement is confirmed by the proceedings of May
26, 1766, by the substitute alcalde, Don Antonio Jose Or-
tiz.) (See archive 1351.)
There are other matters touched upon by the statement
of the occupants of the ranch, but they are of small con-
sequence and not worth setting out here.
On May 19, 1786, Governor Anza, after having consid-
ered the allegations and recitals contained in the docu-
ments, but which are not attached to this archive, ordered
the lines re-measured by the same alcalde, Don Jose
Campo Bedondo, who had measured them on the 10th of
the same month; in this second measurement he ordered
that a waxed cord be used. He also directed that the
space occupied by the houses in San Ildefonso which inter-
fered with running a line straight north from the beginning
point in that pueblo, should be carefully measured and
included in the distance to be measured toward Santa
Clara.
On May 22, 1786, the alcalde, Campo Bedondo, meas-
ured, with a waxed cord, from the beginning point in the
pueblo of Santa Clara in a southerly direction toward
San Ildefonso, and at the end of 50 cords, equal to 5,000
varas or one league, discovered that the measurement was
118 varas short of the previous measurement, made May
10th. In order to decide whether this difference was the
result of a mistake in the last measurement, he measured
from the point he had just reached back to the cross in
the cemetery at Santa Clara, and found the distance to be
50 cords of 100 varas each.
On the following day he went to San Ildefonso to
measure the league north from that pueblo. He stated
that being at the point of beginning, it was not possible
to measure a line straight north without cutting a hole
420 THE SPANISH ARCHIVES OF NEW MEXICO
through the wall of the church ; that he laid out an offset
line in order to avoid the church and other rooms of the
convent, and thus measured 50 cords toward the north,
and at the end of that distance was 118 varas short of the
measurement previously made; that, therefore, between
the ends of the two lines measured respectively from
Santa Clara and San Ildefonso, there was a space of 236
varas; that at the ends of the two lines just mentioned,
two stakes were driven into the ground as temporary
marks.
The report of the second measurement was transmitted
to the governor, who, May 26, 1786, transmitted it and the
four documents, filed by the ranch claimants, to the at-
torney for the Indians.
The latter made a very long argument for the Indians,
with the conclusion that under the royal laws of Spain
they were entitled to the lands in dispute, and praying
for a decision by the executive to that effect.
On May 30, 1786, the governor sent all of the proceed-
ings to the claimants of the ranch and they made another
statement in regard to the matter, alleging that they had
been injured in the second measurement by the cord be-
ing three-fourths of a vara too long, it having been made
so by the attorney for the Indians, who took it away from
the men who were doing the measuring and lengthened it ;
that when Miguel Quintana protested against this to the
alcalde, the latter refused to allow him to make any state-
ment about it ; that this could be proven by Quintana and
the witnesses from whom the cord was taken in order to
be altered in length, etc.
On June 3, 1786, the governor sent the papers to the
alcalde, Jose Campo Redondo, telling him to report in re-
gard to the alleged treatment of Quintana, and to return
the papers with the witnesses referred to by the com-
plainants.
The alcalde complied with this order June 6th, saying
that the allegation in regard to the measurement of the
cord was false, and that he had not failed to treat both
Quintana and all the other parties with justice. In con-
clusion he stated that he was sending it to the governor
with the witnesses requested.
On June 8th, the governor ordered Second Lieutenant
Jose Maldonado to take the depositions of the two wit-
nesses, Juan Ignacio Mestas and Cristobal Maese. This
was done at once and the depositions taken fail to support
THE SPANISH AKCHIVES OF NEW MEXICO 421
the statements made by the occupants of the ranch, but
corroborated each other and that of the alcalde.
On June 10, 1786, Governor Anza decided the case, re-
viewing the important features. His decision was that
the two pueblos were the owners of the lands included
within the leagues measured to them by the alcalde, Jose
Campo Redondo, on May 23, 1786, which was the date of
the second measurement; that they were immediately to
proceed to erect landmarks at the proper points, in com-
pliance with his first decree ; that Marcos Lucero and the
other occupants of the lands in dispute between the two
pueblos, were to be limited, until some other decision of
the case, to the 236 varas that had been shortly before
.measured ; that if they desired to sell the land they must
sell it to the Indians of San Ildefonso if they wished to
purchase ; but they must not keep on the land more than
four milch cows and the oxen necessary for tilling during
the season for cultivation; that if they violated this or-
der or moved the Indians' landmarks they would be sub-
ject to a fine of 100 pesos; that the chief alcalde, Jose
Campo Redondo, in company with the attorney for the
Indians, was to place all the parties in possession of the
lands respectively belonging to each; and that the Span-
iards were to pay all the costs of the proceedings and the
survey.
On June 19, 1786, the alcalde proceeded to carry into
effect the governor's order, Carlos Fernandez not being
able to be present because of illness and his place being
taken by Don Juan Ignacio Mestas.
At the points where the temporary marks had been set
up, the alcalde set into the ground heavy cedar posts in
the form of a square, two varas in length, and filled these
with about three cart-loads of stone in each; also at the
request of the Indians they were permitted to build a
wall of stone and mud about a vara in height as a bound-
ary line for the Spanish ranch, and the space occupied by
the monuments was on the land of the Indians. The
manuscript concludes with an entry by the alcalde sending
the proceedings to the governor.
1355 LETTER from Felipe Sandoval, dated August 28,
1812, to Lieutenant-Colonel Joseph Manrique, then
Acting Governor of New Mexico.
Sandoval states that the governor of the pueblo of Jemez,
and his lieutenant-governor, had appeared before him in
422 THE SPANISH ARCHIVES OF NEW MEXICO
the name of the pueblo and had complained that while
Don Antonio Armenta was the alcalde of that district he
had purchased a corn-field from an Indian of the pueblo,
named Cumpa; that this had been done without the
knowledge of the people of the pueblo, and that they did
not approve of it, but were willing to give an equivalent
and have it remain for the benefit of the pueblo ; that they
wanted Armenta to be compelled to compensate them for
all the pieces of land he had sold to various persons, be-
cause the lands belonged to the league which they held by
grant, which league they wanted to have measured and
marked by monuments; that they considered that they
had been injured to the extent of a very considerable part
of their land.
Sandoval requests the governor to give him orders as to
steps he should take to undo the wrong which had been
inflicted on the Indians, whose claim he considered just.
There is a marginal note, September 1, 1812, signed by
the governor, directing that the communication be trans-
mitted to the lawyer, Don Rafael Bracho, in order that
he give his opinion, and sending to him also a document
( deed ? ) in favor of the defendant, Don Antonio Armenta.
There are no further proceedings.
1356 PROCEEDINGS in a dispute between the Indians
of Santa Ana and those of San Felipe in regard to
certain lands claimed by both Pueblos.
The manuscript begins with a petition by Eusebio Mairo,
the governor of the pueblo of Santa Ana, to the protector
of the Indians, Don Felipe Sandoval, asking him to secure
for them the decision of a dispute between them and the
Indians of San Felipe, relative to certain lands which they
alleged they owned by purchase, but which the San Felipe
Indians have taken from them and sold to different per-
sons. They say that they complained about this matter
five years before, to the governor, but had received no
decision ; that, in the meantime the San Felipe people not
only had been selling the lands, but had been destroying
the timber ; that they had protested to the San Felipe peo-
ple against the cutting of the timber until it should be
decided to whom it belonged, but no attention had been
paid to their protests ; if there should be much more delay
in the matter all of the timber would be destroyed before
a decision could be had.
This petition, dated May 5, 1813, was transmitted by
THE SPANISH AECHIVES OF NEW MEXICO 423
Sandoval to the acting governor, Don Joseph Manrique, on
May 10, 1813, and on the same day he directed Don Jose
Pino, one of the alcaldes of Alburquerque, to investigate
and settle the dispute, summoning for that purpose the
alcaldes of Alameda and Jemez, and requiring the Indians
of both pueblos to present such documents as they had in
support of their claims respectively.
In a proceeding, dated May 13, 1813, Pino, after copy-
ing a letter of transmittal which he had received from
Governor Manrique, states that he had notified the alcaldes
and the representatives of the pueblos to assemble in the
neighborhood of the disputed lands on the day mentioned,
on the west side of the Rio del Norte; they did so and
showed him their documents.
He says that the document of Santa Ana described its
boundaries as follows: "That on the north side it is
bounded as far as the outlet of the Angostura, where there
is a trunk of a tree which the Indians cut down; on the
east by the Bio del Norte ; on the south by the junction of
the two rivers ; on the west by lands of the Pueblo itself. ' '
He further says that the San Felipe document describes
the boundaries thus : "On the east the Rio del Norte ; on
the west by the Cuervillo; on the north the boundary of
said Pueblo; on the south by lands of the Pueblo of the
Indians of Santa Ana."
After the alcalde had read to them these papers, the
Santa Ana Indians wanted their boundary at the trunk of
the tree mentioned in their documents, but the alcalde
says that the trunk was not in existence and no one present
could give any information about it, so he was governed
by the first boundary "the outlet of the Angostura,"
where a landmark of stone was placed, both pueblos and
the alcaldes being satisfied with it.
The headmen (principales) of the pueblos stated that
they had no objections to make, but they did want to have
the boundaries on the other side of the river settled.
Consequently, May 14, 1813, at the request of the Indians
of Santa Ana, who had informed Pino that the principal
object of their complaint was to settle the boundary on
the east side of the river, he went there and examined
what he describes as a "pocket of old land" which had
been formed by the river at the time of a freshet, although
he could not learn at what date it had occurred.
He goes on to say that as the papers gave no information
about the boundary except that it was the edge of the
river, without explaining whether it ran to the Angostura
424 THE SPANISH AECHIVES OF NEW MEXICO
from the west or the east, he saw no way out of the mat-
ter except to compromise it by a sort of rough estimate;
that after he had made this, they all said they were sat-
isfied ; that in accordance with this compromise line which
he established there were some pieces of broken land that
fell to the share of the Santa Anas, which were held by
various citizens of Angostura by purchase from individual
Indians of the pueblo of San Felipe ; that in view of this
fact Pino suggested to Don Cleto Miera y Pacheco (at
that time possibly chief alcalde of Alameda) that if any
of the purchasers should demand the return of the money
they paid to the vendors, the latter, if they had the means,
ought to pay it back, as Pino considered the purchases
made by the citizens had not been made in good faith,
because having bought only pieces of tillable land (with-
out any other right) they had availed themselves of the
use of the wooded and pasture lands, like owners thereof,
to the injury of both pueblos.
Having this view of the subject, Pino submits to the
governor's decision. He further states that the dividing
line he had selected was the Santa Ana ditch which was to
the west, toward the river, the other ditch going along the
hills to the east ; that the ditch divided the land in dispute
into two parts, the western part for the people of Santa
Ana and the eastern for those of San Felipe; that the
ditch did not run in a straight line from north to south
but made some curves; that these fell to the share of one
or the other of the two parties according to their respective
sides of the ditch ; that in some of those which fell to the
share of the pueblo of Santa Ana there were some strips
of land planted in wheat, and that he informed the In-
dians of Santa Ana that they must not take possession of
those strips until after the wheat was harvested, but they
could take the other pieces; that both pueblos were sat-
isfied with this arrangement and settlement of the bound-
ary.
On May 21, 1813, the governor and lieutenant-governor
of San Felipe petitioned Felipe Sandoval, the protector
of the Indians, to present to the governor of New Mexico,
a statement of the injury they had received by the settle-
ment of the boundary question by the judge (Jose Pino),
who had been appointed to act in the matter by the act-
ing governor, the latter having taken cognizance of it on
the petition of the Indians of Santa Ana. They state that
the damage done to them was in connection with lands
which their ancestors had purchased from the heirs of
L>1
THE SPANISH ARCHIVES OF NEW MEXICO 425
Cristobal Baca, deceased; that said lands were at Angos-
tura ; that the damage done them consisted in taking from
them lands which they considered to be theirs, including
both lands they had been cultivating and others which
they had sold by the consent of their superiors, and with-
out opposition on the part of the Santa Ana people ; that
the boundary had been established at the Bernalillo dam,
some 500 or more varas above the real Santa Ana bound-
ary.
In conclusion they request Sandoval to go to the tract
in question and inform himself as to the facts before
presenting the matter to the governor.
On May 29, 1813, Sandoval appended to the foregoing
petition a statement to the effect that he had gone to the
Angostura and carefully informed himself about the mat-
ter, and was convinced that the complaint made was a
just one; consequently he transmitted the petition to the
acting governor, requesting him to order that the Santa
Ana documents be produced in order that each party
might have given to him that which belonged to him in
accordance with the citation of the boundary of the An-
gostura in a straight line.
Under date of June 3, 1813, Acting Governor Joseph
Manrique appended to the petition a marginal note, di-
recting Don Jose Maria de Arze, first ensign of the company
stationed at Santa Fe, to investigate and report upon the
matter.
On June 5, 1813, Arze, after having appointed two at-
tending witnesses, and in the presence of the alcaldes of
Alameda and Jemez, and the protector of the Indians, etc.,
read over the proceedings which had been conducted by
Jose Pino, and asked the parties to the dispute if they had
any objections to make thereto.
The protector of the Indians, Felipe Sandoval, then
stated, on behalf of the San Felipe people, that they ob-
jected to everything appearing in said proceedings on the
second page of the second leaf ; that what they wanted was
that the boundary be given to them straight from north
to south, because of the irregularities occurring in the
ditch and river, and that the matter be settled according
to the recitals in the documents.
The Santa Ana people said that as they had not been
injured by what had been done, it might be given to them
in the way suggested, if it belonged to them, but in case
of any damage being done to them, they would demand
426 THE SPANISH AECHIVES OF NEW MEXICO
that the documents be examined and that each party
should have what was his.
Arze says that when he asked the San Felipe people for
their documents, they failed to produce any one that fully
set forth the boundaries; for the reason that they had
none ; but they did exhibit to him a certified copy of some
proceedings had by the chief alcalde of the pueblos of
Santo Domingo, Cochiti, and San Felipe (based on a grant
by Governor Don Tomas Velez Cachupin) in which the
following occurs : ' ' Immediately adjoining the Pueblo of
San Felipe ; and on the other side they are bounded by the
ranch and lands of Cristobal Martin ; ' ' that upon examin-
ing the lands it turned out that the San Felipes were
trespassing on lands which the Santa Anas had bought
from the heirs of Cristobal Martin, as appeared by a certi-
fied copy (which the Santa Anas exhibited to him) which
stated that the original documents were in the govern-
ment archive; that having established substantial monu-
ments of stone and mud, it was acknowledged by both
pueblos that they were satisfied with them. These monu-
ments formed a southern boundary for the San Felipes
and a northern boundary for the Santa Anas, while a
thick cottonwood tree which was asked for as a boundary
mark by the San Felipes, notwithstanding it was on lands
belonging to the Santa Anas, was denied them because
their request was unjust.
On June 6, 1813, Arze proceeded to examine into the
matter of the establishment of the Santa Ana ditch as a
boundary line between the two contending parties, which
line, it will be remembered, was established by Jose Pino
May 14, 1813. He says that having asked for the docu-
ments of both pueblos, and it being clear from the San
Felipe document that the selection of the Santa Ana ditch
as a boundary line resulted prejudicially to one of the
parties at some points, and to the other at other points,
he took from among the papers of the Santa Anas a docu-
ment drawn up by the chief alcalde of the Queres pueblos,
Don Nerio Antonio Montoya, relating to a compromise be-
tween the headmen of Santa Ana and San Felipe as to the
lands which the river had taken away from them. From
this document it appeared that one-half of the space for-
merly occupied by the river had been partitioned to each
pueblo, the western side to Santa Ana and the eastern to
San Felipe, which arrangement had been satisfactory to
both towns.
Arze then made a reconnoissance of the land in question,
THE SPANISH AECHIVES OF NEW MEXICO 427
searching for the landmarks of stone which the above men-
tioned document stated had been ordered to be set in the
ground from the point where the river had begun to
change its course to the point where it had returned to its
bed, but he found only one such landmark. He then made
an examination of the old river bed close to the hills on
the east, estimating about where its center was, and fol-
lowing its windings, and then having read to the Indians
the account of the establishment of the boundary along
the center of the old river bed by Don Nerio Antonio
Montoya, he asked them if they would be satisfied with
the reestablishment of the line described. They replied
that they would, and that they wanted it done in the same
way in which it had formerly been done.
Thereupon Arze proceeded to lay out a curved line
along what he calculated to be the center of the land
which had formerly been occupied by the river, marking
it with a great number of landmarks of stone and mud,
set into the ground and plainly visible. He instructed
the Indians to inspect these monuments frequently, to
make all their people acquainted with them, and if any of
them should be destroyed by the river or carried away by
any persons, they must immediately rebuild them, his ob-
ject being to secure the perpetuation of the line as he had
fixed it without regard to future changes in the course of
the river.
Arze then had the document above referred to properly
certified, signing it with the attending witnesses, the al-
caldes, and the protector of the Indians, and he also made
a copy of it for the San Felipes to keep in their possession
for their own protection.
After having reduced to writing his report of the pro-
ceedings, he inquired of all those present whether they
were satisfied with what he had done, and said that if
any one of them had any objection whatever to the man-
ner in which the case had been settled that he must speak
out and state his views. However, they all said that they
were satisfied, and had no opposition to offer, nor would
they again raise the question; it being understood that if
it was again brought up, no attention would be paid to
them and they were to be bound by the proceedings just
had in the case.
Arze says that as the boundary which he had established
between the Santa Anas on the west and the San Felipes
on the east ran through some pieces of land which the
former had planted as a result of the partition made by
428 THE SPANISH AECHIVES OF NEW MEXICO
Jose Pino, and which pieces by the later adjustment of the
boundaries fell to the share of the San Felipes, and also
as the latter had sold to some citizens other pieces of land,
some by permission of the government and others without'
which pieces by the said adjustment now belonged to the
Santa Anas, he directed them respectively not to take pos-
session of such lands until after the crops should be gath-
ered ; and he also told them that they must reimburse the
citizens who had bought lands of them and who were now
losing them, either by giving them other lands or by pay-
ing back to them the sums they had given for them, and
that they should make deeds for the lands for the protec-
tion of their owners, said deeds to be approved by the
government.
On June 7, 1813, Arze reported his action to the acting
governor, saying that what had been done by Jose Pino in
regard to the lands on the west side of the river ought
to be approved, but what Pino had done on the east side
should be annulled and the boundary fixed by Arze on that
side should receive his approval.
On June 18, 1813, Manrique approved the proceedings
and ordered that they be filed in the archives.
1357 PROCEEDINGS in a dispute between the Indians of
Taos and some Spanish citizens who were occupying
lands within the boundaries of the grant claimed by
the Indians.
This manuscript begins with a petition by Jose Francisco
Lujan, governor of the pueblo of Taos, to the chief alcalde
Don Jose Miguel Tafoya, in which the Indian governor
states that whereas the king had given to them "a league
of land in the four directions," they wanted the alcalde
to deliver it to them, in order that their families might
spread out over the planting lands and have ample pastur-
age for their animals ; and that knowing that the citizens
who had usurped their lands would make damaging alle-
gations against them and that the Indians would not know
how to properly set forth their rights in the premises, they
had requested Fr. Benito Pereyro to represent them.
The petition ends with a prayer for justice.
Following the petition is a statement by the alcalde,
April 11, 1815, in which he expresses the opinion that the
Indians should apply for relief to the governor of the
Province, because the owners of the ranches inside the
Indian league would make so great opposition to the grant-
THE SPANISH AECHIVES OP NEW MEXICO 429
ing of their petition that the matter could not be settled
except by an order of the governor.
On April 18, 1815, Governor Alberto Maynez issued the
following decree:
"The league of five thousand varas measured from the
cross in the cemetery in all directions, of which His Ma-
jesty made grant to each town of Indians from the be-
ginning of its establishment, is in order that it be con-
served for the maintenance of its natives; so that they
have the use and can not give nor sell without permission
of the King ; because of its being a patrimony or entailed
estate, so that no judge or governor has the power to sell
a part or the whole of said league.
"If it should result that for many years past or in any
manner whatever citizens may have intruded to plant and
build on the Indians' land, they ought to lose the work
done, leaving their ground free to them ; but as from this
grave injuries might result to the citizens, the chief al-
calde of Taos will temper equity with justice so far as
possible, hearing the parties and adjusting their differ-
ences in such manner that the natives shall not be left in-
jured in the compromise which they may make ; and Don
Felipe Sandoval, the Protector of the Indians, will set
forth after this decree whatever may occur to him in re-
gard to the present petition. ' '
On the same day Felipe Sandoval, speaking on behalf of
the Indians, suggested that the matter might be settled by
a compromise, the citizens being given to understand that
the tract belonged to the Indians' league and that those
who had made purchases within the tract had no right to
lands of the pueblo.
Following the suggestion of Sandoval is a note by Gov-
ernor Maynez, to the effect that if the planting permitted
to the citizens in the Arroyo Hondo marsh should be pre-
judicial to the Indians, the citizens should not be allowed
to plant; and the alcalde was directed to determine that
matter as might be most just and proper.
May 3, 1813, Pedro Martin, who apparently was the
alcalde of Taos, reported to Governor Maynez what he
had done in the matter under consideration. He says that
he measured the league with an ordinary vara, and as a
result of the measurement the citizens were deprived of a
tract of land one thousand seven hundred varas wide,
from east to west, and three thousand nine hundred and
fifty varas, from north to south; that all this land had
been improved by the citizens, and that included in it
430 THE SPANISH AKCHIVES OF NEW MEXICO
there were three villages with about 190 families, and also
a church, which the citizens had built.
The alcalde also states that the citizens had represented
to him that when the Cumanches were on the war-path, the
Indians of Taos gathered the citizens together and treated
them with great kindness, in order to have their assistance
against the warlike Cumanches; that in addition to this,
by a decree dated May 1, 1793, Governor Fernando de la
Concha ordered that the league be measured, and the cit-
izens representing the grants included within the league
agreed that the boundaries should remain at the customary
places with the obligation of the pastures being common.
Also the alcalde says that he proposed to the Indians
that they should allow the Spaniards to retain their houses
and ranches, and in consideration of that the Spaniards
should give them cattle and horses to the number of forty-
five; that the Indian governor and his interpreter agreed
to it, but when they laid the matter before the Indians, the
latter not only refused the proposition, but abused them;
that if the Spanish governor should decide that the citizens
were to lose their ranches which they had bought in good
faith, it was the alcalde's opinion that the Indians should
lose what they had bought to the prejudice of the heirs of
Sebastian Martin ; that these Martin lands would provide
a place for the Spaniards where they could be given other
lands equivalent to what they were losing.
In conclusion he says that the settlement of the Arroyo
Hondo would not injure either the Indians or the Span-
iards, because it was more than 10,000 varas distant from
the league.
On May 6, 1815, Governor Maynez issued the following
decree :
"By no means do I wish any wrong to the Indians of
Taos or to the citizens. My foregoing decree of the fif-
teenth of last April can not be changed, because it is just
and well founded; it is sufficiently ample for the alcalde
and the Rev. Father Missionary to average things so as
to leave them by compromise in permanent peace; and
the Arroyo Hondo will be settled by farmers, if it can be
done without prejudice to third parties. ' '
On May 20, 1815, the alcalde, Pedro Martin, and the
missionary priest, Fr. Benito Pereyro, made report to the
governor of what they had done in trying to bring about
a compromise between the Spaniards and the Indians and
also made certain recommendations in the matter. They
say that they urged the Spaniards to give the Indians fifty
THE SPANISH AECHIVES OF NEW MEXICO 431
horses and cattle in consideration of the landmarks being
left at their customary places; that the Indians rejected
this proposal and demanded their league, etc.
They then state that in their opinion the league might
be given to the Indians, but the latter ought to pay for
the Spanish improvements and give to them the lands
which the Indians had purchased in the tract which for-
merly belonged to Captain Sebastian Martin; that the
Indians have the best land in the Province, but do not
cultivate it at all, and rent portions of it to the Spaniards ;
that the latter, being the conquering nation, ought to have
those lands which the Indians do not improve or cultivate,
and also the Sebastian Martin tract.
In conclusion they say that they would have decided
the case, had it not been that the Indians requested that
the governor should determine its merits; therefore they
transmit the papers with the statement made by the at-
torney for the Spaniards.
This statement, May 15, 1815, is directed to the alcalde
and is signed by Jose Romero, who states that he has been
appointed the defender of the citizens. He says that the
damage done to the citizens applies to forty-four tracts of
land and two villages containing about 200 families with
a church built by the Spaniards ; that the surrender of this
property would be an annulment of the grants made to
their forefathers in the name of the king; that they can
exhibit documents and deeds showing that they had pur-
chased the lands, and that furthermore, the Indians not
only permitted the making of the grants, but kindly
treated the Spaniards in order to get their assistance in
defending the pueblo against the savage Cumanches.
These are not the only arguments used by Romero, but
are probably the most important. He intimates that if
the Spaniards should be deprived of their property they
will be placed in a position of so hopeless character that
they may be driven to some act of desperation. This lan-
guage evidently accounts for one of the statements in the
governor's final decree, which bears date May 22, 1815,
and is as follows :
' ' My foregoing decrees of the 15th of April and 6th of
May cannot be better founded in principles of right and
justice, nor more expressive to the end of inclining the
parties to compromise and tranquility ; and if the alcalde,
the parish minister and Don Jose Romero find means of
placing them in permanent peace without claims by either
party, I give to them all of my authority for the purpose
432 THE SPANISH AECHIVES OF NEW MEXICO
of mediation and compromise, for it is my intention that
there be no more writing and that it all be remedied by
verbal decisions, if it should be possible.
' ' When matters are conducted by legal steps, and with-
out violence, there are no results to be feared, and ^o pro-
claim them is the same as to speak with little respect for
the lawful authorities. It is a matter which if it is not
cut short by a verbal decision, I shall take special care to
settle it without any order from the General Commandant
or from the Royal Audiencia, to whom, because of its
gravity, its decision belongs. This occasion I should not
wish to arise, considering the distance and the expense to
the parties, and I shall appreciate it if the parties make a
compromise for the good and tranquility of all, to which
I shall contribute in the cases in which the Indians of
Taos apply to me. But it being laid down as a principle
that their rights to the league which His Majesty granted
to them are incontestable, it is to the interest of the citi-
zens to placate them, because if an ordinary trial be had
it appears that the right is on the side of the Indians."
This archive has been used in the courts of Taos county
in sustaining the rights of the Indians to the league of
land given them by the Spanish crown.
1358 LETTER from Juan Antonio Baca to Governor Al-
berto Maynez relative to a suit in regard to lands
claimed by an Indian named Quintana, who belonged
to the Pueblo of Cochiti.
The writer of this letter did not in all places express
himself with perfect clearness, but apparently the matter
he was discussing was in relation to a suit between his
family and the Cochiti Indian, Quintana, in which the
Indian had secured a favorable decision, or at any rate
seemed to hav.e the better of the litigation up to the time
when Baca wrote his letter, March 14, 1815.
He says that he had received an order not to use the
land included within the landmark or monument which
Governor Jose Manrique had directed the alcalde, Juan
Jose Gutierrez, to build, which he had done ; that, although
the suit had turned on the question whether the boundary
is farther above or farther below (some point understood
by the writer but not named) shortly before the governor
had ordered that the boundary be removed to where it had
stood in the beginning when the land had been purchased,
as was evidenced by deeds of sale which were in his pos-
session.
Facsimile of Signature of Captain Fran-
cisco Trebol Navarro, Governor of New Mex-
ico, 1778.
Facsimile of Signa-
ture of Governor Don
Fernando de la Con-
cha, 1789-1794.
Facsimile of Signature of Don Francisco Antonio
Marin del Valle, Governor and Captain-General, 1754-
60.
J
Facsimile of Signature of Don Pedro Fer-
min de Mendinuueta, Governor and Captain-
General, 1767, 1778.
Facsimile of Signature of Don Tomas Velez
Cachupin, Governor and Captain-General, 1749-
1754.
Facsimile of Signature of General Don Juan Bautista de
Anza, Governor of New Mexico, 1778-1789.
THE SPANISH ARCHIVES OF NEW MEXICO 433
Apparently the Bacas had lands and houses within the
boundary claimed by Quintana and were obliged to give
them up, so Baca says in his letter that they could do
nothing more than to demand reimbursement for their
property, which he estimates at a value of 4,000 pesos in
coin, and go elsewhere to find other lands. He refers also
to Don Pedro Pino as being a person familiar with the
case, and who could give the governor information about
the boundaries, as he had measured the pueblo league, and
had experience in other matters in the premises.
Concluding, he says that a short time before he had
gone to the governor of the pueblo to learn what he could
about the unfounded complaint that had been made by
Quintana, and the Indian governor had told him that he
knew nothing about it and the people of his pueblo did
not mix up in it; that only Quintana and his partisans
were those who had made the trouble.
The location of the land is not fixed in the letter ; as it
is dated at Peiia Blanca, it is possible the land was in that
vicinity.
)9 LETTER from Jose Gutierrez, dated at Bernalillo,
March 3, 1816, to Governor Alberto Maynez, in re-
gard to lands belonging to the Indians of Sandia,
which they had loaned to some Spanish citizens.
Gutierrez says that he had received the governor's de-
cree of the 23d of the preceding February, it having been
shown to him by the Sandia Indians along with a preced-
ing report by Don Felipe Sandoval, the protector of the
Indians, based upon information received from the In-
dians ; that the report is lacking in truth, and if the pro-
tector of the Indians had made a personal examination of
the premises instead of depending on hearsay, the Indians
would not have presented these unfounded charges.
Gutierrez discusses the matter with great detail. Ac-
cording to his statement the Indians, in the year 1814,
loaned to more than 20 Spaniards, who were poor and had
no lands of their own, certain pieces east of the Rio Grande
and about 2,000 varas from the intake of the Sandia irri-
gating ditch ; they were loaned for a period of five years.
Six of the Spaniards had built some huts on the land in
order to have some place in which to live while farming,
and in two years' time they had begun to get some re-
turn for their labors. Then the governor of the pueblo
began to make trouble and demand that the Spaniards
434 THE SPANISH AKCHIVES OF NEW MEXICO
give up the land, notwithstanding the fact that most of
the people of the pueblo were willing that they should
retain it to the end of the period of five years. He states
that he believes it proper that the Spaniards should be
allowed the use of the lands at least for the year 1816, in
order that they might have the benefits of three years'
worth of work of the five years; the latter period is, he
says, the customary one in the country.
1360 LETTERS (2). This consists of two separate docu-
ments.
One is a letter from Alberto Maynez, who was a colonel in
the Spanish army and had been previously acting as gov-
ernor of New Mexico, dated September 17, 1817, and di-
rected to Felipe Sandoval, protector of the Pueblo In-
dians of New Mexico, stating that the attorney who was
defending the Indians in the City of Mexico, evidently
under the impression that Maynez was still exercising ex-
ecutive powers, had directed to him the official communi-
cation which he was forwarding to Sandoval.
The other is the official communication referred to,
which is by Don Bias Abadiano, under date of February
8, 1817, to Don Alberto Maynez, acting governor of New
Mexico, requesting that the latter would have the Indians
of Cochiti make a petition for a certified copy of the deed
of sale which they made to Mr. Alencaster for the Cile
(Sile?) ranch and of the one which the latter made to the
Ortizes; also that they make another petition asking that
Captain Don Anacleto Miera Pacheco produce the order
which he received from Mr. Alencaster for them to sell a
ranch to Don Luis Baca, or to give information as to its
whereabouts and contents.
1361 PROCEEDINGS in land suit.
Copy made by Rafael Cuentas, special notary of the Royal
Audiencia of Guadalajara, of certain proceedings had in
that tribunal in connection with a suit about the annul-
ment of a sale of real property made by the Indians of
Cochiti, dated January 31, 1817.
It appears that the king's attorney, as protector of the
Indians, desired to push a suit in which the Indians of
Cochiti were interested, which related to the annulment
of the sale of the Pena Blanca ranch, situate within the
Pueblo Grant and then occupied by Don Luis Baca and
also to the return to them of the ranch known as the Santa
Cruz Spring, which they had purchased in 1744, for the
THE SPANISH ARCHIVES OF NEW MEXICO 435
sum of 1,500 pesos; that not being able to verify all the
matters alleged by the Indians, the king's attorney asked
the Audiencia to require the governor of New Mexico to
transmit all the papers at Santa Fe in any way relating
to the matter. This request of the attorney was made
January 16, 1817, and the Audiencia granted it the 25th
of that month.
At the end of this document, in the handwriting of the
governor, Pedro Maria de Allande, is the following: "An-
swered, and the Expedient e transmitted on May 31, 1817.
"ALLANDE" [rubric]
162 DOCUMENTS referring to litigation then before the
Eoyal Audiencia of Guadalajara, between the In-
dians of Santo Domingo and Cochiti, one side, and
Don Antonio Ortiz and Don Luis Maria Cabeza de
Baca, on the other; the dispute with Ortiz being in
regard to the Sile tract, and that with Baca being in
relation to the Pena Blanca and Santa Cruz tracts.
Bough drafts.
The entire document is in the handwriting of the gov-
ernor, Don Pedro Maria de Allande.
The first draft is that of an order by Governor Allande,
directing that the lands of the two pueblos be measured,
in order to settle the questions which had arisen between
them and their opponents. The order appoints a con-
siderable number of persons as commissioners, attending
witnesses, attorneys in fact, etc., and directs that the
measurements be made in accordance with the opinion of
Don Francisco Antonio de Landa, December 31, 1816, and
with a view to reporting the results to the Royal Audien-
cia. It is dated at Santa Fe, May 10, 1817.
The second rough draft is that of a proceeding an-
nouncing the conclusion of the expedience, and directing
that it be sent to the Royal Audiencia, in order that that
tribunal should decide the matter in dispute. This is
dated at Santa Fe, May 28, 1817.
It is stated that the proceedings made two books, one
of 84 leaves and the other of 51 leaves.
The third draft is of a letter of transmittal, dated May
31, 1817, sending to Don Rafael Cuentas, secretary of the
Audiencia, the expedients above referred to.
436 THE SPANISH AECHIVES OF NEW MEXICO
1363 DOCUMENTS relative to Indians.
This manuscript is a copy of various documents in the
archives of the Royal Audiencia at Guadalajara, treating
principally of the need of having the Indians instructed
in Christian doctrine, and deploring the results which had
arisen from the action of the Spanish Cortes in abolishing
the teaching of the doctrine in the Spanish language by
Indians who had been instructed for that purpose, and
who were known in the pueblos as Fiscales de Doctrina.
The subject appears to have been called to the attention
of the Audiencia by communications received from the
local protector of the Indians of New Mexico, and inci-
dentally connected therewith are references to some land
matters affecting some of the New Mexican pueblos.
On page 1, of leaf 3, it is stated that the pueblo of
Santa Ana was situated on very bad land, and that its in-
habitants, in order to support themselves, were compelled
to farm lands on the Rio del Norte, at a distance of four
leagues from the pueblo; that the Indians of San Felipe
had usurped some pieces of these lands without any au-
thority or right and had sold them to three or four Span-
ish citizens ; that the nullity of these sales was particularly
fixed by a decision of the Royal Audiencia made public in
the city of Guadalajara on April 19, 1817 ; that the mem-
ber of the Audiencia who was responsible for the pro-
tection of the Indians had requested, among other things,
that the governor of New Mexico be directed to restore
the lands in question to their rightful owners and to give
a hearing to the persons who had bought them, with a
view to providing other lands for them on the royal do-
main and entirely separated from the lands of the In-
dians.
This request was made March 26, 1818, and on the fol-
lowing day it was approved by the Audiencia.
The governor of New Mexico was informed of this ac-
tion May 20, 1818. Apparently no answer was received
from him, and assuming that the communication sent to
him had never been received, the present manuscript, con-
taining all the proceedings in the archive up to that time,
was prepared by the secretary of the Audiencia, Don Ra-
fael Cuentas, January 14, 1819.
1364 LETTER from Ignacio Maria Sanchez Vergara,
April 14, 1819, to Lieutenant-Colonel Facundo Mel-
gares (either Governor or Acting Governor of New
THE SPANISH AECHIVES OF NEW MEXICO 437
Mexico at that time) referring to communications
received from the Boyal Audiencia of Guadalajara,
etc.
In regard to the land suit between Santa Ana and San
Felipe, etc., and suggesting as a solution of the dispute
that the two pueblos should abide by the action of Don
Jose Pino, deceased, and that the pieces of land included
within the boundaries established at that time should be
given to the Indians of Santa Ana; that the persons in
possession of the lands should give them up, and recover
the price they had paid for them from the Indians of San
Felipe, who had sold them.
In the margin of this letter, under date April 22, 1819,
is a rough draft of the reply to it. The governor says
that he has determined that the decision of the Royal
Audiencia shall be fully complied with without loss of
time. He directs Sanchez to go to the land in question,
and in company with the chief alcalde of Alburquerque,
who was to represent the governor, to make proper dis-
tribution of the lands ; also he tells him to tell the parties
in interest (holders of the land) that he will grant them
at Socorro better and more fertile lands than those they
are losing.
He adds that as the Indians of San Felipe probably
sold lands that did not belong to them, that it would be
well for them to make some suggestion as to the manner
in which they should make restitution for that which they
had taken mistakenly or improperly.
565 PUEBLOS. Sales of Lands.
This archive contains eleven separate papers, eight of
which are numbered in red ink, thus "1365-1." The
other three are numbered, also in red ink, "1365-2." The
eight papers referred to have nothing whatever to do with
the Santa Ana or San Felipe pueblos or any other lands ;
they relate only to ecclesiastical matters. The three papers,
numbered "1365-2" relate to the dispute between the In-
dians of Santa Ana and those of San Felipe, arising from
sales made by the latter of lands belonging to the former.
The first of these three papers shows that Josef Mariano
de la Peiia, chief alcalde of Alburquerque, had been com-
missioned by the acting governor of New Mexico, Don
Facundo Melgares, to carry into effect the decision of the
Royal Audiencia of Guadalajara in regard to the matter
in controversy; that with that object in view he went to
438 THE SPANISH AECHIVES OF NEW MEXICO
the land in question and on May 7, 1819, in the presence
of the litigants and the local protector of the Indians,
Don Ignacio Maria Sanchez Vergara, proceeded to
examine the boundary in dispute; having done this and
having made inquiries as to the former situation of the
river, and having had exhibited to him a document made
by Don Jose Maria de Arze, dated July 6, 1813 (perhaps
June 6, 1813; see archive 1356), he finally came to the
conclusion that permanent landmarks should be estab-
lished along the eastern edge of the old bed of the Rio
del Norte to designate the boundary between the lands of
San Felipe and those of Santa Ana. He explains that his
reason for establishing the boundary along the eastern
edge of the old river bed was that when the river left
that bed and cut a new channel for itself farther west, it
damaged to that extent the lands of the Santa Anas, but
did not damage those of the San Felipes.
On May 8, 1819, Pena inquired into the matter of the
sales made to Spaniards by the Indians of San Felipe. He
says that Don Juan Bautista Gonzales exhibited five
deeds, dated from 1782 up to 1816 ; that the sum of the
amounts paid for four different purchases, and one for
which there was no deed, amounted to more than 2,700
pesos in the current prices of the country, which sum had
been paid in sheep, cattle, horses, money, etc.; that Gon-
zalez obeyed the order to surrender the land, but re-
quested that the vendors should return what he had paid
for it, or that he be given land on the royal domain, on 1
the eastern side of the river, between the pueblos of San-
to Domingo and San Felipe.
Don Jose Francisco Silva, who also was willing to give
up the land he was occupying, stated that he was not its
owner; that it belonged to Juan Estevan Pino, of Santa Fe,
in whose possession the deeds would be found.
Miguel Lopez, in obeying the order to vacate, stated
that it was not his ; that he was working it under a lease
from the owner, Don Pablo Montoya, a citizen of Las Go-
londrinas, in the District of Santa Fe, who was in posses-
sion of the deeds.
Pena notified Don Jose Garcia, Alonso Garcia, Juan
Domingo Archibeque, Pablo Archibeque, Diego Chaves,
Francisco Gutierrez, and Rev. Fr. Jeronimo Riega, some
of whom were absent and others ill, that they must return
the lands belonging to the pueblo of Santa Ana and that
in compensation they would be granted others at Socorro.
The second paper is a letter from Pena to Melgares,
:HE SPANISH AECHIVES OF NEW MEXICO 439
May 8, 1819, which in a general way reviews the action
taken and set forth in his report. He states that the pro-
tector of the Indians, Sanchez Vergara, and the Santa Ana
people, were satisfied with what he had done but the San
Felipe Indians were not; that to have settled it in any
other way would have been to the injury of the Santa
Anas who had already been damaged by the river chang-
ing its course, while the San Felipes had suffered no loss
on that account; that the citizens understood that the
sales made to them by the San Felipes were declared to be
null ; that as there was not sufficient time for them to dig
new irrigating ditches that season on the lands which
might be given them in lieu of those they were giving up,
they requested that they might be allowed to plant and
gather on the latter the harvests of that year.
In the margin of the letter, under date, May 11, 1819,
is the rough draft of the reply, in which it is stated that
the planting and harvesting of the crops is a matter which
the Santa Ana people may decide as they see fit.
The third paper is a letter, dated May 9, 1819, from the
protector of the Indians, Ignacio Sanchez Vergara, to Mel-
gares, covering about the same ground as the letter of
Pefia to the governor.
In the margin of the letter, May 11, 1819, is a rough
draft of Melgares' reply. He directs Sanchez to go back
with the alcalde of Alburquerque and make the San Felipe
Indians pay back the money they had received from the
persons to whom they had illegally sold the lands, or else
make restitution by giving them other lands. He says
that in case there are any lands belonging to the royal
domain between San Felipe and Santo Domingo, they
will be given to the citizens who asked for them at that
place.
The last paragraph of this rough draft is not perfectly
clear; it seems, however, to mean that the Indians of
San Felipe were obligated to pay into the royal treasury
the amount they had illegally received from any Span-
iard, who, having given up to the Santa Anas the land
he had purchased from the San Felipes, subsequently had
been given other lands in lieu thereof out of the royal do-
main.
1366 PETITION by Ignacio Sanchez Vergara, Protector of
the Indians, on behalf of the Indians of Santa Ana, to
the Governor of New Mexico, dated June 4, 1819.
440 THE SPANISH AECHIVES OF NEW MEXICO
According to the statements of the protector, the In-
dians of Santa Ana, on account of the poor quality of the
land in the neighborhood of their pueblo, requested per-
mission to come down to the edge of the Bio del Norte,
where they had their planting lands, and there establish
the pueblo. They also offered to give for the lands at Al-
godones, in the San Felipe lands, the same amount which
the Indians of San Felipe had paid for them. They as-
sumed that the San Felipes did not need the Algodones
lands because they had made numerous sales of them to
citizens.
There is nothing to show that any action was ever taken
in this matter.
1367 PETITION by the Indians of the Pueblo of San Juan
to the Commandant-General at Chihuahua, request-
ing his protection in the matter of various abuses of
which they complain.
Relative to land matters they say they had learned of a
proclamation relating to the cutting down of the lands of
the pueblos ; that their lands did not extend in a direction
as far as a league ; that they, however, had been more
loyal vassals of the king than had the other pueblos who
had their leagues in full.
The entire document is badly composed, disconnected,
and is a rambling protest against any reduction of their
possessions, the payment of tithes, and being refused
burial in the church.
In the margin, under date October 11, 1821, is an order
of the commandant-general, Garcia Conde, directing the
acting governor of New Mexico to see to it that the Indians
were not molested in any manner, maintaining them in
the possession of their lands, and not permitting any
changes in the government of the pueblos, the preserva-
tion of the church, and the contributions they made for
that purpose.
This document contains a statement by the Indians of
San Juan giving the reasons why the title of "Caballeros"
was given to them.
1368 PUEBLO OF ISLETA. Jurisdiction of, in August
16, 1822.
Jose Antonio Chaves Duran [rubric] ; Juan Gutierrez
[rubric] .
THE SPANISH AECHIVES OF NEW MEXICO 441
1369 PUEBLO OF PECOS.
Question as to lands; contest with Domingo Fernandez
and others. 1830. Letter from Jose Maria Paredes, sec-
retary of the "Segunda Sola de la Supremo, Corte de
Justicia." Mexico, February 17, 1830, to Don Ramon
Abreu, secretary of the Diputacion Provincial.
A claim in regard to the title to lands by the pueblo of
Pecos which claim had been before the supreme court of
justice in the City of Mexico.
L370 PECOS INDIANS.
Petition relative to their lands, to the Diputacion. Pecos,
March 12, 1826. Alcalde Rafael Aguilar, Subteniente,
Juan Domingo Vigil, General Jose Manuel Armenta.
1730. Rough draft of letter to the supreme government.
Citizens to whom lands had been given at the pueblo of
Pecos must not sell them until the question of title had
been decided by the supreme government.
L371 EEPORT as to the area of the Pueblo of Pecos, to
the Minister of the Interior, Mexico, October 10, 1826.
Draft of a report by the governor of New Mexico to the
minister of domestic and foreign relations giving informa-
tion as to the lands and the population of the pueblo of
Pecos and relative to the communal system of the Pueblos
generally.
172 PETITION by three Laguna Indians, who acted by
authority of and in the name of the people of their
pueblo, asking relief in the matter of the interference
of the Acomas with their water rights.
The document is dated June 15, 1827, and complains that
the Acomas are interfering with the rights of the La-
gunas by enlarging the Acoma farming lands at Cubero,
thus impeding the flow of the water in the little stream
which flows from the Gallo spring, on which stream the
pueblo of Laguna is situated; that the Acomas have al-
ways bothered the Lagunas about the water, although the
governors (of New Mexico) had ordered the Acomas not
to shut off the water and to confine themselves to a limited
area of cultivated land so as not to interfere with the
flow ; and that the Lagunas have always enjoyed the right
of preference to the water.
They ask that an end be put to further encroachment
on the part of the Acomas by declaring that the Lagunas
442 THE SPANISH AECHIVES OF NEW MEXICO
are entitled to the preference in the use of the waters of
the stream.
In the margin of the petition, under date of June 25,
1827, there is an entry made in the office of the secretary
of the Territorial Deputation of New Mexico, signed by
Francisco Perez Serrano, a member and the secretary of
that body, directing that in accordance with the action of
the deputation the petition be transmitted to the jefe po-
litico (governor) in order that the proper steps to the
doing of justice should be taken.
1373 PETITION of June 15, 1827, by three Laguna In-
dians, acting by authority of and in the name of their
pueblo, asking relief from the enroachment of the Ce-
bolleta people on the Paguate ranch, which belonged
to the Lagunas.
The petitioners state that the pueblo of Laguna had
held the Paguate ranch from time immemorial, having
bought it from a native of the pueblo from whom the
ranch received its name ; that the people of Cebolleta were
trying to take the ranch from them and add it to the
lands they already had, and that they were being aided
in this by the ayuntamiento (town council) of Cebolleta;
that in view of this condition the pueblo of Laguna peti-
tioned the Territorial authorities to make to it a grant of
the ranch in question with the following boundaries : ' ' on
the north by the grant conceded to Cebolleta, which is
the Gavilan tableland (Mesa Del Gabilan) ; on the south
by the league belonging to the pueblo ; on the east the
little butte called the Co jo (el Serrito nombrado del Co jo) ;
and on the west the limits of the pueblo of Acoma. "
The petitioners further state that they transmit with
their petition three documents, numbered respectively 1,
2, and 3.
In the margin of the first page of the petition is an
entry made in the office of the secretary of the Territorial
Deputation, dated June 25, 1827, and signed by Fran-
cisco Perez Serrano, a member and the secretary of that
body, directing that in accordance with the action of the
deputation the petition be transmitted to the jefe politico
(governor) in order that the proper steps to the doing of
justice be taken.
Document one (1), of the three above referred to, is a
communication from Lorenzo Romero, governor, Juan
Miguel Cacique, and Bias, war-captain, to the civil and
THE SPANISH AKCHIVES OF NEW MEXICO 443
military governor of New Mexico, dated at Santa Fe,
August 28, 1826, stating that they appeared before him
with documents of the properties belonging to the pueblo
of Laguna, in order that he should give to them his of-
ficial approval, in order to avert future claims and in-
juries.
There is an endorsement on this communication, dated
August 28, 1826, signed "Narbona" (Antonio Narbona
was at that time the jefe politico, or governor, of New
Mexico) and in these words: "Let it be done as is re-
quested; returning all to the parties in interest for the
use which may be to their benefit."
Document two (2) is an undated copy, made by
Eusebio Aragon, of an original which he states was torn
and much handled, which original appears to have been
a document made on May 15, 1796, by Antonio Sedillo,
chief alcalde, in which he relates that one Pascual Pa-
jarito, who had a grant made by the governor (of New
Mexico) for a house and tillable lands, had attempted to
drive Juan Paguasti away from the latter 's ranch, and
that Sedillo had called the parties together, with the
cacique and other principal men and had read to them
the act of possession which Pajarito had, and had settled
the dispute between them, Pajarito being entitled to his
house and tillable lands, but the pasture and wood lands,
which he had claimed as his, were declared to be common
to all. Sedillo says that he made the document as an
evidence of the settlement of the dispute; that Paguasti
was an older settler than Pajarito, and that the former
and his brothers were well behaved Indians, etc. Further-
more, Sedillo orders that the document be presented to the
governor on his general inspection tour, in order that it
might receive his approval.
At the end of the document is the following:
"Santa Fe, August 28, 1826.
"This document approved in so far as belongs to this
government, and according to the merit and formality
with which it appears. (Signed) NARBONA [rubric]"
Document three (3) is made by Ignacio Maria Sanchez
Vergara, the official protector of Indians, on June 1, 1820,
at the pueblo of Jemez.
This officer states that the Indians named in the docu-
ment presented the same to him, which document had been
drawn up by the former alcalde, Antonio Sedillo, in re-
gard to a suit between Juan Paguate and Pascnal Pa-
444 THE SPANISH AECHIVES OF NEW MEXICO
jarito, in which the alcalde had ordered the disputants
to confine themselves to their individual holdings and
not to interfere with each other.
Then he goes on to refer to the fact that the pueblo
had acquired the Paguate ranch by "just title," and that
after the alcalde, Jose Manuel Aragon, had given the
possession to the people of Cebolleta, of the grant made to
them, the Paguate ranch still remained undisturbed with
its ancient boundaries, the boundary in the direction of
the new settlement (Cebolleta) being the table-land called
the Gavilan, with which the new Cebolleta colonists were
satisfied.
This is followed by a deal of language about the Pag-
uate ranch being about the only valuable land left to
the Lagunas, etc., etc., and finally Sanchez says that he
gives this document to the Indians for their protection.
Following the document is an endorsement in these
words :
"Santa Fe, August 28, 1826.
"This document approved in so far as belongs to this
government, and according to the merit and formality
with which they appear. (Signed) NABBONA [rubric] "
1374 PETITION by Mariano Rodriguez to the Jefe Po-
litico of New Mexico, on his own part and in behalf
of the Indians of the Pueblo of Picuries protesting
against the giving of possession of lands within the
common lands of the Pueblo to Rafael Fernandez
and Miguel Gonzales, and requesting that the steps
already taken in the matter be revoked.
The petitioner says among other things, that it is the
custom of the parties whom he names to ask for the pos-
session of lands, and as soon as the same have been granted
to them to dispose of them, thereafter asking for other
lands with the intention of repeating the operation.
The petition is dated at Picurie, on May 14, 1829.
In the margin is an order dated June 5, 1829, signed
by Ramon Abreu, secretary of the Territorial Deputation,
setting forth the action of that body in regard to the mat-
ter. It is stated that the right of ownership to the lands
for which they had asked is not given to Rafael Gonzalez
[this is a mistake as to the name of the petitioner] and
his associates; that as soon as they harvest the crops
from the lands they were allowed to plant for that year,
THE SPANISH AKCHIVES OF NEW MEXICO 445
they shall go away from the place ; that the order direct-
ing this action be presented by the protestant to the
proper alcalde, who shall make it known to the parties af-
fected by it, and shall cause it to be complied with.
This paper is followed by another, dated March 4,
1830, which apparently is a report of a committee of the
Territorial Deputation, which, after reviewing and quot-
ing the decision of that body, dated June 6, 1829, reports
that the application of the petitioners ought not to be
granted.
There is also another report of another committee,
dated April 14, 1831, which simply amounts to an ap-
proval of the previous action of the Territorial Deputa-
tion and the report of the committee of March 4, 1830.
1375 DEPOSITION COPY, which was transmitted to the
Supreme Government. Dated July 1, 1829. The copy
bears the signature of Jose Antonio Chaves, who was
the Jefe Politico (or Governor) of New Mexico some-
where about that date.
The first part of the document is a copy of the deposition
of Don Andres Romero and Don Juan Jose Gurierrez,
taken at Bernalillo, May 18, 1829, on the petition of the
natives of Sandia, by the constitutional alcalde, Pedro
Jose Perea.
The deponents were respectively 69 and 66 years of
age. They state that for years they had known that the
"lands in litigation" had no other owner than those of
the pueblo; that they also know, from information re-
ceived from their forefathers, that when there was a great
famine among the Moquis a priest who had learned of it
reported the matter to the government, with a view to
having those Indians brought within the fold of the
Church; that an adequate escort was sent to the Moquis,
and they were told that if they wanted to become Chris-
tians lands would be given to them upon which they could
support themselves ; that sixty odd families left the Moqui
pueblo, and having adopted the Christian religion, were
settled at the pueblo of Sandia.
The foregoing is followed by a somewhat complicated
and vague statement rather difficult to thoroughly under-
stand. However, I gather from it that the deponents
meant to state that the settlement of the Indians at Sandia
was made known to the citizens of Bernalillo and those of
Alameda, and that they agreed to it, with the understand-
446 THE SPANISH AECHIVES OF NEW MEXICO
ing that the western boundary of the Indians' lands was
to be the Del Norte river; also it seems likely that the
lands herein before referred to as the "lands in litiga-
tion" were situated outside of the boundaries of the
pueblo of Sandia, and extended for half a league in the
direction of Alameda; and that all this was understood
by the citizens, and for years the Indians had had no suit
in regard to said lands, and had not sold them.
The second part of the document is a copy of a deposi-
tion of Rafael Miera, made at Bernalillo, May 15, 1829,
before the constitutional alcalde, Pedro Jose Perea.
The deponent states that he was 37 years old; that
some 12 or 13 years before the date of his deposition he
was at the house of his father-in-law, Don Eusebio Rael,
in company with some of his brothers-in-law, when Don
Ignacio Sanchez came to the house, and, after having
conversed for some time with Don Eusebio Rael, took
from his pocket the grant of the Sandia Indians ; that the
deponent saw that Sanchez was reading the grant, and
pinching out of it certain words and putting in others
with a pen he had in his hand; that also on that same
occasion deponent heard Sanchez say that now they could
bring suit for the lands claimed by the pueblo of Sandia,
and he promised Don Eusebio Rael that if he got the
land he would give him the half of it ; that while the suit
was going on deponent's brother-in-law asked him what
he was going to put up to assist in paying for the paper
and other expenses which might arise, and he replied that
in view of what he had witnessed, he would not contribute
even half a real.
1376 PUEBLOS OF SANTO DOMINGO and SAN
FELIPE. 1831.
Grant to. Papers transferred to, reported No. 142. File
No. 200.
1377 COMPLAINT of Ursula Chaves. Santa Fe, July 5,
1835.
Dispossession of certain lands near Los Padillas. The
signature of Governor Perez is very finely executed.
1378 LETTER from Agustin Duran, Second Alcalde of
San ta Fe, dated at Santo Domingo, February 26,
1836, to Don Gregorio Sanchez, First Alcalde of San-
ta Fe.
Duran informs Sanchez that the attorney in fact of the
THE SPANISH ARCHIVES OF NEW MEXICO 447
pueblo of Santo Domingo has laid claim to certain lands
on behalf of the pueblo, alleging that they had been
usurped by Don Antonio Ortiz; that said lands were at
the Sile ranch, which occupied a part of the league be-
longing to the said pueblo; and he requests Sanchez to
direct Ortiz to appear at Santo Domingo on the following
day, either personally or by attorney, to answer the charge
made against him and to restore to the Indians their
property.
Following this letter is the rough draft of Sanchez's
reply, informing Duran that Ortiz had gone to Pojoaque,
and on that account can not make a prompt appearance,
but that he would do so as soon as he returned to the city.
This rough draft is dated also on February 26, 1836.
In the margin of the first page is a memorandum show-
ing that the letter was sent to Ortiz, at Pojoaque, on the
27th of the same month.
580 PROCEEDINGS in regard to the measurement of
the league to the north of the Pueblo of Santo Do-
mingo.
On August 23, 1844, Miguel Antonio Lobato, attorney
in fact for the pueblo of Santo Domingo, petitioned the
governor and commandant-general of New Mexico to or-
der a survey of the league belonging to that pueblo. He
represented that the old monuments which marked the
boundaries had been entirely destroyed; that because of
this his clients, the Santo Domingo Indians, had had fre-
quent disagreements with Jose de Jesus Sanchez, who
was occupying the adjoining lands; that, with a view to
obviating such disagreements and in order to avoid a
ruinous suit, he requested the governor to order that the
league which had been adjudicated to them by the Span-
ish government be measured, after summoning the owners
of the adjoining lands; and that this be done in accord-
ance with the measurements made in the year 1815, by
Don Juan Jose Gutierrez, the alcalde of Alameda, who
had acted under orders of Don Alberto Maynes, as ap-
peared by a document which the petitioner transmitted
with his petition, etc.
On August 26, 1844, Governor Martinez ordered the pre-
fect, Don Francisco Sarracino, to make the measurements,
after first summoning the owners of the adjoining lands,
in order to avoid future controversies.
On September 3, 1844, Sarracino, having previously
448 THE SPANISH AKCHIVES OF NEW MEXICO
summoned the owners of the adjoining lands, proceeded
to measure a distance of 5,000 varas toward the north
from the cross which stood in the center of the cemetery
at the pueblo of Santo Domingo. At the point where this
measurement terminated he ordered that the natives
should place a firm monument of stone, and he says that
in the meantime they dug two trenches in the form of a
cross, and filled them with stones, as a temporary mark
for the spot. Also he says that at that point there were
found the foundations of three monuments which had pre-
viously existed there; that some of the Indians had pre-
dicted that he would find these if he made the measure-
ment impartially and without error.
The report of the measurement was transmitted by Sar-
racino to Governor Martinez on September 8, 1844, and
on the 9th of October, of the same year, the latter or-
dered that a certified copy of the whole proceedings be
issued to the parties in interest, which was immediately
done.
1381 PROTEST of March 27, 1845, by the Indians of the
Pueblo of Isleta, against the granting of the Ojo de la
Cabra Tract to Don Juan Otero.
This protest is directed to the governor of New 7 Mexico
by two Indians of the pueblo of Isleta, acting in behalf
of their whole community. It appears that they had
learned that the legislative body of New Mexico, the De-
partmental Assembly, had granted to Don Juan Otero a
tract of land situated at the Cabra spring, which tract
and spring they alleged had always been recognized as the
property of their pueblo. They strongly protest against
this violation of their rights, and request the governor to
lay their protest before the Assembly.
This was done, and on the same day of the date of the
petition that body ordered the prefect of the Third district
of the Department, in concurrence with the ayuntam-
iento, to report upon the matter, and at the same time to
direct the proper justice of the peace to do likewise. This
action of the Departmental Assembly is signed by its
president and secretary.
This is followed by the report of the prefect, Francisco
Sarracino, dated May 15, 1845, in which, among other
things, he says that the Cabra spring is outside of the
Isleta league ; that the land is not the lawful property of
any settlement ; that the spring is very small, and during
Facsimile of Signature of Don Jose Rafael Sarracino.
Facsimile of Signature of Don Santiago Abreu.
Facsimile of Signature of Don Pedro
Bautista Pino, Delegate from New Mexico
to the Spanish Cortes.
Facsimile of Signature of Don Carlos Beaubien.
Facsimile of Signature of Don
Nicolas Ortiz.
THE SPANISH ARCHIVES OF NEW MEXICO 449
the greater portion of the year does not furnish enough
water for one horse ; that the land has been considered as
commons for the people of Valencia, Isleta, Padillas, and
Pajarito, and for all others who have wanted to make use
of it ; and he concludes his report by saying that he there-
with transmits the report made by the justice of the peace.
Sarracino 's report is followed by the record of the action
taken thereon, on June 29, 1845, by the Departmental
Assembly, in which that body states that being convinced
by the prefect's second report, dated May 15th, that the
place of the Cabra spring had been considered as a part of
the commons of the pueblo and other places mentioned in
the report, it repealed the decree of the 14th of the pre-
vious March, by which the place had been granted to Don
Juan Otero, and declared the same to be null and void.
It also ordered that its action in the matter be communi-
cated to the governor, in order that he might notify the
parties in interest, and cause the same to be complied with.
On July 7, 1845, the governor issued his order that the
decree of the Departmental Assembly should be observed
in all particulars by the parties whom it concerned.
There are two other separate papers in this archive,
each referring to the proceedings above set forth. The
first is a communication dated June 2, 1845, from Ramon
Luna to the prefect of the district, in which he makes it
plain that, although he believes the Indians have always
owned the Cabra Spring Tract, he does not feel that he
ought to or can report on the matter until he has before
him the petition presented by the Indians, and the re-
port of the prefect in concurrence with the ayuntamiento.
The second of these papers is a fragment of the proceed-
ings of the Departmental Assembly on June 29, 1845, fol-
lowed by a rough draft of a letter of transmittal inform-
ing the governor of the action which the Assembly had
taken in the matter.
1382 OJO DE LA CABRA GRANT.
This archive consists of three papers, all of which have
to do with the Ojo de la Cabra Grant to Don Juan Otero,
the revocation thereof, and kindred matters.
The first of the three is a report of a committee of the
Departmental Assembly, dated September 28, 1845, and
signed by A. Duran and Sena.
It was called forth by a petition, drawn up in the in-
terest of Don Juan Otero, by his attorney, Don Manuel
Mufios, who evidently had argued that the tract of land
450 THE SPANISH AKCHIVES OF NEW MEXICO
known as the Cabra Spring Tract having been granted to
Don Juan Otero by the governor of New Mexico could
not be revoked by the Departmental Assembly of that De-
partment.
The committee is of the opinion that the grant was not
made by the governor, but by the Assembly, and assum-
ing the correctness of Muilos's contention that the
governor alone has the power to grant lands, suggests that
the only thing that can be done for the relief of Otero is
to present a new petition to that officer praying for a grant
of the lands in question.
The second paper is also a report of the same commit-
tee on the same subject, but dated one day previous to
the first report. It covers substantially the same ground,
and is followed by the action of the Departmental As-
sembly, signed by the president and secretary, approving
the report and returning it to the governor with other
papers in the case. The approval is dated September 28,
1845.
The third paper is an unsigned fragmentary report of
a committee of the Assembly in regard to the same mat-
ter. It ends with a recommendation that the assembly
adopt a resolution to the effect that the Cabra Spring
Tract shall not be granted to anyone, but shall remain, as
it had been from time immemorial, as common for the
settlements of Isleta, Valencia, Padillas, and Pajarito ; that
no appeal shall be allowed to Don Juan Otero or the na-
tives of Isleta on the subject of the dispute as to the di-
rect ownership of the tract; and that the resolution be
carried into effect as soon as it should reach the hands of
the governor.
1383 BEPORT of a Committee of the Department As-
sembly, dated April 29, 1846.
In regard to matters arising from the dispute as to the
ownership of the Cabra spring property. It appears that
the governor of the Department, on April 16, 1846, di-
rected an official communication to the Assembly, inclos-
ing a decree of the superior tribunal of the Department
of Chihuahua, referring to some action had in the su-
preme court of justice at Mexico City, based on a com-
plaint by Antonio Jose Otero, a citizen of Valencia, New
Mexico, that he had been violently dispossessed of his
property at the Ojo de la Cabra.
The report of the committee purports to give a full
history of the case, beginning with the petition of Otero
THE SPANISH AECHIVES OF NEW MEXICO 451
to the prefect of the Third district, on January 22, 1845,
and ending with the governor's approval of the revoca-
tion of the grant, on July 7, 1845.
It is stated also that subsequently the prefect was sus-
pended because of the bad faith he had exhibited in con-
nection with the matter.
The report concluded with an explanation of the causes
which have prevented the establishment in New Mexico
of the superior tribunal of Second and Third instance,
provided for by the supreme decrees of February 28,
and March 2, 1843.
The details of the controversy about the Cabra spring
property are much more interesting than important, in
view of the final disposition of this case by the United States
government. The claim based on this grant was rejected by
the United States court of private land claims on Novem-
ber 29, 1896. Subsequently, on May 22, 1897, it was ap-
pealed to the supreme court of the United States by the
plaintiffs, and that court thereafter dismissed the appeal,
January 18, 1899, mandate on file in the office of the United
States surveyor-general at Santa Fe, New Mexico, in cause
No. 167, C. P. L. C. the Ojo de la Cabra Grant.
1384 BARTOLOME LOBATO v. XPTOBAL DE AREL-
LANO.
Suit for the possession of an Apache slave. The petition
is addressed to the Marques de la Naba Brazinas, and the
order is signed by the Marques and by his secretary of
government and war, Alfonso Kael de Aguilar.
LIST OF GRANTS OR ALLOTMENTS OF LANDS
TO THE
PUEBLO INDIANS
WITH HISTORICAL, DESCRIPTIVE, AND OTHER
NOTES
JR. No. A PUEBLO OF JEMEZ.
Grant. 1689, September 20th. Made by Governor and
Captain-General Don Domingo Jironza Petriz de Cruzate.
Certificate by Don Pedro Ladron de Guitara, Secretary of
Government and "War.
It will be noted that this instrument was executed at
El Paso, where the Spaniards maintained headquarters
452 THE SPANISH AECHIVES OF NEW MEXICO
after the revolution of 1680, Governor Antonio Otermfn
and all of the Spanish colonists and inhabitants of New
Mexico having been driven out by the Pueblos in the
month of August of that year. At the time this grant is
supposed to have been made the Pueblos were still hostile.
Inasmuch as all the alleged granting instruments made
by Governor Cruzate are practically the same in wording,
I give this, which is in the words and figures and ab-
breviations following, to wit:
1689. En el Pueblo de Nra. Sa. de Guadalupe del Passo
del Rio del Norte en veinte dias del mes de Septe. de mil
seissientos y ockenta y nueva anos el Senor Gouer. y Capn.
Genl. Dn. Domingo Jironza Petriz de Cruzate dijo por
quanta en el alcanze que se dio en el reino de la Nueva
Mexco. de los Yndios Queres, y los Apostatas, y los Teguas
y de la Nation Thanos y despues de hover pele ado con
todos los demas Tndios de todos pueblos un Yndio del
Puo. de Zia llamado Bartolome de Ojeda que fue el que
fue el que mas se senalo en la vatalla acudiendo a todos
paries se rindio biedose huedo de un valazo y un Techas-
so, lo cual como dicho es mande que denajo Juranto.
declare como se alia el Puo. de Jemez que fueron
unos Tndios Apostatas de aquel reino de la Nueva Mexco.
pues fue el que le dio la muerte el Padre Fr.
Juan de Jesus Morador. Preguntado que si este Puo.
volvera en algun tiempo d Apostatarse como Ha sido
costumbre entre ellos y dice el confesante que no
que ya estd muy medio en temor, que aunque estavan
abilantados con lo que les havia susedido a los de
el Puo. de Zia el ano pasado jusgana que era inposible
ue dejaran de dar la obedienzia, por lo cual se consedio
por el Senor Gouer. y Capn. Genl. Dn. Domingo Jirenza
Petriz de Cruzate, los linderos que aqui anocto: para el
el norte una legua y para el oriente una legua y para el
poniente una legua y para el sur una legua midiendo
estas de las cuatro esquinas del templo que queda en me-
dio del Puo. assi lo proveyo, mando, y firmo su ssa. d mi
el presente Cecretario de Gov. y Ga.
DOMINGO JIRONZA PETRIZ DE CRUZATE.
Ante mi:
DON PEDRO LADRON DE GUITARA,
Sec. de Gn. y Guea.
A literal translation of which document is as follows,
to-wit :
1689. In this village of Our Lady of Guadalupe del
THE SPANISH AKCHIVES OF NEW MEXICO 453
Paso del Rio del Norte, on the twentieth day of the month
of September, in the year one thousand six hundred and
eighty-nine, His Excellency, Don Domingo Jironza Petriz
de Cruzate, governor and captain-general, stated that,
whereas, in overtaking the Queres Indians and the Apos-
tates, and the Teguas and those of the Thanos nation, in
the kingdom of New Mexico, and after having fought with
all the Indians of all the other pueblos, an Indian of the
pueblo of Zia, named Bartolome de Ojeda, one of those
who was most conspicuous in the battle, rendering assist-
ance everywhere, being wounded by a ball and an arrow,
surrendered, who, as formerly stated, I ordered to declare
under oath the condition of the Pueblo of Jemez, who were
apostate Indians of that kingdom, having killed their
priest, Fr. Juan de Jesus Morador. Being interrogated
whether this Pueblo would rebel in the future, as it had
been customary for them to do in the past, the deponent
answered no ; that they were very much terrified, and, al-
though they were concerned with the Indians of Zia in
what had occurred in the year previous, he was of the
opinion that it would be impossible for them to fail in
giving their allegiance.
Whereupon, His Excellency, Don Domingo Jironza
Petriz de Cruzate, granted them the boundaries herein
set forth : on the north one league, on the east one league,
on the west one league, and on the south one league, to
be measured from the four corners of the temple which
stands in the center of the pueblo. His Excellency so
provided, ordered, and signed before me, the present sec-
retary of government and war, to which I certify.
DOMINGO JIRONZA PETRIZ DE CRUZATE.
Before me :
DON PEDRO LADRON DE GUITARA,
Secretary of Government and War.
The Indians of Zia belonged to the Queres stock. The
battle referred to in this archive was fought by General
Reneros de Posada in 1688. The present village of Cia is
surrounded by ruins of old pueblos. Espejo says (1582)
"hallamos otra provincia quo llaman los Punames, que
son cinco pueblos, que la cabecera se dice Sia." Onate
calls them "el gran pueblo de Trta."
Jemez is north of Zia. Until about 1650, the Indians
of Jemez inhabited a number of pueblos along the Jemez
river. It is probable that ten pueblos were then occupied
by the Jemez. The pueblos of the Jemez were abandoned
454 THE SPANISH AECHIVES OF NEW MEXICO
after 1622 and re-occupied before 1627. Benavides,
Memorial, p. 27, q. v.
The revolution of 1680 began at Jemez, and the alcalde
mayor, Luis Granillo, sent word to General Garcia, who
lived near the site of the present city of Alburquerque, to
come to his aid. Garcia had only a very few men, but
with them he saved Granillo and the surviving priest of
Jemez, as well as the priest at the pueblo of Zia or Cia, as
this pueblo is generally called today.
The reference to what occurred at the pueblo of Zia
the year previous is the assaults on the pueblos of Santa
Ana and Zia in the year 1688 by General Reneros de
Posada, at the time acting governor at El Paso, who made
a dash into New Mexico and appeared before these vil-
lages, demanding their surrender; the Indians refused;
an assault was made, the villages captured, portions
burned, and some of the Indians were incinerated. It is
likely that this event occurred in 1687, because Reueros
de Posada says himself that it transpired on the 6th of
October of that year. It is difficult to reconcile this state-
ment as to the year and date with the several certified
statements made by Cruzate in 1689, every one of which
says that this battle occurred the "year previous." Ren-
eros de Posada was an officer under Cruzate. There is no
doubt that the pueblo of Zia was entirely destroyed by
Governor Cruzate, and that its destruction occurred later
than the making of this grant to the Jemez. Cruzate 's
battle at Zia was undoubtedly the bloodiest of all in the
re-conquest. Escalante says that this battle took place
in September, 1689; it is possibly so, but being in El
Paso on September 20, 1689, Cruzate would hardly have
had time to lead his forces as far north as Zia, and we
know that he was still in El Paso on the 25th of Septem-
ber. Grant to the pueblo of Pecos, q. v. Escalante says:
"Por Setiembre del ano siguiente entro D. Domingo
Gironza a la misma reducion de los rebeldes. Tuvo una
sangrienta batalla en el dicho pueblo de Cia, en que los
rebeldes se defendieron con tal valor y desesperado arrojo,
que muchos se dejaron quemar vivos sobre las casas por
no rendirse; el numero de Queres, asi del dicho pueblo
como del de Santa Ana, y de otros que vinieron de socorro
d los sitiados, que quedaron muertos en> esta batalla, llego
a 600 de ambos sexos y de diferentes edades. Solo cuatro
ancianos se cogieron vivos; en la misma plaza del pueblo
fueron arcabuzeados."
I have said that the Jemez abandoned their pueblos in
THE SPANISH AECHIVES OF NEW MEXICO 455
1622; this was done because of the wars and raids of the
Navajos. They came back in 1627, because of the protec-
tion guaranteed by Fr. Martin de Arvide. The celebrated
Fr. Zarate-Salmeron lived at Jemez in 1618.
There is an old church at Jemez; it was probably built
subsequent to 1627.
Barrionuevo, an officer under Coronado, was the first
Spaniard to visit Jemez; he was there in 1541.
There were two villages of the Jemez in 1680, because
there were two priests there, one of whom, Juan de Jesus
Morador, was killed.
Don Fernando de Arguello, governor, hung twenty-
nine of the Jemez on account of their having killed a
Spaniard. Governor Ugarte put down an incipient rebel-
lion among them. This was in 1650.
Fr. Juan de Jesus, killed in 1680, was murdered at the
pueblo of the Jemez known, among the Indians, as Oin-
seua, or San Diego de Jemez, close to the Jemez Hot
Springs. The one who escaped with Granillo was Fr.
Francisco Mufioz. The remains of Fr. Juan de Jesus
were found by De Vargas in 1694, exhumed and carried
to Santa Fe and buried with great ceremony in the parish
church. He fought a battle there in 1694; the Indians
offered desperate resistance, but eighty-four were killed
in the engagement, several of them perishing in the
flames of their burning dwellings; he took 361 prisoners.
See Autos dv Guerra De Vargas, July 23, 1694, fol. 60.
In 1696, they killed another frayle, named Francisco de
Casaus. The Spaniards again attacked the Jemez, and in
this battle, in which the Spaniards were led by Captain
Miguel de Lara, the Indian, mentioned in the grant to
the Jemez, Bartolome de Ojeda, aided the Spaniards and
led a part of the attacking force ; his war-like conduct on
this occasion was very distinguished. Forty Indians
were killed.
"With this archive is found a deposition by Don Don-
aciano Vigil, as follows:
"Donaciano Vigil, late Secretary of the Territory of
New Mexico, being duly sworn, declares that since the
year 1840, the period when he received the charge of the
public archives of the Territory of New Mexico there were
no title-deeds of grants made to the Indian pueblos of New
Mexico in the archives under his charge from that date
up to the present time. That, occupying the position
he did, as secretary as well as recorder of public docu-
456 THE SPANISH ARCHIVES OF NEW MEXICO
ments, and having had occasion to examine them very of-
ten, he had every opportunity of knowing if they were in
the archives or not. The said deponent further says that
the lands held by the Indian pueblos of Tesuque, Nambc,
Santa Clara, and San Ildefonso, were always recognized
as belonging to said Indians, by virtue of grants made
to them by the authorities of the Spanish government
towards the close of the seventeenth century. That from
time immemorial they have continued in the pacific and
quiet enjoyment of the lands they occupy without any
question being raised as to their legal right thereto.
"DONACIANO VIGIL
"Subscribed and sworn to before me, this 21st day of
June, 1856. WM. PELHAM,
"Surveyor General of New Mexico."
This affidavit is of importance (historically) for sev-
eral reasons ; Vigil was a very sagacious man ; he was well
read; took a pronounced interest in these state papers;
if anyone knew anything about them at that time he
did; when the office of surveyor-general was created in
1854, Vigil assisted in going over all of the old archives
which had been in his sole possession, for the purpose of
delivering to the surveyor-general those which were deem-
ed of importance in the administration of the affairs of
his office, which was done ; it was many years later when
the archives not so turned over to the surveyor-general
were supposed to have been burned and sold by Governor
Pyle. I do not believe that any were so burned or lost
that were of consequence; many were stolen and carried
off after Pyle 's time that is certain.
The grant to the pueblo of Jemez was confirmed by
the Congress of the United States, December 22, 1858.
The Don Pedro Ladron de Guevara who signs with
Cruzate was one of the Spanish officers who were driven
from New Mexico in the revolution of 1680. His full
name was Pedro Ortiz Nino Ladron de Guevara. [Note
that the archive shows "Guitara." There was no such
officer.]
E. No. B PUEBLO DE ACOMA.
Grant. 1689. Made by Governor and Captain-General
Don Domingo Jironza Petriz de Cruzate, September 20th.
This archive is somewhat lengthier and contains some
historical information not found in the archive, R. No. A
(grant to the Pueblo of Jemez}, so I will give it in full,
THE SPANISH AECHIVES OF NEW MEXICO 457
translated. As will be seen it is signed by Bartolome de
Ojeda, as well as by the governor and his secretary.
1689. In the village of our Lady of Guadalupe del Paso
del Rio del Norte, on the twentieth day of the month of
September, in the year one thousand six hundred and
eighty-nine, his excellency, Don Domingo Jironza Petriz de
Cruzate, governor and captain-general, stated that where-
as in the overtaking which was had in the pueblo of
Acoma, and the power which he has over the Queres In-
dians and over the apostates in New Mexico, he provided
that an Indian named Bartolome, who was the most con-
spicuous in the battles, lending his aid everywhere, and
surrendered, having been wounded by a ball and an ar-
row, and being already crippled, I ordered him to state
the truth, and declare in his confession the condition of
the pueblo of Acoma and that of the other apostates in
that kingdom, and as the Indian is well versed in the
Spanish language, intelligent, and can read and write, he
was examined before General Don Pedro Reneros de Po-
sada, who had returned from New Mexico, having been
at the pueblo of Acoma, and the maestro de campo,
Dominguez Mendoza, having also been called, in order
that the Indian, Bartolome de Ojeda, might give his name.
Having been asked if he is disposed to confess the truth
as to what he knew and about which he might be asked,
and having been asked his name, of what place he is a
native, his age and what office he has, and whether he
knows the condition of Acoma and Laguna, who are
neighbors, he said that his name was Bartolome de Ojeda ;
that he is a native of the pueblo of Zia, in the province
of New Mexico; that he is tw,enty-one or two years of
age, more or less; that he has had no other office than
that of soldier (warrior) and that he knows the condition
of Acoma and Laguna because he was an apostate in the
Province of New Mexico; and this he answered.
Having been asked how it happened that Laguna and
Acoma, being neighbors, disagreed so much, and how was
it that they had moved to the Penol, being such arrogant
Indians, and why had they left their pueblo, he responded
saying that the Acomas had moved to the Penol because
they were very proud and had moved to the Penol because
of the many wars these Pueblos had, one with the other;
and this was his answer.
Having been asked why it was that these Pueblos lived
near to each other, what agreement there was between
458 THE SPANISH AKCHIVES OF NEW MEXICO
them and why they disagreed, he answered that Laguna
moved close to Acoma because of the abundance of water
there was at that pueblo, but always for the purpose of
collecting the surplus remaining from the pueblo of Aco-
ma; and this he answered.
Having been asked what are the existing boundaries of
Acoma, and to how much is each pueblo restricted, he
said that the Prieto mountain is on the north, that the
Gallo spring is on the west, and that the Cubero moun-
tain is opposite the old pueblo of Acoma and that the
Penol is on the south side and that when the Indian Poc-
Pec (Po-pe) visited the pueblos he confirmed the above
because he is an Indian of the Tegua nation and a native
of the pueblo of San Juan, to whom all the land gave
obedience at the time of the insurrection, and was in com-
pany with Alonzo Catiti ; and Don Luis Tu-pa-tu, and
many other chiefs of those pueblos had declared that the
water belonged to the pueblo of Acoma, and that Laguna
was to collect the surplus remaining from the pueblo;
and this is his answer.
Having been asked if he knows any more than he has
stated, and if Laguna has any other defense to make con-
cerning the water, he answered that he had not ; that al-
though the pueblo had removed to the Penol it had not
lost its right to the water, and that the Laguna Indians
were not ignorant of the fact as it is notorious ; and that
what he has stated is the truth, under the oath which he
has taken, which he affirms and ratifies. This grant being
read and explained to him he signed it with his excellency,
the governor and captain-general, aforesaid, before me, the
present secretary of government and war, to which I cer-
tify. DOMINGO JIRONZA PETRIZ DE CBUZATE
BARTOLOME DE OJEDA
Before me:
DON PEDRO LADRON DE GUITARA,
Secretary of Government and War.
From this it will be seen that Reneros de Posada "had
returned from Acoma,;" that Bartolome de Ojeda had
been wounded with a ball and an arrow and was crippled,
had surrendered, having been conspicuous for his conduct
in battle, etc., why can we not harmonize the conflicting
dates as to the time when Zia was assaulted and destroyed
by the conclusion that this affidavit and deposition was
made AFTER the return from New Mexico to El Paso ? Mr.
Tipton's conclusion that it is spurious is the best solution.
THE SPANISH AKCHIVES OF NEW MEXICO 459
It does not necessarily follow when Ojeda says of the
Jemez "and although they were concerned with those of
Zia in what had occurred in the previous year" that he
had reference entirely to the battle fought by Posada ; he
may have had in mind the conduct of the several Pueblo
tribes "the year previous" in which those of his own
pueblo of Zia had a part.
It will be noticed that there are no ''granting" words
in this instrument, although it is declared to be a grant
"read and explained" to Ojeda.
The grant was confirmed to the pueblo of Acoma by
the Congress of the United States on December 22, 1858.
The three Indians mentioned by Ojeda Poc-Pec, Ca-
tit, and Tupatu were the leaders of the revolution of
1680. Poc-Pec is also and more familiarly known as
Po-pe. He was a native of San Juan and killed his son-
in-law just before the uprising, for fear that he would
make known what was going on to the Spaniards.
Don Juan Dominguez de Mendoza was lieutenant-gen-
eral under Otermm when the latter made his effort to re-
gain the Province. He had been an officer in the army in
New Mexico for many years prior to the revolt. He came
north in 1681 as far as Cochiti and had an interview with
Catiti, who professed regret for the events of the year
before.
On January 1, 1682, Otermin and the invading army
having retired as far south as Isleta, believing that they
could not hold the province with the force with them,
retired to El Paso.
Poc-Pec or Po-pe was an Indian of the pueblo of San
Juan. Catiti belonged to Santo Domingo, and Tu-pa-tu
was of the pueblo of Picuries.
Acoma is the "Hacus" of the Fr. Marcos. The present
pueblo, we may safely assert, was standing in its present
location in the fifteenth century. Acoma was only aban-
doned when the Indians went to the Penol. In all prob-
ability it is the most ancient of the pueblos of New Mexico.
It is said that the last settlement of this pueblo prior
to the one now occupied by them, was upon the celebrated
"Mesa Encantada," standing nearly in the center of the
valley in the southwest corner of which is the Rock of
Acoma. The Enchanted Mesa, it is claimed, was acces-
sible many centuries since; at some period entirely in
Acoma tradition dangerous crevices made their appear-
ance in the road to the top, and a large number of the
460 THE SPANISH AECHIVES OP NEW MEXICO
people left; those remaining were suddenly deprived of
the power to reach the plain, owing to a fall of the rock
and those died of hunger. This ancient pueblo was reached
by Mr. F. W. Hodge, in 1897, who made the ascent, where
he found enough remains to justify the tradition that a
pueblo had once stood on top of the rock.
The use of the water referred to by Ojeda was not only
for domestic, but for purposes of irrigation. These In-
dians understood the use of water for irrigation in pre-
Spanish times. It is true that corn and beans did not
necessarily require irrigation, as these crops grow and
mature on the high mesas today without water artificially
supplied. Around ruins, known to be pre-Spanish, evi-
dences of irrigating ditches are found. Espejo in his nar-
rative, says: "Y de todo esto hay sementeres de riego y
de temporal con muy buenas sacas de agua y que lo labran
como los Mexicanos." The Acomas did not raise cotton;
they bought it either from the Moquis or from the pueblos
of the Rio Grande.
The Spanish authorities, prior to the "grants" made
by Cruzate, never allotted any specific tracts of land to the
many pueblos in the Province.
Strange as it may seem, the Pueblo Indian, while known
as of sedentary habits, thought nothing of abandoning a
pueblo and building another in a different locality, and it
was doubtless the policy of Cruzate, in making these al-
lotments, to curb this tendency to move and ramble about.
I do not consider the word "sedentary" as entirely satis-
factory. It is true that they were agriculturists and built
permanent homes, i. e., permanent until something might
happen which induced them to move and change their
habitations; the great number of ruins are no index of a
great population ; one hundred Pueblo Indians were capa-
ble of building twenty-five pueblos (villages) in a century;
if by chance anything happened to his water supply,
forthwith he moved ; if his pueblo was sacked by enemies,
he built another, but rarely in the same place. All of this
finds abundant documentary proof.
The Pueblos have always contended that they hold their
lands by titles even superior to that of the United States
government, and that they are absolute citizens of the
United States, and have managed themselves and their
affairs for hundreds of years, having built up customs and
a local form of municipal government consisting of a vast
number of officials, each of whom has a special duty to
THE SPANISH AECHIVES OF NEW MEXICO 461
perform with regard to the management and control of
the internal affairs of the pueblos.
These views are referred to in some of the decisions of
the supreme court of New Mexico deciding Pueblo mat-
ters, as witness the following quotation from a decision
rendered by Kirby Benedict, chief justice, in the case of
De la vs. The Pueblo de Acoma, decided in 1857, viz:
"Having closed our view of the merits of this case, we
may be indulged in reflecting that of the highly interest-
ing causes we have had to consider and determine during
the present session, this is the second in which this Pueblo
has been the party complainant. The first keenly touched
the religious affections of these children of the Rock of
Acoma. They had been deprived by neighboring Pueblos
of the ancient likenesses in full painting of their patron
or guardian saint, San Jose. However much the philoso-
pher or more enlightened Christian may smile at the
simple faith of these people in their supposed immediate
and entire guardian of the Pueblo, to them it was a Pillar
of Fire by night and a Pillar of Cloud by day, the with-
drawal of whose light and shade crushed the hopes of
these sons of Montezuma and left them victims to doubt,
to gloom and fear. The cherished object of the venera-
tion of their long line of ancestors, this court permanently
restores, and by this decree confirms to them, and throws
around them the shield of the law's protection of their
religious love, piety and confidence. In this case the title
that Spain had given this people, confirming to them the
possession and ownership of their lands, and the rock up-
on which they have so long lived, was found in the hands
of one professing to be of a better instructed and more
civilized race, and turned by him into the means of ex-
tortion and money gathering from the inoffensive in-
habitants.
' ' It is gratifying to us to be the judicial agents through
which an object of their faith and devotion, as well as the
ancient manuscript, that is the written evidence that es-
tablished their ancient rights to their soil and their rock,
are more safely restored and confirmed to their possession
and keeping."
In early times the Acomas, among other ceremonial
dances, performed the Snake Dance, similar to the one
now given by the Moquis. Don Antonio Espejo saw one
of these dances at Acoma "Hicieronnos un mitote y
baile muy solemne, saliendo la gente muy galana y liacien-
462 THE SPANISH AECHIVES OF NEW MEXICO
do muchos juegos de manos, algunos dellos artificios con
vivoras vivas, que era cosa de ver lo uno y le otro."
The Indians of Acoma, under the leadership of a chief
named Zutucapan, conspired to kill Don Juan de Onate
at the time of his visit to the pueblo by enticing him into
an estufa. Onate declined to be trapped.
Later on these Indians had an encounter with Zalvidar,
a lieutenant under Onate, in which Zalvidar was slain by
Zutucapan; this fight occurred on top of the rock of
Acoma ; when Zalvidar was slain, five surviving Spaniards
fled to the brink of the mesa and leaped down, four of
them reaching the plain alive. Don Vicente Zalvidar, a
brother of Juan who had been slain, resolved to avenge
the death of his brother. In a battle which lasted three
days, the Indians were decisively defeated, the buildings
of the pueblo were partially burned, and hundreds killed
each other rather than yield to the Spanish arms. Onate
says that Acoma had about three thousand population
at this time, of whom only six hundred survived. This
battle occurred on the 22d, 23d, and 24th of January,
1599.
B. No. C PUEBLO OF SAN JUAN.
Grant. September 25, 1689, made by Governor and Cap-
tain-General Don Domingo Jironza Petriz de Cruzate.
The paper is signed by
DOMINGO JIRONZA PETRIZ DE CRUZATE.
BARTOLOME DE OJEDA.
DON PEDRO LADRON DE GUITARA,
Secretary of Government and War.
Ojeda says that this pueblo was the first to rebel in
1680. That all of the San Juan Indians were well versed
in the Spanish language and could read and write and
that at the time of the first conquest they had saved the
life of their missionary.
Additional evidence that Ojeda's affidavit is spurious.
In 1708, it is shown by a number of trials for witchcraft
that numbers of these Indians could not read or write.
This grant was confirmed to the pueblo by the Congress
of the United States on the 22d day of December, 1858.
The boundaries are: on the north, the Rio Bravo del
Norte, completing one league on both sides of the river,
measuring from the northern corner of the temple of the
pueblo on the east, and on the west one league and on the
south one league.
THE SPANISH AKCHIVES OF NEW MEXICO 463
The text of this archive is practically the same as that
of Archive R. No. A.
Almost directly opposite this pueblo is the place where
Don Juan de Oiiate established his capital in 1598, at the
place called San Gabriel del Yunque. Torquemada says
(Monarquia, vol. i, p. 672) : "Despachados Don Juan de
Onate, y los suios, para la Jornada del Nuevo Mexico,
siguieron su camino, en demanda de aquellas tierras, en
llegando a aquellas paries, tomaron posesion por el Rei,
en ellas, y el Pueblo donde Don Juan de Onate, Govei<-
nadvr, y Capitan General de esta entrada, hizo asiento y
puso su Real, se llama San Gabriel el qual sitio esid en
treinta y siete grados de altura del norte, y esta situado
entre dos rios, y con las aguas del menor de los $os, so
riegan los trigos, cevada y maiz . . . El otro rio es
grande, que ttaman del Norte, ques es de mucho, y muy
buen pescado."
The first irrigation ditch constructed by the Spaniards
in New Mexico was built by the colonists under Onate and
the water was taken out of the Chama river at this point.
The first capital of New Mexico was here, and because the
inhabitants of Yunque gave up their pueblo to the colon-
ists and settled in the pueblo of San Juan, across the Rio
Grande, they were known as the pueblo of San Juan de
los Caballeros.
The pueblo of Yunque was visited by nearly all the
earlier Spanish explorers or some of their soldiers and
captains.
The town of Chamita of today stands close to the old
pueblo of Yunque. I believe the place called "Pueblito"
across the river from San Juan is very close to the old
pueblo of Yunque; Pueblito is owned by Indians of San
Juan.
Onate moved the capital from this place to Santa Fe
about the year 1605.
The settlers of Santa Cruz at one time tried to obtain
a grant of the old pueblo of Yunque.
R. No. D PUEBLO OF PICUBIES.
Grant. September 25, 1689. Made by Governor and
Captain-General, Don Domingo Jironza Petriz de Cru-
zate, at El Paso. The archive is signed by
DON DOMINGO JIRONZA PETRIZ DE CRUZATE.
BARTOLOME DE OJEDA.
DON PEDRO LADRON DE GUITARA,
Secretary of Government and War.
464 THE SPANISH ARCHIVES OF NEW MEXICO
The text is almost identical with that of Archive R.
No. C. The Indians are declared by Ojeda to be of a very
rebellious spirit.
The boundaries of the grant are one league, north,
east, south, and west, measured from the four corners of
the temple situated on the western side of the village.
The grant was confirmed by the Congress of the United
States on the 22d day of December, 1858.
The Rio del Pueblo and the Rio Pefiasco unite about
a mile below the pueblo of Pi curies. This pueblo, so
far as inhabitants are concerned, is now a very small af-
fair. It is situate in a beautiful spot.
Tu-pa-tu, one of the leaders of the revolution of 1680
was a native of this pueblo.
The mission at this pueblo was called San Lorenzo de
Picuries. The priest who was murdered by the Indians
here in 1680 was the Rev. P. Fr. Mathias Rendon.
When the Indians made their attack on Santa Fe, dur-
ing the first day's fighting Otermm was successful, but
on the day following the Tehuas of the north and from
Picuries, led by Tu-pa-tu, arrived and Otermm retired in-
to the old palace, where he was under siege for five days.
The besiegers numbered over three thousand ; they burned
the church and the convent; also the chapel of San
Miguel. On the 20th Otermin determined, with his
small force, to make a desperate assault upon the be-
siegers; he did so, killing three hundred and capturing
about fifty, who, when their depositions had been taken,
were shot.
During the siege the Spanish loss was five killed, but
many were wounded, including Otermm. On the 21st it
was determined to abandon the city, which was done;
their departure was not disturbed by the Indians who
watched them from the surrounding hills. They marched
south by way of the pueblo of Santo Domingo, on the
Galisteo, where they found the bodies of three friars and
five other Spaniards who had been murdered.
The frayles whose bodies were found at Santo Do-
mingo were those of Fr. Francisco Antonio Lorenzana, a
native of Galicia; Fr. Juan de Talaban, custodio habit-
ual, a native of Seville, who had been a missionary al-
most twenty years and Fr. Joseph de Montesdoca, a na-
tive of Queretaro.
Facsimile of Signature
of Don Facundo Melgares,
Governor of New Mexico,
1818-1822.
Facsimile of Signature of
Colonel Antonio Narbona,
Governor of New Mexico.
Facsimile of Signature of
Don Francisco Sarracino, Gov-
ernor of New Mexico
Facsimile of Signature of
General Don Manuel Armijo,
Governor of New Mexico.
Facsimile of Signature of Govern-
or Francisco Xavier Chavez, 1822-23.
Facsimile of Signature of Colonel
Albino Perez, Governor of New Mexico
Facsimile of Signature of Don
Mariano Martinez, Governor of
New Mexico.
THE SPANISH AECHIVES OF NEW MEXICO 465
J. No. E PUEBLO OP SAN FELIPE.
Grant. September 20, 1689. Made by Governor and
Captain-General Don Domingo Jironza Petriz de Crazate,
at El Paso. The archive is signed by
DOMINGO JIRONZA PETRIZ DE CRUZATE.
BARTOLOME DE OJEDA.
DON PEDRO LADRON DE GUITARA,
Secretary of Government and War.
The text is almost identical with that of Archive R.
No. A. The boundaries as given are: on the north, the
Basque Grande which is toward the east, and on the east
one league, and on the west one league, and on the south
a little grove which is in front of a hill called Culcura,
opposite the fields of the Indians of Santa Ana.
The grant was confirmed to the pueblo of San Felipe
by the Congress of the United States December 22, 1858.
The San Felipe Pueblos were Queres. The present vil-
lage is not built upon the site of the ancient village. The
old pueblo was built at the foot of the mesa of Tamita.
In 1607, Fr. Cristobal Quinones was at this pueblo. He
built the first mission; he died there in 1609, and was
buried in the church which had been erected under his
supervision. In 1636, Fr. Cristobal de Quiros was located
here; he was father custodian of the Franciscans. The
Indians occupied the original site until three years after
the revolt in 1680.
When De Vargas came in 1692, he found them on top
of the Black Mesa, just above their present village. The
old ruin which one sees on top of this mesa, just after
crossing the big arroyo which comes down from Tunque,
is all that is left of the church which was built in 1694.
When Otermin and the refugees came down the Rio
Grande valley by way of Santo Domingo they passed by
this place. No frayles or Spaniards were murdered at
San Felipe in 1680; all of the Indians of San Felipe had
gone to Santo Domingo, where the missionaries referred
to in notes to Archive R. No. D lived; they served
Cochiti, Santo Domingo, and San Felipe; these Indians,
however, murdered many Spaniards between San Felipe
and the site of the present town of Algodones. As Oter-
min passed down the valley great numbers of the In-
dians watched them from the top of the Black Mesa.
There is nothing left of the old pueblo which stood at
the foot of Tamita. The Tunque arroyo has washed
466 THE SPANISH AECHIVES OF NEW MEXICO
everything into the Rio Grande. The confluence of the
arroyo with the Rio Grande is only a short distance above
the present pueblo.
The ruins on top of the mesa are quite extensive, al-
though the pueblo was not a very large one. The name
of this ruined pueblo is Katishtya.
In 1696, at the time of the second rebellion of the
Pueblos, a frayle from the neighboring pueblo of Cochiti
fled to this pueblo of Katishtya and was saved by the
San Felipe Indians from death ; his name was Fr. Alonzo.
There is a complete list of the frayles serving here from
1696 to date. The register is quite valuable; it is the
book showing the interments by this mission.
E. No. F PUEBLO OF PECOS.
Grant. El Paso. September 25, 1689. Made by Gover-
nor and Captain-General Don Domingo Jironza Petriz de
Cruzate. The archive is signed by
DON DOMINGO JIRONZA PETRIZ DE CRUZATE,
BARTOLOME DE OJEDA.
DON PEDRO LADRON DE GUEVARA,
Secretary of Government and War.
The exact wording of this archive is as follows:
1689. En el Pueblo de Nrs. Sa. de Guadalupe del
Passo del Rio del Norte, en veinte y cinco dias del mes de
Septe. de mil sessientos y ochenta y nueve anos, el Senor
Gouer. y Capn. Genl. Dn. Domingo Jironza Petriz de
Cruzate, dijo que por quanta en el alcanze que se dio
en los de la Nueva Mexco. de los Tndios Queres, y los
Apostatas, y los Teguas y de la nacion Thanos, y despues
de haver peleado con todos los demas Tndios de todos
pueblos, un Yndio del Pou. de Zia, llamado Bartolome
de Ojeda que fue mas se senalo en la vatalla a cudiendo
a todas paries, se rindio biendose herido de un valaso y un
flechasso lo cual como dicho es, mande que denajo de
juramto. declare como se halla el Puo. de Pecos, aun
queda muy metido a honde el sol sale y fueron unos Yndios
Apostatas de aquel reino de la Nueva Mexico.
Preguntando: que si este Puo. volvera en algun tiempo,
como ha sido costumbre en ellos, y dise el confesante que
no; que ya esta muy metido en temor que aunque estaban
abilantados con lo que habia susedo a los de el Puo. de
Zia en ano pasado jusgana que era un inposible que dejar-
an de dar la obediencia; por lo cual se consedieron por el
Senor Gouer. y Capn. Genl. Dn. Domingo Jironza Petriz
THE SPANISH AECHIVES OF NEW MEXICO 467
de Cruzate, los Under os que aqui anoto; para el norte una
legua, y para el orients una legua, y para el poniente una
legua, y para el sur una legua; y medidas estas cuatro Un-
eas de las cuatro esquinas del Puo. dejanda a solus el
templo que queda al medio dia del Puo., y asi lo proveyo,
mando y firmo su ssa. a mi el presence Secretario de gouer.
y guerra, que de ello doi fee.
DON DOMINGO JIRONZA PETRIZ DE CRUZATE.
BARTOLOME DE OJEDA.
DON PEDRO LADRON DE GUITARA,
Sec. de Gn. y Gua.
There is nothing left of this old pueblo today other than
the debris of the fallen walls; these are leveled to the
ground; the old wall which surrounded the pueblo may
be traced by the stones; the old church is also a ruin; a
portion of the walls remains. The last of the Indians of
the pueblo is still alive living at Jemez, where the few
remnants of the pueblo migrated in 1835. Disease and
attacks from the Ute, Apache, and Comanche destroyed
the people. Its name was Tshiquite and was first visited
by the Spanish officer, Hernando de Alvarado, in 1540.
Espejo visited it in 1583, and descended the Pecos river
from this locality. Castano de Sosa was here in 1590-91 ;
he called the Pecos river the "Salado." Castano as-
saulted the pueblo because the Indians had fought with
some of his soldiers who were on a scouting expedition.
It is not believed that Castano assaulted the large pueblo
of Pecos but one of the smaller ones, possibly that known
as Ruedas, which lies near Rowe station on the Atchison,
Topeka and Santa Fe Railway; this pueblo is just about
three-quarters of a mile from the Pecos river.
The church at Pecos was one of the finest in New Mex-
ico ; it is said to have had six towers at one time.
Francisco Vasquez Coronado visited the pueblo several
times; when he left the country for Mexico, one of the
Franciscan frayles remained behind at this place; it is
not known what was his fate ; he was doubtless murdered
by the Indians.
In 1680, these Indians revolted and killed their mis-
sionary, Fr. Domingo de Vera, who was a native of the
City of Mexico.
Fr. Ayeta, who escaped, being in Mexico at the time,
gives a list of the frayles who perished in the revolution ;
also some biographical information; the full list is given
468 THE SPANISH AECHIVES OF NEW MEXICO
in a funeral sermon delivered in the City of Mexico one
year after the revolt.
Four days after the revolt commenced the Spaniards
ascertained that five hundred of the Pecos and other east-
ern Pueblos were on their way to Santa Fe ; on the 15th
of August, 1680, these Indians were seen in the "milpas"
of San Miguel, in the neighborhood of the chapel of that
name, in the present City of Santa Fe.
One of the Indians, Juan, entered the city and told the
Spaniards they could no longer remain in the country;
they must leave or fight; Governor Otermin determined
to fight and began the engagement which lasted all day
and resulted in favor of the Spaniards.
The Pecos Indians say that they came from the south-
east, but their origin was in the north; they spoke the
same language as the Jemez and were their kinsmen.
Harrington says they were not.
The Pecos Indians were buffalo hunters and traded their
buffalo hides with the Pueblos living farther south and
west. The Pecos also bartered with the plains Indians for
hides, which they in turn traded with the Indians to the
west.
This grant to the Pecos Indians was confirmed by Con-
gress long after every Indian had left the pueblo. It is
now the property of D. C. Collier, who has given the
Archaeological School at Santa Fe a deed to the site of
the old pueblo and church.
With this archive is filed another which is a report
from a committee of the Territorial Deputation, ap-
pointed to investigate and report upon a petition filed
with the Deputation by the Indians of Pecos asking that
the Mexican settlers on the Pecos river be required to
vacate and restore to the Indians the lands which they
have taken.
Date, 1825. PINO [rubric]
ARZE [rubric]
BACA [rubric]
The name of this pueblo was Cicuye, which was prob-
ably the Tigua name for it. It was during the adminis-
tration of Oiiate that a mission was first established at
Pecos. Pecos was the Keresan name of the pueblo. In
the Sixteenth century they occupied several pueblos in and
adjacent to the Pecos river beginning at a point near the
present Pecos town and extending as far down the river
possibly as La Cuesta. It is claimed also that they had
THE SPANISH AECHIVES OF NEW MEXICO 469
a pueblo near the old Spanish town of Golden, in Santa
Fe county. The old ruins near Ojo de Vaca have not
been certainly identified as having been occupied by these
Indians, although living in such close proximity.
[o. E. G PUEBLO DE COCHITI.
Grant. 1689. Made by Governor and Cap tain- General
Don Domingo Jironza Petriz de Cruzate, September 25th,
at El Paso. Signed
DOMINGO JIRONZA PETRIZ DE CRUZATE.
BARTOLOME DE JEDA.
Before
DON PEDRO LADRON DE GUITARA,
Secretary of Government and War.
The text of this archive is practically the same as that
of R. No. A. :
The Cochiti were Queres. There are many ruins in the
Canada de Cochiti.
Close by is the celebrated Potrero Viejo. There is a
settlement of Mexican people in the Canada. The title to
the lands held by the Mexicans dates 1728, when a grant
was made to them by Governor and Captain-General Juan
Domingo de Bustamante. See this grant Merced de la
Canada de Cochiti in office of surveyor-general. The
Mexicans were always troubled by the Navajo until about
the time of the American Occupation. It was tempo-
rarily abandoned in 1835, owing to the Navajo attacks.
About a mile below the settlement are found the ruins
of the pueblo called Qua-pa. There is not much left to
this ruin, and from all indications it is much older than
those on the potrero. The Indians claim that their an-
cestors moved from Qua-pa to their present village in the
valley of the Rio Grande. It is believed that the ances-
tors of the Cochiti at one time lived and occupied the
dwellings and pueblos in the valley of the Rito de los
Frijoles. They were driven out of the Rito by the
Tehuas.
It is my opinion that the Queres of Cochiti inhabited
the Canada, as did also the Indians of San Felipe and
that it was from the Canada that they finally moved to
their present village. The oldest men of the pueblo have
told me this. De Vargas found the Queres of Cochiti
and of San Felipe and the Tanos of the pueblo of San
Marcos on the potrero in 1692. They also told him they
470 THE SPANISH AECHIVES OF NEW MEXICO
had come there because of their enemies, the Tehuas, Tanos,
and the Picuries.
It will be remembered that from the time the Spaniards
were driven out in 1680, there was a great period of hostil-
ity between these various tribes of the Pueblos.
This particular locality is very important in the deeds
of the reconquistadores under General De Vargas. The
present village of Cochiti was occupied as early as 1598.
Doc. de Indias, vol. xvi, p. 102. q. v. Vetancurt in his
Cronica says that it was located il al lado izquierdo del
Rio del Norte tres leguas de Santo Domingo." They re-
tired to the Canada when they received word that Oter-
min was on his way back to re-conquer the country. The
maestro de campo states, 1681, that an Indian told him
at San Felipe "Al qual le pregunto en su lengua por la
gente del pueblo, y respondio haberse ido huyendo a la
Cieneguilla, 6 Pueblo de Cochiti."
Mendoza was taken to task by Otermin because of his
retreat from Cochiti in 1681. Mendoza knew his force
was too small to risk a battle with these Indians and re-
treated to the pueblo of Puara, near Bernalillo.
When Otermin went back to El Paso in 1681, the pueb-
los were all re-occupied by the Indians in this vicinity.
When De Vargas visited them in 1692, they all prom-
ised to give in their allegiance, with which statements De
Vargas was satisfied.
When De Vargas returned to New Mexico, in 1693, the
people of Cochiti had not kept their agreement and were
still on the potrero along with those Tanos of San Mar-
cos. De Vargas fought several very severe engagements
before he succeeded in reducing these people. It was in
one of these that the Indian of Zia, Bartolome de Ojeda,
distinguished himself. The battle was fought on the 17th
of April. It was Ojeda that showed a new trail by which
the potrero could be ascended. Escalante, in his Re-
lation, p. 160, gives a detailed report of this fight; he
says: "Cayeron en gran numero y cercaron el pueblo,
pusieron a los nuestros en gran aprieto y coma los nues-
tros eran tan pocosa atendian y solamente a defender las
bocas calles del pueblo, y asi tuvieron lugar de huir ciento
cincuenta de los prisioneros; lo cual visto por los reveldes,
se retiraron juzgando que ya habian librado a todos sus
hijos y mugeres."
Escalante refers to a fight, in the nature of a surprise
to the Spanish troops, which occurred after the potrero
THE SPANISH ARCHIVES OF NEW MEXICO 471
had been gained and the Indians defeated. In this sur-
prise De Vargas lost 150 of his prisoners or "Chusma."
This was only about one-half of the Indians captured in
the fight of the preceding 17th ; this surprise occurred on
the 20th. De Vargas burned the pueblo on the potrero
before he left for Santa Fe and it was never again oc-
cupied.
No. H PUEBLO OF SANTO DOMINGO.
Grant. September 20, 1689.
Made by Don Domingo Jironza Petriz de Cruzate, Gov-
ernor and Captain-General, at El Paso.
The wording in this grant is practically the same as in
the others; the translation on file is very poorly done.
The archive is signed by
DON DOMINGO JIRONZA PETRIZ DE CRUZATE.
BARTOLOME DE OJEDA.
Certified before
PEDRO LADRON DE GUITARA,
Secretary of Government and War.
The boundaries as given are: On the north the
Lomas Pelados barren hills, near a rivulet running
from where the sun rises, and empties into the Rio Bravo
del Norte, and to the east some water which is said to
be the property of Alonzo Catiti, near a white hill of
alabaster, and to the west a little hill which is on the
bank of the dry bed of a stream and where there is a cave
on the south, to the side of a hill having the name of
Blanco, Pelado towards the east.
The Indians of Santo Domingo are of very pugnacious
disposition; they resent any interference, in any way,
with any of their customs or manners.
There never has been a time in the history of New
Mexico when the inhabitants of this pueblo may have been
considered tractable.
When the Atchison, Topeka and Santa Fe Railway was
built, the located line was surveyed and built through the
lands of these people in the valley of the Rio Grande;
being a community grant, there was no way in which the
title could be obtained by the railway company except by a
proceeding to condemn; this was done, the attorney for
the United States appearing for the pueblo ; a decree was
made and the company paid into court the sum of fifteen
hundred dollars for the right of way ; this money the In-
dians refused to accept and it remained in the custody of
472 THE SPANISH AECHIVES OF NEW MEXICO
the court for nearly twenty years, when Mr. C. J. Cran-
dall, Indian agent, persuaded the Indians to accept the
money.
At one time, some of the Indians of this pueblo were
constantly stealing ties, bridge timbers, and other material
from the railway company; they were caught, tried, and
convicted and sent to jail at Alburquerque ; this did no
good ; one day the governor of the pueblo, who was a very
honest man, said to the writer, who was attorney for the
company, ' ' the next time you catch any of the Indians steal-
ing the property of the company, try them before the jus-
tice of the peace, and if convicted, send them to me, not
to the jail at Alburquerque;" "they like to be sent
there," said he, "but I will show you how to break off
this thievery." In a short time two Indians were de-
tected, duly tried and convicted, and turned over to the
governor, who, having summoned his capitan de la guer-
ra, or chief of police, tied the Indians to a stake in front
of the kiva of the pueblo and proceeded to administer to
them one hundred lashes which were laid on with great
force ; there has never been any stealing of company prop-
erty since that time by these Indians.
The Indians of Santo Domingo formerly lived at a place
called Guy-pu-y, the ruins of which lie about five miles
south of the settlement of Pena Blanca, in Sandoval
county. These ruins are nearly two miles east of the
railway station called "Domingo;" they are upon the
bank of the Galisteo river. The waters of the Galisteo
(floods) destroyed the pueblo of Guypuy.
Castano de Sosa visited this pueblo and made it his head-
quarters; he says that it stood on the banks of the Rio
Grande. The pueblo of Santo Domingo which was visited
by Juan de (Mate, in 1598, stood very nearly where the
present village is situate. Otermfn when he left the
country, in 1680, also says that the village at that time
stood on the river bank, east side.
The first church built in Santo Domingo was built by
the Fr. Juan de Escalona, who was commissary of the
Order of Franciscans ; he died at Santo Domingo and was
buried in the church which he had built. The location of
this church building can not now be ascertained; it was
built in 1607 and has been washed away by the floods
from the Galisteo.
This village was visited by Major Pike in 1807 and by
General Kearny in 1846.
THE SPANISH AECHIVES OF NEW MEXICO 473
The Indians of Santo Domingo have always been averse
to the education of the children, particularly the educa-
tion provided for since the American Occupation. They
endeavor in every way to prevent an|y of the young
people going to the Indian school at Santa Fe or the one
at Alburquerque. It was always a difficult matter to get
any to go to Carlisle.
There is a government school at this pueblo which was
established in 1896. The attendance of children at this
school when it was first opened was very disappointing;
the "principales" would not permit any of the girls of
the pueblo to attend the school. The Indian agent, at that
time an army officer, visited the pueblo for the purpose
of an inspection and noticing that there were no girls at
the school, asked the governor why this state of affairs
existed; the governor replied, "Education might be all
very well for boys, but it wouldn't do for girls, who as
soon as they got educated wanted to run off. ' '
These Indians are great dancers ; they have a great feast
on the 4th of August of each year. When some of the
more religious dances are carried on they will not allow
anyone, not a member of the pueblo, to remain in the
village. They are also very much averse to having pic-
tures taken of any of their ceremonial dances, and by
force have driven persons off the pueblo lands who have
sought to take pictures, breaking their cameras if unable
to get rid of them in any other manner. They are very
jealous of the secret mysteries of their dances.
On the evening of the 3d of August church services
are held in the mission church ; this service is always well
attended by the Indians. The Indian women spread
handkerchiefs or towels on the adobe floor, upon which
they kneel, so that their neat clothing is in nowise soiled;
the men take off the head-bands which they usually wear
instead of hats. The walls of the church are decorated
with rude paintings of corn plants, some with birds
perched on the ears of corn; in several places one sees
rude pictures of the moon and stars and other symbols
understandable only to the Indian. The altar is very
crude and simple; its decorations tawdry, but they are
the best the Indians can afford.
On the 4th, it is the custom to perform wedding cere-
monies; at this service also women come in with great
baskets of bread which they take to the altar as an offer-
ing ; when the mass is over a procession is formed and the
