from the vicinity f this presidio of san antconi]o de conducted on [the matter of] don luis mariano...
TRANSCRIPT
Proceedings conducted on [the matter of] Don Luis Mariano Menchaca'
having exported from the vicinity f this presidio of San AntConi]o de
Bexar and villa of San Fernando to the province of Coahuila two hundred.
forty-three head [of cattle], fifty-three branded and the other one
hundred ninety orejanas, for which he has become obligated to be at the
court's disposal pending the lord commandant general's determination of
whom [cattle] of the latter type belong to, in view of an appeal.raade
by the owners of ranches on the arroyo of El Cibolo and the San Antonio
River; CMS added later:] by which reckoning he is indebted [in the amount
of] 380 pesos.
//v CBlank]
^
Seftor Governor and Commandant Inspector
of this province:
CI1, Luis Mariano Menchaca, a resident of this villa Cand7
first settler of the ranches of this villa and presidio, as is best
provided by law and amenable to my rights, do appear before Your Lordship,
beseeching you to grant me a license to take a herd of ore ana cattle
from those being rounded up on lands considered to be crown lands, between
the Guadalupe River and the arroyo of El Sibolo, with other [such cattle]
as I may add Cto that herd] from my branded cattle. As for orejano cattle,
I shall pay the duties prescribed in the license; wherefore
I beg and beseech Your Lordship to deign to grant me the license
which I ask, whereby I shall receive favor with justice; Cand I ask that]
you accept this Cpetition] from me on the present paper., as there
is none of the proper Ckind]. I swear in due form that I bear no malice.
Luis Mariano Menchaca[Rubric]
[A.L.S., 1 p., in E. 6/26/1782-11/24/17861
Decree I have seen the aforegoing application. Let the export
Clicense] requested be granted under the following
conditions, which are to be Cthese:] The first is that CMenchaca] must
pay four reales for each head of orejano cattle which he catches, //lv
consequent to what is prescribed in article 4 of the bando issued by the
lord commandant general of these Interior Provinces on the eleventh of
January, seventeen hundred seventy-eight , and promulgated at this
presidio on the twelfth day of the said month and year. The second is
Cthat Menchaca is] to guarantee.the results of this exportation at the
rate of twenty-two reales a head, which he is to ensure [payment of]
with bondsmen who are guaranteed according to law and who shall put up
real property known to my satisfaction, to be at the court's disposal.
pending the results of the petition which now.is in the court of the lord
commandant general, and which I sent to him in the month of February of
the past Csic] year seventeen hundred seventy-nine, in view of the appeal
made by several cattle raisers. The said bondsmen are to be Cselected]
from those who have not been Cbondsmen] to others who have taken the
said orejano cattle. [This is stipulated] because of the limited
capital of these areas and so that I may eschew the many incidents which
might arise pending what results may come from thecommandery general.
The third [condition] is that he is to.name a place close to this presidio
to gather and unite the said cattle, so that I may send a person to
count them, in order that he may, according to 2 their number, tender
the four reales which he must pay for each head of [cattle] of this type
and formalize the bond note on the above-expressed terms. As for the
taking of additional branded cattle which [Menchaca] seeks, he will be
granted [permission to do so] on the sole condition that one part is
to be of cows, another of bullocks, and another of bulls, the number of
which he shall present in order to obtain the corresponding permit and
also in order to make a record of the number of this exportation, which
is to.be placed in the book which is ordered maintained for that purpose.
An account is also to be kept of fees payable to His Majesty, and the
value thereof is to be placed in the chest with three locks designated for
will be made known to him by one of the attendant
witnesses with whom I act in the absence of a notary. [This is to be
done].for his information and to that he may know that he is to name
the bondsmen, according to.whether they are eligible at the time the
instrument of guaranty is to be made. Thus it is provided, ordered, and
signed by me, Don DomCing]o Cabello, Colonel in the Royal Armies, Governor
and Commandant of Arms of the Province of Texas, its Missions, Conquests,
and Frontiers, Captain of the //2v Cavalry Company of the Royal Presidio
of San AntConi]o de Bexar, and Inspector General of the Militia Corps
and Presidial Troops of the said Province by Commission Conferred by
the Lord Commandant General of the Interior Provinces of this Kingdom
of New Spain; at this Royal Presidio of San AntConi]o de Bexar, on
the twenty-sixth day of the month of June, in.the year seventeen hundred
eighty-two; before the attendant witnesses with whom I act in the absence
of a notary, doing so on this plain paper, as there is none stamped. This
I certify.
CabelloCRubric]
[Cross]Jose Pl'azido de Monzon
CRubric]Attendant Witness
Pedro Dias del Castillo[Rubric]
Attendant Witness
CD.S., 1-2v pp., in E. 6/26/1782-11/21+/1786]
Notification On the said day, month, and year, I, Jose Plazido
de Monz6n, one of the attendant witnesses with whom
the sCe7nCo]r governor of this province acts in `// the absence of a notary,3
in compliance with that which was ordered in thedecreeaforegoing,
did go to the house of Don Luis Mariano Menchaca and in person did notify
him of the preceding provision. Informed thereon, he stated Cthe following:J
He was prepared to pay the four reales belonging to His Majesty for each
head of orejano bovine cattle which he would gather in the places
mentioned in the above petition. To guarantee the [successful] results
of the exportation, he names as guarantor Don Macario Sambrano, a citizen
of this villaJand presidio. The place where he will unite the said
cattle will be disclosed on his return, for the purposes of which he is,
aware and of which he is advised. This is all he stated on the matter
of which he was to be informed. He signed Cthis statement] with.me,
as evidence whereof I place it in the proceedings.
CCross7Jose Plazido de Monzen Luis Mariano Menchaca
[Rubric] [Rubric]
CA.D.S., 2v-3 pp., in E. 6/26/1782-11/21+/17867
Decree Whereas Don Luis Mariano Menchaca, //3v resident of
this presidio.and villa, has acquired one hundred
ninety head of orejana cattle and fifty-three Chead] branded with the
brand of his father, Reformado Captain Don Luis AntConi7o Menchaca, which
Ccattle7 he is attempting to export to the province of Coahuila; let
him be informed that he is to pay the ninety-five pesos which is the.
amount of duties on one hundred ninety head of orejana cattle, and at
the same time let the guarantor whom he has named present himself, so
that he may in the appropriate manner formalize the guaranty of indebted-
ness, so that Cthe guarantor], with property which he has and will have,
may be at the court's disposal pending what results may occur through
the exportation of the one hundred ninety head of orejana cattle. When
all this is done, CMenchaca] will be given his permit for the two hundred
forty-three Chead] he has acquired. This notification is committed to
.one of the attendant witnesses with whom I act in the absence of a notary.
Thus it is provided, ordered, and signed by me, Don DomCing]o Cabello,
Colonel in the Royal Armies, Governor and Commandant of Arms of the
Province of Texas, its Missions, Conquests, and Frontiers, Captain of
the Cavalry Company of the Royal Presidio of SCa]n AntConi]o de Bexar,
and Inspector General of the Militia Corps and Presidial Troops of the
said Provinces by //4 Commission Conferred by the Lord Commandant<`General
of the Interior Provinces of this Kingdom of New Spain; at this Royal
Presidio of SCa7n AntConi]o de.Bexar; on the ninth ..day of the month of
July, in the year seventeen hundred eighty-two; before the attendant
witnesses with whom I act in the absence of a notary, doing so on this
plain paper, as there is none stamped. This I certify.
Cabello[Rubric]
[Cross]Jose Pl'azido de Monz6n Pedro Dias del Castillo
CRubric] [Rubric]Attendant Witness Attendant Witness
CD.S., 3-4 pp., in E. 6/26/1782-11/24/1786]
Notification On the said day, month, and year, I, Jose Plazido
de Monz6n, one of the attendant witnesses with whom
the lord governor of this province acts in the absence ofa notary, in
compliance with that which was ordered in the aforegoing decree, did go
to the house and lodging of Don Luis Mariano Menchaca and in person.
did notifyhim of the above provision. Informed thereon, he immediately
tendered in ready cash in hand.the ninety-five pesos in duties on the
catch of one hundred ninety head of orejanas. This amount I consider
received, so that it may be delivered to the aforenamed lord governor.
At the same time [Menchaca] stated that he would go immediately to
summon,his bondsman, who would effect the instrument of guaranty as
advised. This was all he stated on the matter. He signed [this
notification] with me, as evidence whereof I have placed it in the
proceedings.
[Cross]Jose Plazido de Monzen Luis Mariano Menchaca
CRubric] CRubric]
Instrument
CA.D.S., 4-4v pp., in E. 6/26/1782-11/23/17863.
At the Royal Presidio of San AntConi]o de Bexar
and villa of San Fernando, on the ninth day of
the month of July, in the year seventeen hundred eighty-two; before me,
Don Domingo Cabello, Colonel in the.Royal Armies, Governor and Commandant
of Arms //5 of the Province of Texas, its Missions, Conquests, and
Frontiers, Captain of the Cavalry Company of the Royal Presidio of
San AntConi]o de Bexar, and Inspector General of the Militia Corps and
Presidial Troops of the said Province by Commission Conferred by the Lord
Commandant General of the Interior Provinces of this Kingdom of New Spain;
[the following occurred:] Present in his own person, Don Macario Sambrano,
of this vicinity, whom I swear I know, appeared and stated that by the
present Cinstrument] he affords.secure guaranty in favor of Don Luis
Mariano Menchaca, of the same vicinity, for the value of one hundred
ninety head of orexanas which the said Don Luis is exporting from the
land in litigation between the citizenry here and the mission of El
CE7spCiri]tu SCan]to, at the presidio of La Bahia. The sum Cpledged],
at the rate of twenty-two reales for each head of the said orexano cattle,
amounts to five hundred twenty-two pesos andfour reales. The said
guarantor obligates himself, with his person and his property, which.he
has or will have, in case the above-named Don Luis himself does not make
satisfaction for the results [of the exportationa as determined on this
matter by the lord commandant //Sv general with respect to the plea
which has been made. The said guarantor hereby submits himself to the
force and jurisdiction of justice--as to all His Majesty's judges,
wherever they be, and especially to those of this villa--so that h
thus may be made to keep and comply with [his pledge]. 'Herenounced
his own fuero, domicile and community, and Cwaived] the law si combenerit
de juriditione omnium judicum and the general impediments to testimony;
in witness whereof he thus authorized and signed [this instrument] with
me, the above-named governor, and before the attendant witnesses with
whom I act in the absence of a notary, doing so on this plain paper,
as there is none stamped. This I certify.
DomCing]o Cabello JoseMacario SambranoCRubric] CRubric]
CCross]Jose Plazido de Monz6n
CRubric7Attendant Witness
Pedro Dias del CastilloCRubric3
Attendant Witness
CD.S., 4v-5v pp., in E. 6/;26/1782-11/24/17863
Consequent to the fact that, on behalf of Don
Luis Mariano Menchaca, the ninety-five pesos
belonging to His Majesty in duties on the catching of the aforesaid one
hundred ninety orejana head has been paid, let this amount be introduced
into the chest with three locks, designated for this purpose, and let
[a record] be entered in the book corresponding to the category of duties.
Since the amount of the value Cof the cattle] has been guaranteed in due
form at the rate of twenty-two reales a head, let the permit be issued
for the afore-mentioned one hundred ninety orexana head and for the
additional fifty-three branded Ccattle] which CMenchaca] is also taking
to the province of Coahuila. And let the entry on the number of the
said cattle be made in the book designated to contain the account and
record of Ccattle] exported from this province, so that these circumstances
may be evident for all time. Thus it is provided, ordered, and signed
by me, the aforenamed governor, Don DomCing]o Cabello; at this Royal
Presidio of San AntConi]o de Bexar, on the ninth day of the month of
July, in the year seventeen hundred //6v eighty-two; before the attendant
witnesses with whom I act in the absence of a notary, doing so on this
plain paper, as there is none stamped. This I certify.
Cabello[Rubric]
CCross]Jose.Plaz.ido de Monzon
[Rubric]Attendant Witness
Pedro Dias del CastilloCRubric]
Attendant Witness
CD.S., 6-6v pp., in E. 6/26/1782-31/24/1786]
Decree Don Luis Mariano Menchaca has paid the ninety-five
pesos' CdutyJ on the catching of the one hundred ninety
head of orejana [cattle] which he has exported to the province of Coahuila,
as evidenced in the decree aforegoing, while he. hasdefaulted from
paying the remaining sixteen reales [on each head] to complete the twenty
Creales7 at which each of the said cattle were evaluated according to the
lord commandant general's determination in [his] decree issued November 5,
1782 and published by bando July 13, 1783. This sum 7 amounts to three
hundred eighty pesos. [Therefore] let these proceedings be included in
the inventory of documents which are to be delivered to Senor Cavalry
Captain Don Rafael Martines Pacheco, on whom the governorship and commandery
of arms of this province of Los Texas has been conferred, at the time
when Cthe same] is done with the other CdocumentsIpertaining to.the
said government. [This shall be done] so that, in view thereof, he may
deign to order enforcement of the collecting of the afore-mentioned
amount, to be introduced into the chest designated for the safekeeping
of money belonging to this branch. Thus it is provided, ordered, and
signed by me, the aforesaid governor; at this Royal Presidio of SCa]n
AntConi]o de Bgxar, on the twenty-fourth day of the month of November,
in the year seventeen hundred eighty-six, before the attendant witnesses
with whom I act in the absence of a notary, doing so in this plain paper,
as there is none stamped. This I certify.
CabelloCRubric]
72CCross]
Jose Plazido de Monz6n Pedro Dias del CastilloCRubric] [Rubric]
Attendant Witness Attendant Witness
7v CBlank] U.S., 6v-7 pP., in E. 6/26/1782-11/24/17861