no. 165. expediente initiated by santiago de zuniga · no. 165. year of [17j88 expediente initiated...
TRANSCRIPT
No. 165. Year of [17J88
Expediente initiated by Santiago de Zuniga
regarding
a sum of money which he is claiming against Don Simon de Arocha, which
is deposited in [the amountJ of eighty pesos with Don Juan Martln de
Amondaraln, along with the proceedings to be adjudicated. Judge: the
governor of Texas, Don Raphael Martlnez Pacheco.
vII [BlankJ
//1
No. 9
Senor Governor
44
C1J Santiago de Suniga, a traveling muleteer and citizen of the
city of Guadalaxara, observing the necessary formality with the most
reverent attention, and as best conforms to law, appear before Your
Lordship and state that I brought several loads of flour into this
villa of SCaJn FernCanJdo and presidio of Bexar for the purpose of
selling. Of these, I sold nine loads to Don Juan Barrera, of this
community. He paid me its price in rCealeJs and an order of payment
of one hundred pCesoJs, which he issued to me against Don Simon de
Arocha, a citizen of this afore-mentioned villa. [WhenJ I presented
it to him, CArochaJ said that it was good and that he was prepared to
make effective payment of it (even if it were for a greater amount).
He would satisfy my CclaimJ at the fiestas in SaltCillJo of the proxi
mate past year of [17J87, to which arrangement I agreed. I informed
him that, in c'ase I could not get to said fiestas due to ~ome circum
stance which might arise, he was to deliver that sum to me as soon as
CheJ returned to this aforesaid villa. I consented to this, and he
assured me on his word Cof honorJ that he would do so. Since I was
unable to make the journey to SaltCilIJo--because I had to pick up
another shipment in Coahuila to bring to this same destination--and in
the belief that at any time that I asked for it, my money would be de
livered because it was in Cthe hands ofJ such a substantial person, I
did not demand its payment. I could have done that through a warrant
which would have been issued against Don Simon, because, senor [gov
ernor], if I had known that satisfaction was not to be made, I would
have made an effort to collect it. While I was waiting to be paid
He
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that legitimate debt, behold, Your Lordship, that on my way back from
the afore-mentioned [province ofJ Coahuila, I met said Don Simon, who
was on his way to that same [provinceJ, at the site of El Guajolote.
Illv
There I demanded to know about my aforesaid hundred p[esoJs.
told me that he did not have it at the moment, but that in case I was
thinking of buying some cattle, I should inquire as to the price for
which they would sell them to me at the missions, and that he would
give me the same [priceJ at his ranch. For this purpose, he gave me a
message for his son, Don Ygn[aciJo, and he also said that he would
write through the mail to have that debt satisfied, giving me the cat
tle at the price that they offered me elsewhere. Thus, I went to see
the reverend padre minister of the mission of La Espada, and talked
about buying some cattle from him. He asked me what price I would pay
for them, and I told him three p[esoJs, 4 r[ealeJs [a head] if they
were fat. He told me to go ahead 'with my mule [train] and then re
turn, giving me to understand that he would still sell them. But I
had made this offer only to find out at what price I would take [the
cattleJ from said Don Simon, having already bought [sicJ at over twen
ty rCealeJs a head, as I had the aforesaid Don Simon certify on a pap
er which is in my possession. I realize that I could demand that he
give them to me at this latter price, in accord with the promise which
he had made to me that whatever [priceJ I found, he would give [the
cattleJ to me at that same [priceJ. But neither is it my intention to
damage this gentleman, nor any other person, because my actions are
not [producedJ by such irregular ways of thinking. When I arrived at
this presidio, although I carried [Arocha's] recommendation to the
afore-cited Don Ygn[aciJo, his son, to deliver the cattle to me, I
46
thought it best to approach the senora, his wife, with it in the same
terms that I spoke to the son of the one against whom I have filed
this claim. 1 considered that she was the center [of the householdJ,
who could make more resolute decisions than could the aforesaid son
without written proof from his father. The aforesaid lady told me
that the amount of the afore-cited hundred p[esoJs would be satisfied
with the cattle, and that she would order her son to deliver them to
me under the same agreement that her husband had made with me. Be
lieving that I was now assured [of payment], I returned three days
later to receive those cattle, [only] to find that said lady had
changed her mind. She said to me, "My dear sir, the cattle cannot be
delivered at the //2 price which you seek, because the [cattleJ which
I have are not worth [justJ 3, 4, 5, or even 6 p[esoJs." With this,
she gave me to understand that I was to give a higher price, and
[thus] violated the agreement made with the aforesaid Don Simon, her
husband, which [she] had confirmed to me. By these capricious actions
and evasions, I realized, as will Your Lordship, that they only sought
to put me off and not pay me. I decided to suspend my [activities]
until said Don Simon de Arocha should return to this presidio. When
he did so, 1 went and explained to him all that had happened to me,
and that 1 have stated herein, with his wife and with my having en
countered a total failure to fulfill what he had promised me. There
fore [1 said that] I would appreciate his doing me the favor of [pay
ing] the money. To this charge, he told me, "Well, right now I do not
have it, nor [is there] anyone from whom to borrow it. Therefore, you
can come by my rancho, where I will provide the cattle at the price
you want." 1 again agreed to this, saying that 1 would take the
cattle at the price you want." I again agreed to this, saying that I
would take the cattle at the same price which I have stated. He said
that, of course, he accepted and that, so 1 should not be inconveni-
enced, I should go to the mission of S[aJn Jose, where 1 had my camp,
and wait there until his mules arrived. He was waiting so that, once
his men were rested, he could come with them to make the delivery,
which would be fairly soon. He told me the day that 1 should be pre-
pared to receive said cattle, and I gladly accepted, in the belief
that now there would be no further complications, and went off to my
camp. On the 28th of February of the present year, his son, Don To-
mas, arrived there to tell me that I should go, with his father's or-
der, to pick up the cattle which were to be delivered to me. With
this, 1 appeared at his rancho without delay, where 1 was only given 4
cattle, which 1 received at a price of 3 p[esoJs each, without having
payment of the rest, as I had been promised by my creditor [i.e, deb-
tor?J. I remained at the rancho, and his son told me that he could
not choose from the milk cows without his father's determination on
the matter. After having gone to consult with his father, said Don
2vTomas decided that after II Easter, I would be paid, as they came,
with the herd of cattle which they were going to round up. As of the
present, this has not taken place, not to mention many other incidents
which have befallen me and which 1 shall omit relating for now, so as
not to burden Your Lordship's attention. I shall only [mention themJ
when it is necessary to do so. I would point out to Your Lordship
that these misdeeds have wasted my time, to the detriment of the prof-
its which 1 could have made with my mules. [1 have] incurred expenses
which I also rightly charge to the afore-mentioned Don Simon de
48
Arocha, so that Your Lordship might compel him to satisfy the ninety-
three p[esoJs and two r[ealeJs which 1 have spent up to the present in
unavoidable expenses. This is evidenced by the account which 1 am
subrnitting with this, my petition, along with those which I may have
further on. I have informed said Don Simon that, if because of some
misfortune, I should suffer losses in my mule [tradeJ, he must satisfy
them to me until the final resolution [of the suitJ. Wherefore,
1 ask and most humbly beg Your Lordship to please to do as I have
requested, for in this way, I shall receive the favor of justice. I
guarantee [the payment ofJ costs, if that should be necessary.
[PleaseJ accept this on common paper, as there is none stamped. I
swear that [1J do uot act out of malice and [1 swearJ on whatever
[oathJ is necessary, etc.
Santiago de Zuniga[RubricJ
[D.S., 1-2v pp., in E. 5/14/1788-7/2/1788J
t
Expenses which I have incurred from the 28th of January to the
29th of April of this present year of [17J88, because I was waiting to
be given satisfaction for 85 p[eso]s owed to me by Don Simon de Aro-
cha, out of a hundred which were issued to me against him. He has on-
ly provided me with four cattle, which were given to me at 3 p[esoJs
each, and one female buffalo at three p[esoJs, which makes a total of
15 p[eso]s.
Expenditures which I have made:
First, to a servant of mine, named Jose AnCtonJio }de Soto, I have provided 18 p[eso]s which he ~o18
has earned from me during this delay .pCesoJs
Item, to Joie de Guadalupe, 6 pCesoJs for thesame delay which he shared with me ~ 006~.
Item, to AntConiJo Baldes, 14 pCesoJs because Iasked him to go with me to help prepare themeat ~ 015 ps.
Item, to Jose Hernandez, during the same Cde-lay?J, 3 pCesoJs, 4 rCealeJs ~ 3 ~. 4
Item, to Juan ManCueJl, 1 p[es]o, 4 rCealeJs ..... lJ 001 £2..
Item, to another hand named Pedro, 6 rCealeJs .... ~ 000
[TotalJ .... I!J 44 ~.
All of the [personsJ mentioned are the ones who will declare
4
6
6
whether or not this payment which I have made to them is true, such as
Jose Jose CsicJ AntConiJo de Soto and Jose de Guadalupe, muleteers who
accompanied me. Said Jose de Guadalupe went out voluntarily, as did
the rest of the natives of this villa whom I asked to go help me pre-
pare the meat of the cattle which said Don Simon de Arocha had prom-
ised he would give me. That never took place, and as a result, the
expenditures which I have stated were made, along with those which
follow here:
3 CfJanegas of corn, at 2 p[esoJs for eachfanega .
Item, ~ fanega of beans, for 3 pCesoJs .
Item, of the four cattle which he gave me towardthe payment of the afore-mentioned hundredp[esoJs, I charge him for 3, which, during mywait, have been consumed by my servants and me,at the same price of 3 pCesoJs for which hegave them to me, that is .
Item, I charge him for my own labors which I havehad in the
Carried overleaf .....
006 ~.
003 ~.
009 ~.
50
From overleaf..... ~ 62 [~.J 6
comings and goings, and the losses which I haveincurred d~ring this wait, 4 r[ealeJs everyday, which comes to... ~ 30 ~. 4
Total. . . . . lJ 93 £. 2
The sum of both parts appears to be ninety-five p[esoJs, twor[ea1eJs.
Santiago de Zuniga[Rubric]
[D.S., 3-3v pp., in E. 5/14/1788-7/2/1788J
[Ch. in h. J
San Antonio de Bexar }
May 14, 1788
[The foregoing petition] is presented and admitted in the terms
which it states. Let it be certified as befits the law, and in conse-
quence thereof, let it be forwarded to Don Simon de Arocha, so that,
within the period set by law, he may determine his legal [position].
Thus do I, Don Rafhael Martlnez Pacheco, captain of cavalry in the
royal armies, and interim military and political governor, for His
Majesty, of this province of Texas, provide, command, and sign, acting
with attesting witnesses in the absence of a notary, there being none,
and on plain paper because there is none stamped. This I certify===
Pacheco[Rubric]
Attesting [witness]Vizente de 1a Cuesta
[RubricJ
Attesting [witness]Jose Melchor Yanze
[Rubric]
51
[D.S., 3v p., in E. 5/14/1788-7/2/1788J
"Blank"
//4v [Blank]
/ / 5 CCh. in h. J
Senor Governor
[1J Don Simon de Arocha, commandant of the provincial militia of
this presidio and villa of SCaJn AnttConiJo de Bexar, according to law
and with the most reverent attention, in response to the petition
brought against me by Santiago de SUfliga--as is shown in the transfer
Cof documentsJ which was made to me, in three foxCaJs utiles and one
blank one, and which I return with the proper formality--do appear and
state that, in order to make patent the true facts in the mercenary
and unfounded case of said Suniga, I must destroy it part by part.
All the' references which he makes about what happened up to [the
meeting atJ the site of El Guajolote leave little to doubt, but the
questions we discussed there had nothing to do with my telling him--as
soon as I met him--the reasons why I did not have the hundred pesos
which I owed him, but [ratherJ that it was a good occasion, that I was
on my way to Coahuila, [andJ that he should decide whether I was to
leave Cthe moneyJ there, or at Rlogrande, or if I was to bring it
here. To this, he replied that he preferred the latter, since he was
coming ChereJ with the intention of buying cattle, in order to set out
with his mules loaded with dried meat and tallow, whereupon I told him
that if he wanted to do that, then I would repay him his hundred pesos
in cattle, for the same purpose, at whatever price he might get from
52
someone else. He agreed to this, and for that purpose, he brought
with him a message from me to my wife. Thus, in the manner in which
said Suniga explains this point, it seems that he is already trying to
cavil for the unjust gains which he seeks. //5vFrom this comes all
the rest [which isJ put forth in his petition. What [reallyJ occurred
was that my wife told him that she could not give him the cattle at
three pesos, as he wanted, because my cattle were very docile nursing
[cowsJ, and that it was best that he wait for me to return, so that he
could come to an agreement with me, or I could bring him his money.
It was clearly understood that I would not be long in returning, be
cause [my wifeJ was about to send for me by mail, as she was feeling
quite ill. He gladly consented to this, saying that he was accepting
that so that the two of us might make a deal, as we had agreed, and
that meanwhile, he would be busy gathering a quantity of pecans.
I found things in this state'of affairs on the 20th or 21st of
February, which was when I arrived here, [broughtJ by the urgency with
which my wife had sent for me, because of her illness. On the 22nd of
the same month, said Suniga came to me, promoting the deal without any
other person being present. We agreed that as soon as my men and sons
returned, whom I had working at the Guadalupe River (not those in Coa
huila, as he supposes), he should go to my rancho to receive and
slaughter--for dried meat and tallow--enough cattle to repay his hun
dred pesos at the price of three [pesosJ and four reales. It was un
derstood, as I declared to him, that it was a time when the cattle
were not fat,' as is well known, and that there were no [fat cattle],
even among the docile nursing cows, as far as my [herd is concernedJ.
As soon as the people whom I had at the Guadalupe River arrived
53
here, I sent word to [Zuniga] to go to my rancho for the drying of his
meat, while I made the corresponding arrangements for it, and it was
done thus.6Once ·[he was] there, they put II a quantity of my [cat-
tIe] in the corral for him. He liked no more than four of the cattle,
because they were not in the condition that he thought. He said that,
in order to take them, it would be at the price of only three pesos,
that they should start bringing him the herds, because he would
slaughter them as they came, and that meanwhile they should rent him
the milk cows for thirty days. To this, my son Tomas replied that he
did not have the authority to accept the proposition which he was mak-
ing, and that for that purpose, he would come to consult with me, as
he did.
At this point, I cannot help but say that, if Suniga did not want
to waste time nor put out the expenditures which he now comes charging
against me, he could very well have come with his people right away,
without waiting any longer, to demand his prompt payment. But it is
clearly seen that he always had the intention of getting twice the
amount of his hundred p[eso]s, as he is attempting [to doJ, because he
delayed until the following [thingJ happened to me, beyond my control.
The aforesaid muleteer remained at my rancho, and Tomas, my son,
came to see me, as has been said. I gave him orders to go and make
sure that this man was satisfied with the best cattle that could be
rounded up, even if it were at the cost of a great deal of effort. As
for the milk [cowsJ wnich he was seeking, [I told himJ that, in view
of [the fact] that the [milk cowsJ on my rancho easily produced at
least two p[esoJs [of milk] per day, he should ask [Zuniga] for eigh-
teen p[eso]s for the thirty days, or fifteen [pesosJ, so that with
this low price, we would reciprocate for his waiting for us.
With these instructions from me, my afore-cited son, Tomas, re-
turned to my rancho. He made an agreement with Suniga whereby he
would rent him the milk [cows] for forty days for fifteen p[esoJs, so
that during that time he might receive the full number of cattle which
he was to slaughter. He did not milk [themJ more than ten days, and
not consecutive [daysJ, but whenever he felt like it. ·He did not ful-
fill the agreement which he made with my son. What he did was to come
whenever he wished, after two occasions in which cattle were enclosed
for him in the //6v corral, including [even] other [owners'] cattle
which was on hand, and he did not like a single one. By this, it was
clear that he was only working on a scheme to come and make the charg-
es against me. There is no doubt that this individual was already
thinking about [the chargesJ with an ulterior motive and to [hisJ ad-
vantgage, since we'met at the site of El Guaxolote, for the reasons
which I shall state below in proof thereof.
The first is the ease with which he accepted the first herd which
I cut out of the cattle on my ranch, despite [the factJ that I told
him that it was a season when they were not fat.
The second is that, in view of this defect of the cattle not be-
ing very fat, as I told him, he could have told me to bring his hun-
dred p[esoJs from Coahuila, without fail.
The third is his malicious statement that my wife had told him
that she would not give him the cattle at three, four, five, nor
[even] six pesos, when what was offered to him was what I have stated
in the second article of this document.
The fourth reason is [the factJ that, even had it been so (and it
55
was not), he could have told my wife to write me, that I should bring
him his hundred pesos, especially since I was to return soon.
The fifth is the reference which I make in the fifth article of
this document in order to counter the unfounded costs which he has in-
vented.
The sixth is [the fact] that he had agreed to return to my rancho
to process his meat, on the condition[s] that I was to go [thereJ per-
sonally, and that he was to be given the milking for free. For this
purpose, I sent my men out ahead of time to round up the cattle,
wherein I encountered some problems, and three days later he informed
me that he was no longer going because he could not find peones to go
and help him.
The seventh is [the fact] that, at an oral hearing, he did not
wish to accept the eighty pesos which, in your presence, I counted out
for him //7 in cash on the table and which are currently deposited un-
der the care of the alcalde, Don Juan Martln de Amondaraln, by your
order, so that with them, and the twenty which he had [already] re-
ceived, the hundred [pesos] which lowed him would be paid, and [weJ
would not go through the imagined delays for which he is suing. The
twenty pesos represent four cows, at three [pesos]; one female bison,
at three Cpesos]; one fanega of corn, at twenty rCealeJs; and three
pesos, two rCealeJs for ten days of milking which he managed to do.
The eighth reason is that he also refused to accept the herd
which I rounded up later for him, whereby, if he would wait for me
until the end of the coming Cmonth ofJ June, I would then give him one
hundred thirty pesos, in addition to the twenty which I had given to(
him, in accordance with what I have stated.
•
56
The ninth is that, in order to accept this latest herd, [Zuniga]
had insisted that I should make him a conditional obligation that if,
by some accidental contingency, a delay should arise in the payment of
the one hundred thirty pesos, then I was to satisfy him for the costs,
setbacks, and losses, and not [just] the regular assets, as provided
by law. For this reason, I decided against signing the obligation
which he brought already set forth for adoption.
Finally, the tenth reason is that the malicious intent of this
individual is clearly seen when, in his complaint, he makes no specif-
ic reference to the price or the time [period] upon which we agreed
for the cattle, nor to the agreement which which [sic] he made {with my
son, Tomas, which he himself sought. Rather, he comes [seeking] to
acquire legal [advantages], making charges in very obscure and ambigu
ous terms, in order to cloud whatever the truth may be. To this, I
must add that it is a most certain [fact] to several persons of conse
quence, and well known to all, that since my return from Coahuila, I
have had no other purpose, care, and activity than that of finding out
how I was to pay this ill-contented man, who, because of the scarcity
of money which [we] were experiencing at this capital, and because [1J
could not obtain any when his hundred pesos were issued against me,
has thought of //7vnothing else but trying to reap considerable prof
its from them. [Zuniga] shows this in the malicious statement which
he makes at the end of his petition, because, when he brought up [the
question ofJ the losses he might'suffer in his mule [tradeJ, 1 told
him that he should not wait around because of me, [andJ that he should
take his money and go wherever he needed [to goJ. Therefore, what he
has stated is refuted.
•
57
1 must humbly beg you for justice, whereby you will please to
compel the aforesaid Suniga to accept the said eighty pesos which are
on deposit, so that with them, and the afore-mentioned twenty [pesosJ
which he has received, he may be totally paid for the hundred [pesosJ
which lowe him. Consider his complaints as the product of ulterior
motives, which they have been shown to be by everything which 1 have
stated--which is the truth--and in the oral hearings, which are pub-
licly evident. Wherefore--
Otrosl, in all humility, 1 beg you to deign to decree what 1 have
asked, accepting this, my document of reply, on the present plain pa-
per, as there is not any with a stamp on the frontier. 1 swear in due
form that [1J do not act with malice, and [1 swearJ on whatever [oathJ
is necessary, etc.
Simon de ArochaCRubricJ
[D.S., 5-7v pp., in E. 5/14/1788-7/2/1788J
[Ch. in h.J
San Antonio de Bexar }
May 21, 1788
[The foregoing documentJ is presented and admitted in the terms
stated therein. Let it be certified, as befits the law, and forwarded
to the claimant party, so that within //8 the usual period granted by
law, he may determine the [legal rightsJ which are his. Thus do 1,
Don Rafhael MartClneJz Pacheco, captain of cavalry of the royal ar-
mies, and interim military and political governor of this province of
Texas, provide, command, and sign, acting with attesting witnesses due
58
to the lack of a notary, for there is none, and on plain paper, as
there is none stamped. This I certify===
Pacheco[RubricJ
These proceedings were delivered
to the above-mentioned claimant,
Zuniga, in seven foxCaJs utiles,
for which he issued a receipt,
in evidence whereof I placed
this note with my rubric.
CRubric of Martfnez
PachecoJ
Attesting [witness]Vizente de la Cuesta
[Rubric]
jj8v [Blank]
[Ch. in h.]
[N.R., 8 p., in E. 5/14/1788-7/2/l788J
Attesting [witness]Jose Melchor Yanze
[Rubric]
CD.S., 7v-8 pp., in E. 5/l4/1788-7/2/1788J
t
Senor Governor
Santiago de Suniga, appearing before Your Lordship's tribunal and
claiming one hundred seventy-eight p[eso]s, two rCeale]s from Don Si-
mon de Arocha, states that he has seen and carefully read the preced-
ing document, issued in reply to the first one. It being necessary
for me to argue my rights, I stat~ and declare that, although I am
called a cavilling mercenary for collecting what is rightly mine, it
59
seems that said Don Simon does not give sufficient or justifiable
proof to discredit that debt. (Although not absolutely,) he refuses
to pay it, attempting to promote an amount which is [next toJ nothing.
With regard to the first proposition which he states--and to
which I make a counterclaim--that he gave me a message for his wife,
it is true that he did so, including his son [as wellJ, as I have de
clared in my first statement, and that they agreed to give me the cat
tle before Don Simon returned from Coahuila. Three days later, the
senora, his wife, had changed her mind about the agreement which we
had made, telling me that their cattle were not worth three, four,
five, nor six p[esoJs, as I have stated. Besides this, let his afore
said wife and son, as interested parties [of the defendantJ, say that
this is not deception, and [you will] see how they back down.
With regard to the second [propositionJ--that [Arocha] told me
that as soon as his mule drivers returned from Coahuila and rested, he
would pay me in the same fashion that I have stated--I regret that I
did not have some person to witness it. Nevertheless, since I did not
believe there would be any complications, I proceeded without any
[such] guile as can be perceived in said Don Simon when he brings up
[the fact] that no [otherJ person was present. Thus it appe~rs, from
what he states about my never having made this agreement, that he is
doing it so that I could never prove it against him.
I have noticed that he declares in his statement that he agreed
to deliver the cattle to me at three [pesosJ, four r[eale]s. Could
someone tell me why this low price [was offered] if such an agreement
had not been made?
With regard to the third [propositionJ--where he says that he
60
sent for me to come to his rancho for the drying of my meat--it is
true that I did so with //9v hired hands, whom I took in the belief
that I would not 'be deceived. [But] that is what happened, when [Aro
cha] defaulted on the chichiguo cattle upon which we had agreed at the
price of three p[eso]s, four r[ealeJs. Instead of giving me those,
they prepared some for me from among the really inferior 9rejano [cat
tleJ. When I asked his son, Don Tomas, what cattle those were for me
to take, he replied, "My friend, there are no more than six reasonably
[good cows] among them." I took only four of them, because the rest
were useless, and informed said Don Tomas that I would buy them at
three p[eso]s, since they were not [in the condition] that had been
promised to me. He agreed to this. Thus, if they had been [in the
condition] that we had agreed upon, he would not have allowed me to
take them at that price of three p[eso]s, but at the [price] of three
p[esoJs and four r[ealeJs.
Upon seeing the setbacks which I was suffering from so many de
faults, senor governor, I had to ask them to rent me the milk cows for
forty days, paying them fifteen p[esoJs, as we agreed, for no other
purpose than to remain there to collect the cattle which [they] prom
ised to provide to me as they came along, and [in order] not to keep
making trips in vain. And seeing that, after ten days of working at
the milking, I had not received a single animal--but rather had been
charged the diezmo for said milking--I thought it best to tell [Aro
cha] that I would not continue, because he was totally ignoring me.
Furthermore, this was not the agreement we had made, and I had my
hired [menJ there idle, just waiting for the cattle. After that, I
sought to take a cow from among those belonging to his son, Don
61
Fran[cisJco Arocha, from whom I requested it as part of the account
which his father owed to me. He told me that he could not provide it.
[This wasJ probably because it was in good [conditionJ, for when they
went to bring [a cowJ for the lord commandant, they looked diligently
for the one which I wanted, and which they had put in hiding. That
would be so that I could not take it, because if they refuse me just
one [cow] which I wanted, why would they not deny me all the others
that there might be? [This isJ clear proof that they were only trying
to make me collect my payment from the worthless [cattle].
The second time that cattle were brought to me by his foreman,
Manuel Soto, and Juachln Leal, son-in-law of the afore-mentioned Don
Simon, they were so much worse than the first [herdJ that it was im
possible for me to receive them. There were [just] three novillitos
from two to three years [of age and] three small cows, which were not
even breeding cows. Regarding these, the foreman told me, "The cattle
which you see here do not belong to my master," and it can be supposed
that they did not, when one considers that they told me that the hand,
Ant[oniJo Valdes, whom I had with me, should not come to their corral,
because he was the one who revealed the truth to me about the cattle
which I never //10 got. In addition, they gave orders that this hand
should not set foot on the rancho, for no other purpose than [to see]
that he did not witness and protest on my behalf. Although they
clutched at the pretext that he was a bad man, this can hardly be be
lieved in [light of] the fact of their seeking him to work for them.
Don Simon de Arocha stated that I could very well have come back
with my men, but that I wanted to run up expenses (certainly a bold
fabrication), when [it wasJ only for his delaying [tacticsJ--with his
62
"today, or tomorrow, or the day after tomorrow, I shall bring you the
cattle"--CthatJ I was to be put off, and would have been put off if,
out of sheer boredom, I had not returned, as I did, with the now back
breaking expenses, which I had, all because of that deceit which I
have mentioned.
The aforesaid Don Simon de Arocha also says that I accepted the
first herd of cattle which he offered me and which he informed me was
not fattened, but was in reasonable [conditionJ? [This isJ clearly
nonsense, because he had brought worthless [cattleJ.
As for his argument which says that I could have arranged with
him to have him bring my hundred p[esoJs from Coahuila, I do not know
on what basis he burst out with such a thing, when I gave him no other
instructions than to bring [the pesosJ to me without leaving them in
that afore-mentioned province, in case I should need to leave from
here with my mules unloaded. In this way, wherever we might meet, I
could rescue them, perhaps, without having to come back for them. I
explained this to my mule drivers--who will verify the same--as well
as to a soldier who was accompanying [Arocha?]. He will provide his
name, which I do not know since I am not acquainted with him.
I could hardly have told his wife to write him to bring me the
hundred p[eso]s, when I myself told him to do so. As regards the no
tion advanced by said Don Simon de Arocha, that the expenditures which
I have made in the very process on which I am basing [my case] are
without foundation, it appears that they are nothing [compared] to
the ones which I must now make.
With respect to what he says about having agreed that I should
return to his rancho to prepare the meat, and that I was to be given
63
the milking for free--for which purpose he dispatched men beforehand
to gather the cows (a truly arrogant fabrication)--CI say thatJ after
three days, I told him that I could not go, because I could not find
enough men to help me. In addition, I was held back from it by that
distrust created in me by the voices of the people, who said, "Where
are you going, you poor man? They are deceiving you hopelessly, for
//IOv you do not realize that, after all that has happened and the
setbacks which you have suffered, they might stall and deceive you
again, as Cthey haveJ up to now. When you wake up, the losses which
you are suffering will be irreparable, and you might even end up with
out your mules."
This reason, senor governor, and [the fact] that I perceived for
myself the design against which others were warning me, led me to make
only a feeble effort to find men to .go and help me with this roundup.
I decided [insteadJ that I should be given my money, plus the costs
which I had incurred. This was not accepted, and because of this de
nial, I found it necessary to come before Your Lordship's tribunal
[and file suitJ against the afore-mentioned Don Simon de Arocha. As
soon as he saw the general [legal impediments to testimony, ArochaJ
showed up at my camp and, in the presence of my sabanero, he proposed
a deal, offering me one hundred forty pCesoJs, one or two cattle for
good measure, and a little bit of corn, which he donated. I did not
accept this proposal, [which wasJ advantageous to him and counter to
my [interestsJ, but, ignoring my rights, and at the same time [seek
jngJ to avoid prosecuting a law suit, I decided to write him a docu
ment telling him that [if] he gave me one hundred fifty p[esoJs cash,
all claims would be ended.
,.
••
64
The result of this was that he replied to me through his son, Don
FranCcisJco, saying that he would pay it, but that twenty pCeso]s, six
rCeale Js ffillSt be deducted, [which was J the cost of the four cows, one
fanega of corn, etc. [It isJ an amazing circumstance--worthy of every
attention!--that, when he came to seek a deal, offering me the one
hundred forty p[esoJs, with one or two cattle and corn, he should
change his ~ind so as not to deliver the money right away. It seems
that what he was offering to give me would total the amount of the one
hundred fifty ~[esoJs that I wanted him to give me in r[ealeJs of
cash.
With everything that had taken place, I could hardly have re
ceived the eighty p[esoJs which the aforesaid Don Simon de Arocha was
to give to me in Your Lordship's presence, since it was neither just
nor admissible that I should accept that sum, when in the presence of
the senor parish priest of this villa, we were finally to make an
agreement that I myself would make an arrangement at my pleasure to be
paid one hundred thirty p[esoJs in the villa of Saltillo, and that he
would sign it for me in evidenee thereof. I again consented to this
//11 in order to extract myself from these labyrinths and his deceit
ful ways of diverting me [from my purposeJ. Having done so, in order
to be sure, I presented it to Your Lordship, so that [ArochaJ would do
as he had promised. Seeing that he has not done so, Your Lordship,
[in your] just rectitude, will please to ask the aforesaid senor
priest to certify what he knows and can confirm abput the particular.
Additionally, Your Lordship will order Josse Ant[oniJo de Soto
and Josse Hernandes to appear before your court so that under reli
gious oath they may be closely examined according to the following
,
65
interrogatory, and may tell what they know and have seen to be true.
First, [let them say] whether they were asked by me to go and help me
to prepare the meat at the rancho of Don Simon de Arocha; item, let
them say if they know that no more than four cattle were slaughtered,
and for what reason the others were not slaughtered; item, let them
say how much I paid to each of them, and how long they were delayed
there with me, waiting for those cattle to be given to me; item, [let
them say] whether they know what number of cattle they brought to me,
and what their condition and type were; item, [let them sayJ if they
know whether I was deceived in some way by Don Simon de Arocha, by his
wasting of my time [and] his failure to deliver the cattle; item, [let
them say] if they know why I have remained so long at this place.
Your Lordship will also please to issue a summons for one who has
disappeared from this place, Ant[oniJo Valdes, who I think is at La
Bahla, so that in the same fashion he may also be examined like the
first ones whom I have mentioned, because he is one of those who have
witnessed several of the incidents here related. And according to
what these [witnesses] may state, and what the aforesaid senor priest
may certify, Your Lordship will become aware of the real facts, and
that all that I have stated is true.
To everything which I have stated, I must add [the factJ that by
now I have lost my credit--with the unexpected delay which I have had
--because of the obligations which I was committed to satisfy to my
creditors outside the territory. It is natural for them to presume
that I have suffered some loss because of this business which has not
developed. Furthermore, given the fact that 'the money owed has not
been presented, as the time for making my payment draws near, it is
,
•
66
natural that [my creditorsJ would charge whatever interest they might
please, for my having failed to satisfy [my debtsJ.
This is all that I· have to state at this time, and it only re-
Illlv
outmains for me to point to Your Lordship that as a consequence
--because the afore-mentioned Don Simon de Arocha did not honor the
agreements which I had accepted in order to avoid the further costs
and deceitful conduct which I have suffered in this latest delay--in
addition to those [costs] for which I have charged him, I now charge
him for those of the present and those which I may have later on. [My
chargesJ are, first, that said Don Simon should insure [the safety ofJ
my mules, which are [exposedJ to the great risk of being carried off
by the Indians from one day to the next, while this matter is being
settled; 2nd, that he should pay me eight p[esoJs, four r[ealeJs per
day, from the seventeenth of the proximate past month of April, for
seventeen mules which I have [standingJ idle, [since,J being involved
in these efforts, I am unable to be [workingJ with them, either in my
territory or elsewhere, and this missed [opportunityJ and loss to me
results, and has resulted, from the failure of said Don Simon de Aro-
cha to deliver my money; [and] 3rd, that he should also pay me the
cargo fees for sixteen mules, from here to the real of Los Alamos,
which I lost because of him, as I shall prove with Don Francisco
Flores, a resident and merchant of this villa, and my sabanero, Josse
Antonio de Soto. They know for a fact that a brother of the former
had asked me to make [the haul, but] I was unable to accept, as I was
prevented from it by the failure of said Don Simon de Arocha to deliv-
er my money. He should be liable to me for that cargo fee, at a rate
of sixteen p[esoJs for each mule, which is what is charged from this
67
place to Los Alamos.
It appears that with one charge and another, the total amounts to
six hundred ninety-five p[esoJs, two r[ealeJs--unless [there isJ an
error in writing--and I humbly beseech Your Lordship to order that
this sum be paid to me, because it seems just. If not, Your Lordship,
having the case before you, will determine in justice what you think
most appropriate, in light of those setbacks and losses which I have
suffered because the aforesaid Don Simon de Arocha did not comply by
paying me the original money which he owed me. Wherefore,
I humbly request and beseech Your Lordship to please order done
12what I ask, because if you do so, I shall receive the favor of //
justice which I have implored. I also repeat [my commitmentJ to sat-
isfy costs should the case be defeated. I swear that [1J do not act
with malice and [I swearJ on whatever [oathJ is necessary, etc.
Santiago de Zuniga[RubricJ
[D.S., 9-21 pp., in E. 5/14/1788-7/2/1788J
[Ch. in h.J
San Antonio de Bexar }
June 3, 1788
I have seen the foregoing petition, and, consequent to [i.e., de-
spiteJ its not having been drawn up in the proper fashion--both for
the interrrogatory' which it attempts and the costs which it claims--
and in the interest of avoiding further delays which might cause harm
to the parties [involvedJ, and so that the litigation might continue
68
pending until its resolution, the petitioner will therefore be heard
and admitted at the proper time, and the witnesses whom he mentions
will be examined. In consequence thereof, let [the preceding docu-
mentJ be forwarded to Don Simon de Arocha, so that within the usual
period, he may determine his legal [positionJ. Thus do I, Don Rafael
Martln[eJz Pacheco, captain of cavalry in the royal armies, and inter
im military and political governor, on behalf of His Majesty, //12v of
this province of Texas, provide, command, and sign, acting with at-
testing witnesses in the absence of a notary, for there is none, and
on plain paper, as there is none stamped. This I certify===
Pacheco[RubricJ
Attesting [witness]Vizente de la Cuesta
[RubricJ
Attesting [witness]Jose Melchor Yanze
[Rubric]
[D.S., 12-12v pp., in E. 5/14/1788-7/2/1788J
These documents were delivered
to Don Simon de Arocha in 11
fox[aJs utiles, for which he
issued a receipt, in evidence
whereof I placed my rubric.
[Rubric of MartlnezPachecoJ
[N.S., 12 v p., in E. 5/14/1788-7/2/1788J
69
Senor Governor of the Province of Texas
[1,J Don Simon de Arocha, commander of the provincial militia of
this villa of S[a]n Fern[anJdo, [havingJ observed the formalities of
the law, appear before you and declare that, in spite of the lengthy
[andJ ill-founded petition filed against me by Santiago de Zuniga--as
is discussed in the proceedings which you have pleased to forward to
me, in eleven foxas Vtiles, and which 1 duly return to the court--my
legal [position] is clear. The oral agreement between myself and
Zuniga which recently preceded [this suit] was that 1 should pay him
the hundred p[eso]s that 1 owed him, in cattle to be slaughtered and
loaded on his mules. I pointed out to him that, at that time, those
[cattle] were not fat, but that all of my cattle were the same, so
that he could take payment from the best of them. He agreed to this
and began to ready his men to receive, slaughter, and prepare the
meat. I did [likewise] with my [people] in order to bring a number of
cattle into the corral for him on the first, second, and third occa-
sions, so that from the best ones there, he could take the ones which~
he liked. He only did that the first time for the ones which he want-
ed. With this, I prove that I did not fail to keep the agreement, as
l3vhe seeks II to put forth with the many inconsistencies in his peti-
tion, which I perceive to be far from the true facts. And if the fa-
brication which he has spread and is spreading is true [then] let him
prove to me how my men maliciously left the fattened cattle in hiding
on the pastures of my rancho. If that [were] shown [to be] true, he
could sue me for losses and costs. Also [let him provide] similar
proof that I have defaulted on my agreement with him. Nevertheless,
although he assumes much, [there] are proofs which I shall omit until
70
their [proper] time and place.
Zuniga sets forth--and he so states in his third paragraph--that
I agreed to deliver the cattle to him at three [pesos] and four r[eal-
e]s, and in the refutation which he makes to the first three points in
my statement, he asks how it is that I should not [sic] accept such a
low price. [This is] a strange thing and proof of malice, [and is]
based solely on [the claim] that in the last [paragraphJ of my peti-
tion, he had been offered said cattle at the price of three [pesosJ
and four r[ealeJs, without ChisJ realizing that in the aforesaid
[points of my statementJ it is argued that [they were offered] at
three p[esoJs, four r[eale]s. Only on the account of Our Sovereign
are those [cattle] which are destined for the royal treasury sold at
the price of four r[ealeJs. Moreover, for my [cattleJ there was no
such prior agreement.
He also declared that it is true that he was asked by me to come
to my rancho to prepare his dried meat, and alleges this agreement of
three p[esoJs, four r[ealeJs per cow. This is proof of what I state
in article //14 no. 2 [of my previous statementJ, wherein he termed
himself naIve for not having accepted [the cattleJ at three [pesos]
and four r[ealeJs. But I also point out that he says the domesticated
nursing cows which I promised to him were never delivered, and that in
their absence, I brought in orejano [cattle] in payment. I shall omit
proof [against this] in order to establish the truth at the proper
time. What I had to offer, precisely, was not [to hisJ satisfaction,
because the cattle were not [heavyJ with fat and lard, as he wished.
He failed to remember my explanation in the agreement which he made.
The first thing that I explained to him was that neither the nursing
71
nor the orejano cattle were in such a condition, and it is public and
well known that, at that time, this [livestock] property was as I have
described it, but not so useless as he supposes. His primary interest
was that they should be for fat and lard, as I understand, [but] there
was no such agreement.
In the sixth paragraph, Zuniga blames me for the losses which he
was suffering, since [because of] my repeated defaults to him, he had
to ask [to run] the milking of the cows on my rancho for forty days.
We set [the fee for] this at fifteen p[eso]s, while during this peri-
ad, he was seeking his payment from among the best cattle available.
[This was] to prevent him from having any pretext upon which to ex-
pound, such as the present one, upon which he had seized so frivolous-
ly, saying that he did not do [the milking] for any other reason than
that of obtaining the collection of his cattle. He did not clearly
explain the advantage which resulted to him from obtaining about two
p[eso]s in cheese per day, although it is my understanding that he was
still making modest profits. jjl4v He only claims that he discontin-
ued the milking because of the collection of the diesmo and because I
was totally ignoring him (a bizarre thing, without equal), when what
he really should have said, in order to speak the truth, was that he
did not continue the aforesaid milking for the thirty days' time re-
maining, because of the rains which began during the interlude, and
which prevented him from reaping the profits which he hoped. To deny
this truth, he uses the pretext of one cow which he requested from my
son, Fran[cisJco, [andJ which would not have been denied to him, al-
though it was not mine, if [ZunigaJ had not sought so many favors that
there was no time to grant them to him, as I have stated.
72
It is a fact that my foreman, Manuel Soto, and Joaquln Leal, my
son-in-law, brought him cattle, which Zuniga confirms. And he says
that it was impossible for him to take them, because they were not in
satisfactory condition, there being three novillitos from two to three
years [of age, andJ three small cows, which were not even breeding
cows. This is a most deceitful supposition, for he had no restric
tions on any of the cattle in order to collect his payment. [In
steadJ he invented the pretext that I had expelled the hand, Ant[oniJo
Valdes, because he was the one who had revealed the truth to him about
the cattle. I shall omit the evidence [against thisJ until the proper
time. If Zuniga were aware of such a manifest fraud, why did he not
let the remainder of the forty days' milking--the period indicated for
payment--run out? [IfJ at the end of that [time, paymentJ were not
made, //15 then with just reason he could sue me for his expenses, but
not if he abandoned [the milkingJ'before its termination, in order to
purport and augment ill-founded legal [claimJ, without heeding the
agreement. For this reason, he is released from the [agreementJ which
he had.
As for what Zuniga asserts about my already having provided the
milking to him free--for which purpose I dispatched my men beforehand
to round up the cattle in order to prepare the meat--[that isJ a con
clusion which is far from the truth, because it does not explain under
what conditions the offer was made. Although it is true that I did
make such a proposal to him, it was with the intention of getting him
out of our midst and of avoiding legal complications, and not out of
obligation nor much less any right he might have to it. For this rea
son, he adds that it is a truly arrogant fabrication, from which it
,.
73
followed that, since [1J produced neither a reminder [i.e., a record?J
nor an agreement,_ there was [reasonJ enough to doubt my candor and le
gality. He verified this in the following manner, with the voices of
the people, who said., "Where are you going, you poor man? They are
deceiving you hopelessly, for you do not realize that, after all that
has happened, and the setbacks which you have suffered, they might
stall and deceive you again, as [they haveJ ~ to now. When you wake
~, the losses which you are suffering will be irreparable, and you
might even end ~ without your mules."
I cannot overlook, senor governor, what is contained in the libel
written in the article //1 5 above. It becomes necessary--on separate
account--that 1 see proof of the slander which the voices of the peo
ple have instilled in Zuniga, [whoJ for this reason, looked only half
heartedly for men to collect his beef, and decided that he should be
given his money, plus the costs which he adds in his first statement.
[The reason] that 1 ignored my rights and granted the favor,
which 1 did, of giving him one hundred fifty pesos--including the
twenty which he had [already] received in meat and corn, as 1 have
charged in my statement--was [that] 1 looked upon him with sympathy
and charity, so that losses would not overwhelm him. But, through his
obstinate intractibility, he has claimed fictitious [losses], in addi
tion to the others which he alleges in [lost] profits from the mules
and [in hiring] peones. These he lists in his interrogatory because
of his ill-favored whim, which he seeks to reinforce with the power of
the law, as if I had been responsible for them. I shall offer proof
on this [matter] at its [proper] time, and even with the same witnesses
74
whom he cites, such as the senor parish priest, who made all settle-
ments for me in a legal fashion.
It is a fact· that Don Angel Navarro, a merchant of this villa--
with my permission, and given a free hand--sought out the mule driver,
Zuniga, in order to settle this pending litigation once and for all,
//16 offering him forty pCesoJs in rCea1eJs of cash, in addition to
the eighty [pesosJ deposited in the possession of Don Juan Martln
Amondaraln, plus twenty more which he had [alreadyJ received. He
would not accept it under any circumstances. I hoped that he would,
not because he deserved it, but in order to liquidate this claim. [In
theJ first [placeJ, never, since I have been able to reason, have I
been sued for small or large sums, because I have satisfied all [my
obligationsJ. Second, [I did not want] for Zuniga to sUffer" the harm-
ful results which he himself had fashioned with his bloodthirsty pen.
I can see no way in which he could prove to me the slanderous libel to
which he refers in such misguided [fashionJ, with inflated expendi-
tures which he obstinately pretends to have made. He does not fully
understand my primary aim, which is that no harm should result to him,
as I shall make him see and comprehend at the time of the hearing of
his interrogatory, as well as in the final arguments, if the proceed-
ings should reach the stage of judgement by an asesor letrado. I
should deeply regret [that this should happenJ because of the negative
and obstinate claim which he so unjustly promoted.
I should also explain to you, sir, that my passing over all of
th " " t I" f th ~ t" d //16v ~-" de lnconS1S ent rep les 0 e aLore-men lone Zunlga, an not
refuting them as is called for, is [dueJ, for one thing, to its not
being the [properJ time, and secondly [to the fact] that I have more
75
material that I can use in basic proof to proclaim my j~st [causeJ. I
shall omit all such references until [they areJ needed, and [hope]
that my petition will not be deemed defective. Wherefore, and for the
greatest favor,
I humbly beseech you, sir, to please provide that which your ma-
ture judgement [finds] best, with regard to the shape which the pro-
ceedings are beginning to take, and to accept the present statement
from me on plain paper, as there is never any stamped in this prov-
ince. I swear in [due] form [that I] do not act out of malice, I
promise security for [any] costs, and [I swear] on whatever [oath] is
necessary, [etc.].
Simon de Arocha[Rubric]
[D.S., 13-16v pp., in E. 5/l4/1788-7/2/1788J
[Ch. in h.]
San AntConi]o de Bejar}
June 16, 1788
Having seen [the preceding documentJ, I took it and considered it
as presented and accepted in the terms stated therein. Given the cur-
rent state of the proceedings, and so that they may take their proper
course, let [the aboveJ be forwarded
These proceedings were deliv-
ered to Santiago de Zuniga in
fifteen foxas utiles, for which
he issued a receipt, in evi-
dence whereof I put my rubric.
to Santiago de Zuniga, so that within
the stipulated period, he may deter-
mine his legal [position] by means of
an interrogatory'hearing, in which he
is to manifest his [legalJ support
76
for the faculty of [undertakingJ the
examination in defense of what he has. [Rubric of
MartInez PachecoJ
[N.S., l6v p., in E.5/14/1788-7/2/1788J
ner. This I certify===
Pacheco[RubricJ
Attesting [witnessJVizente de la Cuesta
[RubricJ
alleged in his two statements. Thus
do I, the above-signed governor of
this province, provide, command, and
sign, acting in the afore-cited man-
Attesting [witnessJJose Melchor Yanze
[RubricJ
[D.S., 16 v p., in E. 5/14/l788-7/2/l788J
Senor Governor of the Province of Texas
[1J Don Simon de Arocha, commander of the provincial militia of
this villa of S[aJn Fern[anJdo, having satisfied the formalities of
the law, appear before you, sir, and state that Santiago de Zuniga, a
citizen of the city of Guadalaxara--having litigation pending in your
tribunal over a sum [of moneyJ--has alleged the following in defense
of his case, and I quote:
"That the voice of the people said, 'Where are you going, you
poor man? They are deceiving you hopelessly, for you do not realize
that, after all that has happened, and the setbacks which you have
suffered, they might stall and deceive you again, as [they haveJ up to
now. When you wake up, the losses which you are suffering will be
77
irreparable, and you might even end up without your mules. ,,,
This reason, senor governor, and even the same concept which
Zuniga perceived for himself, as he declares in his statement, caused
him to cease coming to collect on the debt which I have pending with
him, 1I17vto which he added imagined and inflated expenses.
In light of what [is] quoted [above], and the [allegation] that
the voice of the people--that is, the entire community--has instilled
such a notion in the afore-cited Zuniga, insulting my honor and con-
duct, I cannot ignore this defamatory libel. Therefore, in the pres-
ence of your just rectitude, I am registering a civil and criminal
complaint against the above-named Santiago de Zuniga, for the first,
second, and third times, as stipul.ated by the law. This I swear, and
I shall not desist until the aforesaid Zuniga and the voice of the
people give me proof by means of an interrogatory, which will name the
qualified individuals who are in common [agreement] and through them
prove my bad conduct, dealings, and contracts, and whatever else they
may know. Thus, as a consequence of what they produce, you will have
further basis to command and proceed against me. I obligate myself
for all responsibilities, damages, setbacks, and losses, and if [it
should prove] to the contrary, let justice take the proper rneasures--
as an exarnple--to repair [the damage] and put a stop to the villainy
of insulting and dishonoring public figures of esteem and of recog
nized 1118and exemplary conduct. I promise to provide full informa-
tion on [my good character] through every noble and gentleman with
whom I have had dealings, both in this province and outside of it.
Wherefore,
I humbly beseech and beg you to please to provide as I have
78
expressed [above], for in this way, I shall receive the favor of jus-
tice, and to accept this, my statement, on plain paper, as there is
none stamped. I duly swear that I do not act out of malice, I pledge
[to provide security forJ costs, and [I swear] on whatever [oath] is
necessary, etc.
Simon de Arocha[Rubric]
[D.S., 17-18 pp., in E. 5/14/1788-7/2/1788J
Decree }
issued
[The preceding petitionJ is presented and accepted in the
terms stated therein. In order for it to have the effect
upon which to base the civil and criminal complaint regis-
tered in it by the plaintiff, let it be forwarded to Santiago de
Zuniga [who is] named in it, so that for his part, within the period
granted by law, he may present through an interrogatory the competent
witnesses who will explain in full detail what is contained in the
paragraph inserted in the petition. In light of what is produced by
this examination, a just decision may be rendered. Thus do I, Don
R //18v ~ .
afael Martlnez Pacheco, captaln of cavalry of the royal armies
[and] interim military governor, for His Majesty, of this province of
Texas, provide, command, and sign, on the sixteenth day of the month
of June of the year seventeen hundred eighty-eight, acting with at-
testing witnesses in the absence of a public or royal notary, as there
is none [available] as prescribed by law, doing so on this plain pa-
per, as there is none with any stamp. This I certify===
Raphael Mar[tlneJzPacheco[Rubric]
79
This document was de1iv-
ered to Santiago de
Zuniga in one fox~ uti1
and another blank [page],
for which he issued a re-
ceipt, in evidence whereof
I placed my rubric.
[Rubric ofMartlnez Pacheco]
Attesting [witness]Jose Melchor Yanze
[Rubric]
Attesting [witness]Vizente de 1a Cuesta
[Rubric]
"CD. S ., 18-18v pp., inE. 5/14/1788-7/2/1788J
[N.S., 18v p., in E. 5/14/17887/2/1788J.
Senor Governor
[I,] Santiago de Suniga, a citizen of tIle city of Guada1axara and
resident in this villa of S[a]n Fern[anJdo and Royal Presidio of S[aJn
Ant[oni]o de Bejar, having satisfied the necessary formalities with
the most reverent attention and according to law, reply in your pres-
ence to what is claimed against me by Don Simon de Arocha, as is shown
in the preceding document which has been forwarded to me, and which I
now return with all due formality. I state that on several occasions,
I was visited at my camp by different persons, whom I do not know by
name for the reason that I am not a native of this place, and who
warned me, telling me the same thing that I have expressed--that [the
ArochasJ were going to deceive me again and [cause meJ to lose even my
mules, etc. This is evident from the malicious intention with which
[Arocha] has been threatening me with total ruin and destruction,
80
1I19v[and] from the devious schemes which he has employed, perhaps to
confuse and justify that manifest deception which he perpetrated
against my interests.
It is an amazing thing, senor governor, that a gentleman of hon-
orable conduct should wish to show a magnanimous heart while the con-
trary is in his breast, such that he manifests himself as agreeable
[and] optimistic, [but alsoJ furious, hot-headed, and full of turbu-
lent passions. I say this because he declares--in the last document
which he has presented in the other suit which is Under way, because
of a claim of money which I have made against him--that, looking upon
me with pity, he sought to satisfy me merely by offering to give me
one hundred fifty p[esoJs, less twenty, etc. And in this latest claim
which has been forwarded to me, I see that he is preparing to pounce
on me like the lion when it is in the house. Thus, I [shallJ provide
a sure guarantee [for costsJ, or if not, I shall seek another means of
providing security.
I see this very thing [happeningJ, and observed it before, in the
fact of [Arocha'sJ mixing the sweet with the bitter. I regret that I
do not know what the names might be of the persons who, in the pres-
20ence II of my sabanero, informed me and warned what was going to
happen to me. This can be seen from the harmful intent with which
[ArochaJ is preparing instruments to obscure the merits of that just
claim which I have made for my money.
Finally, senor governor, may God provide and Your Lordship pro-
duce in justice what is deemed most fitting. Wherefore,
I most humbly beg and beseech Your Lordship to decree that which
you judge to be most fitting, accepting this [statementJ on the present
)
81
[plainJ paper, as there is none of the proper kind. I swear that [1J
do not act out of malice, and [I swearJ on whatever [oathJ is neces-
ary, etc.
Santiago de Zuniga[RubricJ
[D.S., 19-20 pp., in E. 5/14/1788-7/2/1788J
//20v [BlankJ
t
Senor Governor
[1,J Santiago de Suniga, presented for the first, second, and
third [timesJ, as is done on this [occasionJ, with the most reverent
attention and as best corresponds to the law, appear before the meri-
torious justice of Your Lordship to reply to the preceding document--
filed by Don Simon de Arocha, [who isJ in debt to me--which, along
with everything else which has been entered into the proceedings, has
been forwarded to me in fifteen foxas utiles, and which I return with
due solemnity. I present myself and declare that, in regard to the
schenle which he as set forth in his second statement, against which I
make a counterclaim, I have nothing to reply, except [to sayJ that
everything I have stated is true: that he did waste my time with his
clever deceptions, which I have undergone to my great loss, ruin, and
damage to my property and credit, which is what I regret most and
which should be regretted by any man capable of [feelingJ shame.
With regard to the malicious proposal with which he has disguised
that default which he committed by not fulfilling [the agreementJ when
82
he said [he would], he states that he provided enough cattle for me to
take my payment. 1 declare once, twice, and three times, that this is
false, because the [cattle] which he provided to me were the same use
less ones that 1 have mentioned. [1 must] add that his foreman told
me that those young cows which they had brought me did not even belong
to his master, and what is more, AntConiJo Valdes told me that all the
reasonably [good] cattle which belonged to Don Simon had been hidden
in the woods. It can be seen that [although] he had many [cattle],
the aforesaid Don Simon had used [the cattle] of others and orejanos.
These were three nobillitos and three young cows which were not even
breeding [cowsJ. With these, he claims that he brought to me a number
of them, but it is //2lv understood [to mean] those near at hand which
they were herding--which were numerous--none of which was ever brought
to me. There is nothing to be done, for it is arrogant for this gen
tleman to use some [cattle] here and there so as to prove at all times
that he had offered me those [cattle] for me to choose. But is seems
that he is destroying himself as well.
He also says in his second paragraph that it is a strange thing,
and a corroboration of my malice, that I should say that he agreed to
deliver me the cattle at three [pesosJ and four rCealeJs. I say that
it is true, and it is a confusing thing to me, and has confused me
[previouslyJ, to see clearly written in the third paragraph of his
first statement the following [passageJ: "He should ~ to ~ rancho
to receive and slaughter--for dried meat and tallow--enough cattle to
repay his hundred pesos at the price of three [pesosJ and four rCeal
eJs, etc." This seems to be quite clear, and therefore, [to his
claim] that no such proposal was made, I say in the third paragraph of
83
my second statement: "I have noticed that he declares in his state-
ment that he has agreed to deliver the cattle to me at three [pesosJ
and four r[ealeJs. Could someone tell me why this low price [was of-
fered] if such an agreement had not been made?" But I now see that,
if one reads these last paragraphs with care, [ArochaJ emerges look-
ing innocent, which was a natural error of the scribe, or of whoever
wrote it down thus. But it is an amazing thing, senor governor,
[whenJ they erect a scarecrow and end up frightening themselves. The
pen itself proclaims that irregularity with which [ArochaJ Inakes
claims without heed for what might result.
With regard to his statement, in the third paragraph, that it was
my intention that the cattle which I was to take should be for fat and
lard, I say [that I canJ cite no such proposal, but that he did agree
to provide me some of his nursing cattle [chichiguosJ at three ~-
soJs, four r[ealeJs. He did not follow through with this, and in-
stead, I received four of the useless [cattleJ at the price of three
p[esoJs, to which his son consented, perhaps because he saw that [the
cattleJ were not even in reasonable [conditionJ, as had been promised
to me.
As for his statement about [myJ abandoning the milking, and my
not having /;22 been [d~ce){e(n deceived, as I claim--and that [in-
steadJ I left it because of the rains which came--I say that is false.
There were no other causes for my having abandoned [the milkingJ than
[the fact] that I was being charged the diezmo without our having made
an arrangement to that effect, as well as [the factJ that I found
myself deceived. Although he states that I had an income of two
p[esoJs per day with [the milkingJ, let it be explained to me in what
84
manner, or to whom, I was selling it, because it can hardly be con
cluded that I had [such incomeJ where there were no people.
As for his separate petition that he be given proof of the slan
der which the voices of the people were telling me, and that [IJ reply
to him immediately upon its being forwarded to me, I shall answer here
what I am able to provide, although I do not know the names of the
people who, perhaps pained by what was going on, came to warn me about
what was going to happen to me. I know that it must have been that
way, because one who does not promptly pay what he owes, even when he
has the means, will pay still less in the future, when his recalci
trance [will be] seen.
I would be satisfied if he were to prove the contrary with the
witnesses whom I cite, and with those whom he might present on his own
behalf, as well as with the senor priest. Thus may the declarations
of one and another be forwarded to a lord acesor, who by means of his
skill and learning, will determine the true facts, such as whose fault
it was that [the debt] became hopelessly CtangledJ in proceedings,
just because [Arocha] did not want to sign an obligation. We had
agreed that I would prepare it and he would sign it, CbutJ when he saw
it, he said that he would not sign anything, senor governor, nor
should his sons do so. CThe agreement] is of the following tenor:
"I, Don Simon de Arocha, a citizen of this villa of SCaJn Fer
nCanJdo and presidio of Bejar, declare that by this CinstrumentJ, I
obligate myself to deliver to Santiago de Suniga, a citizen of the
city of Guadalaxara, in the villa of SaltCillJo, the sum of one hun
dred thirty p[esoJs in rCealeJs of cash. It will be delivered to him
by Don Josse Marla Carrillo, in case I am unable to do so due to some
85
obstacle which might arise, for a like sum, precisely, which lowe to
the aforesaid //22v Suniga. Those r[ealeJs will be delivered to him
in cash [sometime] during the month of June of this present year of
[seventeen hundredJ eighty-eight, without there being the slightest
discrepancy. If there is [a discrepancyJ, I obligate myself to satis
fy whatever setbacks and losses the afore-mentioned Suniga might suf
fer. For this purpose, I submit to the judges of His Majesty, who
will see that I comply with this, my final will, [and willJ permit me
no reassessment or contradiction in it. I obligate myself with my
person and my present and future property, renouncing my own rights
and domicile, so that, in case God should call for me during this time
--as we are all mortals--[ZUfligaJ might turn to my sons, who should
make satisfaction for that sum to the aforesaid Suniga. In addition
Cthey shouldJ pay him the charges which he assesses for the losses he
might suffer, in case the sum of one hundred thirty pCesoJs is not de
livered to him by the time to which I have obligated myself. I shall
do the same myself if I should fail to fulfill [the agreementJ, in
evidence whereof, for all time, I signed in the presence of the senor
governor of this province of Texas, Don Rafael Martfnez PachCecJo, in
order to [giveJ greater strength to the security which I offer to the
aforesaid Suniga, on the eighth day of the month of May of seventeen
hundred eighty-eight."
These are the very words of the obligation which I showed to Your
Lordship so that it could be signed by Don Simon de Arocha, who, hav
ing changed his mind, refused to do so, perhaps because he was not
sure of fulfilling [this obligationJ to me. If he had been [sureJ, it
would have been normal for him to sign not just one [agreementJ but
86
twenty-five [i.e., any numberJ. [This wasJ clear malice, whereby he
only sought [to getJ me to leave, so as to pay me my money late, un-
fairly, or never.
With regard to his statement that Don Angel Navarro sought to
give me forty p[esoJs in addition to the eighty [pesosJ on deposit,
23there is no doubt that he did so, but // 1 could hardly accept the
proposal, because of the growing expenditures which 1 had already
made, due to the obstinate reluctance to pay me which [ArochaJ always
had.
Finally, senor governor, 1 do not wish to be more lengthy or bur-
densome. Let the witnesses be examined and the information gathered,
to protect my rights as may best serve my interests. Wherefore,
1 humbly beseech Your Lordship to order decreed what 1 ask, for
in so doing 1 shall receive the favor of justice. [PleaseJ accept
this [documentJ on plain paper, as there is none of the proper kind.
1 swear that [1J do not act out of malice, and [1 swearJ on whatever
[oath] is necessary, etc.
Santiago de Zuniga[RubricJ
[D.S., 21-23 pp., in E. 5/14/1788-7/2/1788J
//23v-24v [Blank]
Don Raphael Martlnez Pacheco, captain of cavalry in the royal ar-
mies [and] interim military and political governor, for His Majesty,
of the province of Texas, etc.
87
I certify that Santiago de Zuniga has informed me that he entered
this province and the presidio of SCaJn AntConiJo de Bexar, with a
chartered load from the town of Parras, on the twenty-seventh day of
January. He has been delayed until this time because he has been un
able to arrange to receive one hundred pesos given to him by Don Juan
Barrera (collector of the diezmos in this province) in an order of
payment issued against Don Simon de Arocha. When [Zuniga] called upon
him to make payment, he offered to do so with cattle from his Rancho
de los Chayupines, at a rate of three pesos, fo~ r[ealeJs each. When
the aforesaid Zuniga went to the above-mentioned rancho to receive
them, they brought him the cattle, and he chose only four which he
found satisfactory for slaughter. He was [also] assessed twenty pesos
for cheese and corn. When the afore-cited Zuniga appeared before my
tribunal demanding payment of the'aforesaid hundred pesos, [Arocha]
advanced him eighty, saying that //25v with the twenty which he had
already received--as has been mentioned--he had satisfied the full
amount. The aforesaid Zuniga would not accept this, [insisting] that
he pay the hundred C~sosJ without discounting the twenty already re
ceived. He had me deposit the eighty pesos in the care of Don Juan
Martln Amondaraln, alcalde ordinario de 20 boto. of this afore
mentioned presidio and villa, while the aforesaid parties came to an
agreement. When they could not agree, the aforesaid Zuniga addressed
himself to me in writing, [but] before [his petition] was forwarded,
there was an attempt to reconcile these two parties, [wherein] the
debtor [partyJ offered to give Zuniga the hundred pesos and [considerJ
the twenty as forgotten. The aforesaid Zuniga would not accept that,
88
and instead seeks to be paid [not just] a hundred, but two hundred
[then] four hundred, and so on, adding his charges until have reached
seven hundred pesos, and justifying [them] with the delays which he
has willingly endured. Yet, various individuals have sought to pre-
vent him from suffering [such delays] and from facing the costs of
litigation, and they have sought to satisfy that sum with more than a
third of what he is claiming. [Furthermore] since the latter has in
26jected accusations against the conduct of the opposite party II [for
his] actions and deeds, [that party] asks that satisfaction be given
to him by the aforesaid Zuniga, and furthermore that he secure himself
and guarantee all expenses and costs which might arise in the pursuit
of both litigations. Since he is unable to provide security for [the
costs] on his own, lacking sufficient authority from his master, the
aforesaid Zuniga has requested me to certify everything for him in or-
der to go and present it to [his master] wherever he might be found,
leaving the afore-mentioned litigation in suspension, and without hav-
ing paid a single fee for what he has presented and argued. I look
upon him with pity as a poor servant, whose aforesaid master could
possibly refuse to answer for the afore-mentioned costs, and those
which [Zuniga] might incur. In view of this certification which I
have presented, his aforesaid master might make an informed considera-
tion of what he sees most fit, with regard to [the fact] that the hun-
dred pesos, along with the twenty which [Zuniga] has received, remain
available to him, even though no more than eighty pesos are on depos-
. it. Excusing [Zuniga] from all proceedings up to this point, and
without acting upon the aforesaid petitions, I issue the present [cer-
tification] which is done at this afore-mentioned presidio on the
89
second of July of the year seventeen hundred eighty-eight.
Raphael MarCtlne]zPacheco
[Rubric]
[D.S., 25-26 pp., in E. 5/14/1788-7/2/1788J
//26v [Blank]
t
I have receieved from the senor governor of this province of Tex-
as, Don Rafael MarCtlne]z Pacheco, the amount of eighty p[eso]s in
rCeale]s, in the form of a deposit belonging to Santiago de Zuniga, a
citizen of the city of Guadalajara. It was paid by Don Simon de Aro-
cha, in evidence whereof I signed. SCaJn Ant[oniJo de Bejar, May 9 of
the year 1788
There are 80 p[esoJs.
Juan M[aJrCtlJn de Amondaraln[Rubric]
//27v [BlankJ [D.S., 27 p., in E. 5/14/1788-7/2/1788J