no. 165. expediente initiated by santiago de zuniga · no. 165. year of [17j88 expediente initiated...

47
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. v II [BlankJ

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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

45

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