Year

(cross]' '

• of •

rio. 86

Proceedings conducted by the Bovernor of the province of Texas con-

cerning the sale on Ilis Mlljesty's accout of four 11undred ten head of,

orejana cattle to'Luis Mariano Menchaca, a resident of the presidio of

[San Antonio de] Bexar, which he exported to the province of Cohahuila

with the applicable gu!a. The proceeds, which were 852 pesos, were'

deposited in the chest designated for this purpose. Also [contained

herewith is) the sumaria pursued against the said Menchaca for fraud

and for his concealment of a considerable number of [orejanos) which

he branded and mar~ed, leaving them at his ranch of SCa]n FranJcisJco'

and arrogating them for himself without payi~g the applicable royal

fee.

vII [BlankJ

7

, [cross]

Senor Governor:

I, !)on Luis ~1a.riano r1enchaca, alg[unciJl mayor of the c~,·b11do of

t~e villa of San FerntanJdo, at San AnttCoriiJo de B&xar. as is best

provided by law, do appear before Your Lordship and state that I am'

desirous of taking outside [the provinceJ a herd of orejana cattle,

both bulls and cows. And for the :amassing 'and export th'ereof, ~

beseech Your Lordship to grant me your permission. And'for the, cattle

I amass I shall pay the fee considered just; wherefore

I be~ and beseech Your Lordship to deign to command that what I '

have asked be done, and to accept (this petitionJ from me on th'e

present CunstampedJ paper, as there' is none of the acceptable (kindJ.

I swear in due form that I bear no malice, &c.

Luis Mariano Menchaca[Rubric]

(A.D.S., 1 p., in E. 5/17/1784-11/23/1786J

Decree Having seen the aforegoing request, C! order that] the

applicant be granted the license he seeks for catching

bulls a.nd or'exana cows t on the strict condition that he 'is to pay forIv

each head (the following]: II For the COWS ,he takes (which areJ

three years old and over, twenty reales; for each one two years old,

sixteen reales; and for each one-year-old, eight reales. Every

bullock or calf nursing at its mother,' s feet shall be given, to him a,nd.'

shall not cost him any stipend whatsoever. He must pay for each bull

8

twelve reales, and must bring the entire number of cattle to a fixed

place of his choosing to be counted by the person I shall name for

that ptlrpose. 'According to ,the nwnber he acquires, he shall form, the

accotmt of the anlount of the fees payable to His r~a.\1esty. I\,t that

time he shall immediately tender (payment] so that it may be deposited

in the chest designated for this purpose. Ire shall likewise (thenJ be

given the BUla, for export to the place most Guitable to him. This no-

tice is committed t'o one of the attesting witnesses '\-11th whom I act in

the absence of a notary. Thus it is provided, ordered t and sip;ned' 'by

me, Don Dom[ingJo Cabello, Colonel in the Royal Armies, Governor' and

Commandant of Arms of the Province of Texas, &c. ,; at this Royal

Presidio of San AntConi]o de Bexar, on the seventeenth day of the

month of May, in the year seventeen hundred eighty-four, before the2

attesting witnesses with whom I act in the absence II ,of a not~ry,

doing so on this plain paper, 'as there is none stamped. This I

certify.

Cabello[RubricJ

'(cross]Jos~ Pl~zido de Monz6n

[RubricJattesting witness

Pedro n!as del Castillo[RubricJ

attesting 'witness

CD.S., 1-2 pp., in E. 5/17/1781~-11/23/1786]

I{otification On the said day, month, and year t I, Jose Plazido

de Monzon. one of the attesting witn~Bses with

whom the lord governor of 'this province acts in the absence of a

notnry. in order to p;ive effect to the n.foreeoin~ decree. F:lpp~rtred Itt

the house Rnd residence of Don Luis Mariano Menchaca and'mane known 'to

him in person the above-mentioned provision afore~oin~. When h~ h~d '

heard it. he stated that he would comply w~th it totally and in CallJ

parts and 'that the place to which one must go to inspect the said, 2v

cattle would be named by him in due timet II which would be as soon

as he flnished acquiring [cattle,J. As this was what he pave as his

reply, he signed (thisJ with me, as evidence whereof I place it in

the proceedings.

[cross], Jose Plazido de Monzon

(RubricJLuis ~·1a.riano ~~enchaca'

(RubricJ

(A.D.S., 2-2v pp., in E.' 5/17/~784-11/23/l786J

Pursuant to the report just presented. to me by Don Luis

Mariano Menchaca that he has gathered the bovine

orejano cattle he cau~ht under the perm~t granted to him as evidenced'

in the aforegoing proceedings, which (cattleJ are all together at the

corr~ls' at the ranch of S(aJn Francisco; ,and whereas a person totally

satisfactory and known'to me must be sent to count them~ inspect them,

and make an individual record of their number. kind, and quality in

order to ascertain thereby the fee which the afore-mentioned Don Luis

'Mariano Menchaca must pay on the terms prescribed; let Domingo Peres,3

second / / s,ergeant of the cavalry company of this presidio t be made

to go (thereJ" since he has the aforesaid qualifications', to perform

(the assigned duty] in accordance with the tenor and form [of this

10

order). Thus· it io provided t ordered and fli(~ned by me, the n.fores~id

governor •. at this Royal Presidio of SCaJn AntConiJo de B~xart on the

twelfth da.y of the' month of June, in the year seventeen hundr~d

eightJr-four, before the attesting witnessea vIith whom I act i.n the'

absence of a notary, doin~ so on this plai~ paper, as there is none

stamped. This I certify.

Cabello(Rubric]

[cross)Jose Plazido de Monzon

[RubricJattesting witness

Pedro Dlas del Castillo(RubricJ

attesting. witness

CD.S. t 2v-3 pp., in E. 5/17/1784-11/23/17861'

3vII

11

Senor Governor:

DomCinr)o Peres, second sergeant of the cavalry company of this

presidio of [San Antonio de] Bexar, brings to Your Lordship's atten­

t~on that in obedience to the order and commission which Your Lordship

deigned to commit to him, he appeared a~ the ranch of SCa]n Fran(cis]co,

in whose corrals Don Luis Mariano Menchaca presented the following

orejano and branded cattle:

First. one hundred twenty-six bulls-----------------Plus one hundred thirty-eight cows of three years and over

--~---

Plus one hundred forty-six cows, all of two years----------Plus fifty-tvo terneros up to one year old, completely exhausted

and lame----------------------------The total number thereof amounts to four hundred sixty-two head,

of the kinds and qualities referred to, and another two hundred two

head branded with the brands of various missions and residents of this

presidio. There has been no concealment whatever, since ~here ·is no

other place where the cattle could be kept. So that (these facts) may

be evidenced to Your Lordship, (Peres) signed (thisJ at this presidio

of SCaJn AntConiJo de Bexar on the fourteenth day of the month of

June, seve~teen hundred eighty-four.

Dom[ing]o Peres(Rubric]

(AoD.S~, 3v p., in E. 5/17/1784-11/23/1786],

I?

4II

Decree In ~iew of the aforegoing repor~ given by Dornin~o

Peres, second sergeant of the cavalry company of this

presidio, as a result of his havinB counted and inspected. the nurnl)er t

kind, and quality'of the bovine orexana ~attle that Don 'Luis Marian6

Menchaca has acquired, as evidenced in the aforeeoinc proceedings; let'

(so~eoneJ proceed to form the account and adjustment of their value

according to the prices assigned them for this purpose in the decree

issued subsequent to [Menchaca's] statement. (The account appears) in

the following form and manner.

Pesos

For one hundred thirty-eieht orexana cows of threeyears and overt at twenty reales each o •••••••

For one hundred' forty-six CcowsJ two years old, atsixtee~ reales each•••• e •••••• oo •••• oe •••••••

For one hundred twenty-six bulls at twelve realeseach ••••••••••,••••••••••••••••• ,••••••••••••••

For fifty two terneros of one ye~r more or less,',which are exllauste'd and lame and thus cannot, follow the' herd, at four reales ea:ch•••••••••

Total amoUnt •••• '••••••••••• '••••••••

189

026,

852,

4vConsequently, since eight II hundred fifty-two pesos is the

value o'f the afor,e-menti-oned orexana bov~ne cattle. let, Don Luis

t4ariano Menc'haca be informed 'by me of the formation of this aCcoWlt,

so that" aware of it,'he may tender the above-cited eight hundred

fifty~two pesos at the time the no~ification is' made. Thus when

13'

delivery [of that sum] is made, it may be deposited in the chest'

designated for custody of monies belon~ing to the branch 'Cof revenueJ

for fees for the catching of orexana cattle and mustang horses. C'-Th.en

this is] done, let C~1enchaca] be issued the corresponding gu1B. so that

he may export the four hundred ten head represented [thereon] and the

two hundred two (head) branded with the brand of various residents qf

these settlements, so as to drive them to the place most suitable to

11im. 'Thus it is provided, ordered, and signed by me, the aforesaid

governor, at this Royal Presidio of (San Antonio deJ Bexar, on the

fourteenth day of the month of June, seventeen hundred eiehty-four,

before the attesting witnesses with· whom I act in the absence of a

notary, doing so on this plain paper, as there is none stamped. This

I certify •.

Cabello[Rubric]

(cross]Jose'Plazido de Monzon

(Rubric]attesting witness

Pedro D!as del Castillo(Rubric]

attesting witness

CD.S.,· 4-4v pp •., in E. 5/17/1784-11/23/1786)

5II

At t11e Royal Presidio of San Anton,io de Bexar' and villa of, '

Sn.,n li'ernando, on the fourteenth day of the month of June, in

the year seventeen hundred eighty-four t It the ~foresaid governor,

pursuant to tlle aforegoing decree, ca.used Don Luis r1o.riano Menchaca, a

resident of the said presidio, to appear before me. vfuen he had been~

brought into my presence, I made known to him its content and that of

the account compiled on the bovine orexana cattle he had caught. In-

formed of everything, he stated that he was satisfied with it and in

virtue thereof he tendered in cash the eight hundred fifty-two pesos

which was the value of the four hundred ten head with ,respect to the

n~~ber, kind, and quality, according to'the prices at which th~y were

sold on His ~1ajesty's account and which are evidenced in these pro~

ceedingso I, the aforesaid governor, considered myself to be sat-

isfied and in receipt of the above-mentioned eight hundred fifty-tvTO

pesos in order to deposit it in the chest designated ,for' the custody5v

of monies pertaining to the branch Cof revenueJ II for fees on the

catching of orexnna cattle and mustang horses. [The amount wasJ en-

tered in the master book maintained for carrying the account and

record of the proceeds (which areJ the value of this item. And so

that ~it may be in evidence for all time, I si~ned Cthi8~ with the said

'Luis Mariano Menchaca, before the attesting witnesses with whom ,I act

in the absence of a notary, doing so on this plain paper, as there is

none stamped. This I certify.

DomCineJo Cabello(Rubric]

'Luis, Mariano Menchaca[Rubric]

[crossJJos~ Pl~zido de Monz6n

(RubricJattesting witness

,15

Pedro D!as del Castillo(Rubric'J

o.tte'sting witnes8

CD.S., 5~5v pp., in E. 5/17/17A4-11/23/1786J,

Decree Whereas the eight hundred fifty-two pesos paid by Don

Luis Mariano Menchaca in fees on four hundred ten head".l)

of bovine II oreJana [cattleJ which he caught have been deposited in

the chest with three locks, and [sinceJ he has been p;iven the appro-

priate~ to export them to the place he deems most suitable, let

these proceedings ,be considered closed, and let them be kept for such

effects as ,are and may be appr0priat~. Thus it is provided, or~ered,

and s,igned by me, the aforesaid governor, at ~his Royal Presidio of

SCaJn AntConiJo de Bexar, on the fo~rteenth day of the month of June,

seventeen hundred eighty-four, before the attesting witnesses with

whom :I act in the absence of a notary, doing so on this plain paper,

as there is none stamped. This I certify.

Cabello[RubricJ

,[cross)Jose 'Plazido de Monzon

(RubricJattesting witness

6v1/

Pedro D!as del Castillo[Rubric]

,attesting 'W'itnes~

CD.S." 5v-6 pp•• in E. 5/17/1784-11/23/'1786J

Blank

7II

"'uto

(cross]

At the Royal Presidio of S[n]n AntConfJo de Bexar' and

villa of SCa]n !ern[nnJdo, on the twenty-fourth day of

the month of July. in the year seventeen hundred eiahty~four. I, Don

DomtingJo Cabello, Colonel in the Royal Armies, Governor, and Commandant

of Arms of the Province of Texas, its Missions, Conquests, and

Fron~iers, Captain of the Cavalry Company of the Royal Presidio of

S(aJn AntConiJo de Bexar, and Inspe~tor General of the Iv1i11tia Corps

and Presidial Troops of the said Province by Commission Conferred by

the Lord Commandant General of the Interior Provinces of this Kingdom

of New Spain, [do state the following:] I have been given a secret

denuric,iati<;>o [charging] that when Don Luis Mariano 14enchaca, a res-

ident of this presidio t made his capture of the orejano bovine cattle

l}e was permitted to export, from ,this province in the previous m,onth of

June t 'upon having purchased them from His ~1ajesty at prices comrnensu~

rate ':with their ages and quality as evidenced in the proceedings c~n...

ducted for that purpose t he left at the Ranch of SCaJn Fran(cis]co'a

portion of cattle of all ages, which he separated from 'the ,principal,

herd he exported to the province of Coahuila' and presen~ed in order 'to7v

pay I / the corresponding f~e; that, h~ placed' his mark pn ..them; that '

they ,,:remain (at the ranch] as if they were his own; and that he' has

not presented them in order to make payment of the fees due on them.

This ,proves the malice, deceit, and fraudulence of'this'act. He ap-

propriated the afore-~entioned cattle without 'the required prerequisites

and violated thereby the bando issued by the lord commandant general of

these Interior Provinces on the eleventh day of the mon~h of January in

the previous year seventeen hundred seventy-eieht. published at this

pres.idio on the twelfth (lay of the said month and year. [He vlolated1

others I have oruered publislled pursuG.11t tClereto to irn.pede the invet-

erate custom of the residents of these settlements who are prone to

com.~it and do frequently commit the appropriatins of as many orejana'

cattle as they can take without paying ,the due royal fees. I must

therefore take such steps and measures as are possible in order to

proceed with the punishment of violators [committingJ such exce~ses

and [ienorinl:~J the a.foresaid superior decisions, so tha.t (those who

are punished] may serve as an ex~mple to curb the injuries result~n~

8II against the royal assets. I thus should order and do order the

examiination under oath of some of the pe'ons who a.ided in catching the

herd of cattle which the afore-mentioned Don Luis Mariano Menchaca

acquired at the ranch of S(aJn Francisco and separated for p,re-

sent~tion and payment of the ,royal fees as well as those he stealthily',

and maliciously marked and branded a~ said ranch after unduly acqu1r-

ing them. Also (the peons are to be asked] whether tnere were two

hundred two theadJ branded wi t11 various brands. so that with what they

testify to in their declarations a 'full and true knowledge may be had

of al+ the afore-m~ntioned fact's, in· order to proceeq., in vIew there-

of, t9 do as was advised in the repeated orders the lord commandant

eeneral 'issued to ,prevent the' frauds that, have been committed in thisBv

rnatter. Thus 1/ I have provided, ordered, and signed. before the

attes~ing witnesses wlth whom' I act in the absence of a notary, doing'

so on· this plain paver, as there is none, stamped'. This I certify.

10

Dom~in~]o CabelloCHubricJ '

(cross]Jose Plazido de Monz6n

, (Rubric)a~testinR witness '

'; .

1st Witness:Statement ofAmador Delgado,resident ofthis presidio,40 years of age.

Pedro D!as del Castillo(RubricJ

, attesting witness,

CD.S., 7-8v pp., in E. 5/17/1784-1~/23/1786J

At the Royal Presidio of SCaJn AntConiJo de'

Bexar and villa of S[aJn Fern(anJdo, on the

twenty-seventh day of the month of July, in,

the year seventeen ,hundred eighty-four, I,

Don DomC in,g]o Cabello, Colonel in the Royal Armies, Governor and

Co~mandant of Arms of the Province of Texas, &c., in order to give

effect to what is ordered in the aforegoing auto, caused Amador9

Delg~do, a resident of this said presid,lo I / and villa to appear

before me. \ihen he was brought into my presen~e, I received his oath

befor,e the attesting witnesses with whom I act in t'he absence' c,f a

notary, which (oathJ he swore by God Our Lord, with a sign of His Holy

'Cross in legal form, and concluded by saying "I do so swear'" and

"Amen." Under the charge. thereof he' promised to tell the truth in what

he ~~v and might be asked. [Questioned] as to whether he was one of

those with whom Luis Mariano Menchaca caught the orejano cattle ~f

which he was given permission to export a herd during the past month

of June===he replied===that he was one of those asked about.===Asked===

what the n~ber of orejana cattle was that the said Luis Menchaca

left at the ranch of S[aJn Fran(cis]co Qr any other place,

19

which. he branded and marked witil llis' brand and· mark H.nd did not

include in the herd he exported from this province===he replied===thnt{

it was impossible to say exactly, since the' said brandines were done

by shifts., or rather at times in the morning and at times in the af..

ternoon, and took about 'four or five days, during which tirne--as it

seems and as indicated by his knowledge of the countryside--around

three hundred to four hundred head could have been branded and mark.ed •.

He cannot say exactly, since he did not keep the tally or account of9v

all those marked and / I branded, esp'ecially since he came to this

presidio before the herd departed for [the presidio ofJ El Rlo

Grande.===Asked===how many hands were employed in the work of roping,

bran~ing, and marking the said cattle==~he replied===that including Q'

boy in charge of heating the branding iron, there were eighteen per-.

sons involved in the said operation.===Asked===whether he knew. theI

number of branded head that the said Lu~s Menchaca·took in the

af·oreisaid r.oundup===he replied===that he was unaw~re, although he did

know 'that many were from tpe mission of CNuestra Senora dJel CEJspC!riJtu

Santo,Cde Zuniga), 8CaJn Antonio [de Valero MissionJ, and various res~-

dents, of which (Menchaca] took note to see if (the ownersJ wanted them

sold,'J and h~ did this when he came with 'the deponent to this presidio.,. i

This was all [Delgado] had to say on what he was asked. about. \Vhen

read this'his statement, he said that it was correctly set forth, that,

nothing should be deleted from ·or added to ''Wllat he had testified, that,

he confirmed and ratified it under the ~bl.igation of the oath he:. 10

swore~ that II he 'was forty years of ~ge, more or less, and that the

gener~l leg~l (preclusions of testimony] were not applicable to him

20

with respect to L~is Menchaca. He signed this with me b~fore the

attesting witnesses with whom I act in the absence of a notary, doing

so on thin plain paper, as there is none stamped.

Cal)ello(Rubr~cJ

This I certify.

Amador Delgado(RubricJ

" (cross]Jos~'Pl~zido de Monz5n

(RubricJattesting vitness

2nd \iitnes s :Statement ofFranCcis]co~,1onte.s [deOcaJ, residentof sa,id presi­dio, ,~O years ofage

Pedro D!as del Castillo·'[RubricJ

attesting witness

CD.S. t Bv-IO pp., in E. 5/17./1781~-11/23/1786]

In the Royal Presidio of SCaJn Antonio de

Bexa~ and villa of SCa]n 'Fernando, on the

twenty-eighth ~ay of the month of July, in

the year seventeen hundred eighty-four, It

Don Domingo Cabello, Colonel in the Royal

Armi~~, Governor and Commandant of Arms: of the Province of Texas, &c.,lOv

to effect 'Wha.t II was ordered in the'aforegoing ~t caused

F'ranC'cisJco Montes,' a resident of this said presidio. to appear before

me. When he was brought into my presence, I received from him his

oath before ·the attesting witnesses with whom I act in the absence of.

a notary. which (oathJ he swore by God Our Lord, with a sign of IIi.s

Holy ~ross in due legal form, and concl~ded by saying "I do so swear"i

and "Amen." Under the charge thereof htr promised to tell the truth in

what he knew and might be asked. [QuestionedJ as to whether he was

one ot the hands who aided in making up :the herd of orejano cattle

?l

which Luis, ~1nrinno t-1enchuca caught to export from this province===he

i 'rep~led===that it is true he was one of the hands in qucntion. He had

'gon~, along to drive (the herd] as far as the prenidio of [San Juan

BautIsta dJel R!o Gro.nde.===J\sltcd===whnt number of hea.d of the Baid

orejnnns the afore-mentioned Luis Menchaca left branded and marked at

his ranch of San Francisco and did not 'include in the herd he ex­11

ported===he replied===that although II in one day he saw several

oreja·na cattle branded and marked, it was not possible for him to say

what the exact number could be nor even make a close estimate, since

he was employed caring for all the cattle. ===Asked===Who among thos,e

work~ng at the branding and ma.rking he ',could name speci,fical1y=~=he

repl~ed that it seemed Marcos' Sepeda, ManCueJl Delgado, Tadeo de'los,

Santos, Mat!as del Rlo and Jose AntConiJo Sauseda [were involvedJ.

This ~as all CMontesJ was able to say on what he was asked about.

~nen read this .his statement, he said it was correctly set forth and

that he had nothing to delete from or add to what he had testified.

lIe copfirmed and ratified it under the obligation of the oath he had

sworn and (saidJ that the eeneral legal (preclusions to testimonyJ

were .hot a~plicable to him with respect to the'afore-mentioned Luis

lvlencqaca. tHe saidJ that he was thirty" years of aee. lie signed

(thi~J with met before the attesting witnesses with whom I act in the

ab6e~ce of a notary, doing so on this plain paper, as,there 1s none

Cabello(Rubr'fc]

This I certify.

Fran(cisJco Montes de Oca[Rubric]

, (cross]Jos~ Pl~zido de Monz6n

[Rubric)attesting witness

Pedro Dfas del Castillo[Rubric]

attesting witness

CD.S., 10-11 pp.~ in E. ~/17/1784-11/23/1786J

llvII

3rd ,Witness:Statement of!vlnth:!as deel H"~o t resi­dent of' thispresidio. '40:Y'ea~s of aF;e.

In the afore~menti9ned presidio. on the said dBY~

month and year. It the above-named governor, to

effect ,.,hat was ordered in the~ at the [lead

Cof these statem~ntsJ, caused Mat!as del R10, a

resident of said presidio and villa, to appear be-

fore me. When he was brought into my presence, I received from him

his oath before, the attesting witnesses with wh9m I act in the absence

of a notary, which [oathJ he swore by God Our Lord, 'with a sien of Ilia

Holy, Cross in due legal form, and concluded by saying "I do so swear"

and '~Amen. It Under the charge thereof ~e promised to tell the truth 'in

what .. he knew and might be asked. [Questioned] as to whether rAe was

one o.f the hands who aided in making up the herd of orejano cattle

that.Luis Mariano Menchaca caught to export from this province===he

replied===that he was one of the hands in question.===Asked===what~

number of head of the said orejanas the afore-mentioned Luis ~~enchaca

left pranded and marked at his ranch of San Francisco.and did not in-~

elude !n the herd he exported===he replied===that he could not say

exact~y, since he did not go where they were separating th~ branded

and marked (cattle from the othersJ. But he believed the ones sep-

arated from the herd must have been around two hundred head including12

small,' and / / large ones. [TheseJ were branded and marked and re~

mained in the pastures of the ranch of SCaJn FranCcisJ,co apart f~Oni

those. comprising the herd with which th~ witness went as far as the

presidio of El Rlo Grande. This was a.ll (del R!oJ was ,abl,e to say on

what qe was 'asked about. \fuen read thi,~ ,his statement t he :sa.id it was

correctly set forth and that he had nothing to delete from or add to

what he had testified. He confirmed and ratified it und.er the obli ..

gation of the oath he had sworn and [naid) that the general leRal

[preclusions to testimonyJ were not applicable to him with respect to

the afore-mentioned Luis Menchaca. [He said] he was forty years of

age, more or Ie'ss. lie signed (thisJ with, me before the attesting

witnesses with whom I act in, the absence of a notary, doing so on this

plain paper, as there is none stamped.

Cabello(Rubric)

(cross]Jose Plazido de Monzon

(RubricJattesting witness

This I certify.

Mat!as del Rr1:o[Rubric)

Pedro D!as del Castillo(Rubric],

attesting' witness

4th Witness: 12vStatement /1of 'radeo de losSantos, residentof this saidpresidi~t 26years of age.

CD.S., llY-12 pp., in E. 5/17/1784-11/23/1786J'

Thereupon, in said presidio, [on the same] ,

day, m~nth, and year, I, the aforesaid

governor, in order to put into effect that12v

which was ordered 1/ in the auto at the

head [of these statements), caused Tadeo de

los Santos, a resident of said presidio and villa, to appear befor~

me. When he was brought into my presence, I received from,him his

oath before the attesting witnesses with whom I act in the absence of

a notary, which [oath] he swore by God Our Lord, with a sign, of IIis

Holy Cross in due legal form, and concluded by saying "I do so swear"

and, "Amen. U tJnder the charge thereof he' promised to tell the truth in

'W'hn,t he k,ncw and migllt be asl"ed. [QuestionedJ as to whether he was

one of the hands 'Who aided in making up the llerd of orcjano cattle

that Luis Mariano Menchaca caught'to export from this province===he

repli'ed that he had been one of the harlds with whom Luis l~enchaca made

the roundup of orejano and branded cattle comprising the herd he ex-

ported to the province of CO,hahuila., Wllich the witness helped drive to

[San Juan Bautista delJ R!o Grande.===Asked what number of orejano

cattle, including large and small, the above~mentioned Luis Menchaca

separated and left branded and marked at his ranch of S[aJn FranCcisJco,13

and which were not included or II comprised with t~e herd referred

to===he replied===that to his knowledge they must have separated two

hundred head, including large and small. and branded'and marked them

with the brand of the said ranch. After branding and marking them,

,they went and left them at the rincon of the ancon of San Pedro and

they were not included in the herd that departed [for' Coahuila. He

said] that [personsJ who miGht know in more detail the exact number'

the said cattle comprised were ~1arcos Cepeda and Julian de Arocha,

since they kept account of the tally, as he heard the aforenamed

Julia.n de Arocha say. And after the witness returned, 11a.vin{~ left the

herd 'at the presidio of El Rlo Grande, he was gettinr: ready to mal<e up

another [herdJ with SantiaGo Seguln,'or this vicinity, when he saw a

secluded spot containing about seventy head of those that were

branded, as stated above, by Luis ~1enchaca. They were wandering13v

together at Marcelino, which is one of the pastures Of II ' the

afore-named ranch. This was [all de los Santos] vas able to say on

what he was asked about. When read this his statement, he said it was'

correctly set forth and that he had nothing to delete from or add to

, what he had testified. He confirmed and ratified it under the obli~

Ration of the oath he had sworn and (saidJ that the general le~al

(preclusions to testimony] were not applicable to him with respect to

the afore-mentioned Luis Menchaca. [He saidJ he was twenty-six years

old. As he did not know how to sign, he mad~ the mark of the cross.

I signed hereon before the attesting witnesses with whom I act in the

absence of a notary. doing so on this plain paper. as there is none

stamped.

,Cabello(RubricJ

This I certify.

[Cross mark of Tadeode los Santos]

[cross)Jose Plazido de Monzon

[Rubric]attesting witness

Pedro Dlas del Castillo[RubricJ

attesting witness

5th Witness:Statement of 14Don Marcos de 1/Cepeda, residentof this saidpresidio, 35 yearsof age.

(D.S., 12v-13v pp., in E. 5/17/1784~11/23/1786J

In the said presidio., on the, same day, month,

and year, I, the 'aforesaid governor. to ef­14

feet what was ordered II in the~ at the

head Cof these statementsJ, caused Don Marcos

(de) Cepeda. a resident of this above-cited

pres~dio and villa, to appear before me. When he was brought into 'my ,

presence, I received from him his oath before the attesting witnesses

with whom I act in the absence of a notary, which [oath) he swore by'

27

God Our Lord, wi th fl si~n of His }{oly Crooa in due lep:al form, ann

concluded by saying ttr do so swear" and "Amen." tJnder the charp;e

ther'eof he proTnis~d to tell the truth in ,.,hat he knew and mi"'ht be

asked. (Questioned] as to whether he was one of t11e hands who a1.ded

in malting up the herd of orejnno cattle whi~}l I"uis f\1ariano Menchaca

caught to export from this province===he replied that he had been one

of those with ",110m I.luis r'1ariano ~1enchaca made the roundup of orcjnno

and branded cattle comprising the herd he exported to the provi~ce of

Cohahuila, and the deponent helped him'drive them to I~l TIlo Grande.==='

Asked===what number of orejnno cattle, including l~rge and small, the

abov~-mentioned Luis 11enchaca separated and left branded and marked at

his ranch of SCaJn FranCcisJco, and which were not included or com-. 14v

'prise~ with the herd referred to===he replied=:=// that he was only

pres'~nt one day while the orejano cattle in' question were being brand-I

ed an~ marked. Thus he could not ,give an accurate report of the num-

ber branded and marl~ed. On the next day the work was' continued, he

could: not be present, since he had been employed at removing the

branded cattle of various owners which the said Menchaca had in his

herd from tpe other (cattle, theJ orejano[s], which comprised the main

body of (the herdJ. IIaving found a secluded place to which the. said

orejano cattle, which had been branded and marked, had been prodded,

he was curious to count the sald driven CcattleJ. He saw that t·here

were 9ne hundred fifty. He also guessed there were as many more

orejana head branded and-- marked. for he :had seen the afore-mentioned

Luis r'1enchaca take them by hand.===Asked===where they put all those

. branded' cattle===he replied===t~at after they separated the branded

·e

and ,o'rcJano cattle the herd was to comprise, he in aware that they15 '

lef~, them / / to go on th'eir ovm to the pastures of the nforenftmed

rnn~h, asusunl. This was all Cde Cepeda] had to say, on what he was

ask~d about. When read thin his statement, he said it was correctly

set forth and that he had nothing to delete from or add to what he had

testified. He confirmed and ratified it under the obligation of the

oath'he had sworn and [said] that the general legal [preclusions to

testimony] were not applicable to him with respect to the afore-

mentioned Luis Menchaca. [He saidJ he was thirty-five years of 'age,

slightly more or less. He signed this with me before the attesting

witnesses ~ith whom I act in the absence of a notary, doing so on this

plai~ paper, as there is none stamped.

Cabello(RubricJ

(cross]Jose iPlazido de Monzon

(RubricJattesting witness

This I certify.

Marcos de Zepeda[RubricJ

Pedro n!as del Castillo(RubricJ

attesting witness

CD.S. t 13v-15 pp., in E., 5/17/1784-11/23/1786J

29

15vII6th :Witness:Stat'enlent ofJos~~ J\ntConiJoSau~cdbt resi..dent. of saidpresidio, 38years of age

In the Royal Presidio of S(aJn AntConiJo de Bexar'

and villa of SCa)n FerntanJdo t on the twenty-ninth

day of the rnonth of Jllly. in ,the year seventeen

hundred eighty-four, I, the aforesaid governor t to

effect what was ordered in the~ at the head

(of these statements), caused Jose AntEoniJo Sausedo, a resident of .

said presidio and villa, to appear before me. When he was brought

into my presence t I received from him his oath before 'the attesting

vitnesses with whom I act in the absence of a notary, which [oathJ he ' .

swore by God Our Lord, with a sign of His Holy Cross in due legal

form~ and concluded by saying ttl do' so swear" and "Am.en." Under the

charge thereof he promised to tell the truth in what he knew and might

be asked. [QuestionedJ as to whether he was one of the hands who"

aide~ in making up the herd of.orejano cattle which Luis Mar~ano

Menchaca made during the past month of June to export from this

the above-mentioned Luis Menchaca separated and left branded and

marked at his ranch of S[aJn Fran(ci~Jc9, and which were not included

or cQmpris'ed with the herd referred to===he replied===that he did not

know~. because he was busy lassoing and cutting out the calves.===Asked

what number of oreJano cattle they brought to the corrals during the

two gatherings held for that [purposeJ===he answered===that he did not!

remember. Asked===hov many days they spent branding the c~ttle in

que~tion==7=he replied (that it tooltJ two days. or somewhat lenD.===

Asl{Etd===how many men were employed in branding the naicl orej ano

cattle===he replied===that he knew eighteen or nineteen to have been

employed in the afore-mentioned tnsk.==;Questioned===as to how many

head, of cattle each man, or the eighteen mentioned, could mark and

brand each' day===he replied that approximately sixty must have been

ma.rl{ed each day. ===He was warned===t11at since it 'was recoc;nized a.nd'16v '

realized that he had committed perjury II by not telling th~ truth

abou~ what he had been questioned. on, that he had obscured it because

he ~~s a comrade of and half related (sic] to Luis Mariano Menchaca,

and ~hus wished to distort the excessive number of orejano cattle he

marked. branded, and left in the pastures of the ranch of SCaJn

FranCcisJcQ with ownership rights without presenting or showing them

in order to pay the due royal fees--he was thus being warned once,

twice,. and ·three times to tell the truth on the matters asked about,

since, there were manifold reasons for his knowing the exact number of

cattle branded and marked by the afore-mentioned Luis Menchaca.,===fle

resporded===that in reply to what had b~en asked'of him he could not

say something he was not sure'of.===Asked===to tell the number Of

branded cattle that were in the herd exported by Luis Mariano Menchaca,

since :the deponent (Sausedo) went to drive the herd from the ranch of17

S(a]n 'FranCcisJco to the presidio of El Rlo Grande II ===he replied•••

that he could not s~y the exact number there were, but that he had heard

it ex~eeded 'tvo hundred head. When aske:d several Cfurther] questions

and cross-questions on the case at hand,. he said that he knew no more

than vhat he had testified. 'Vhen read this his statement. he saidI

31

that it was correctly set forth ·and that he ho,d nothing to add to or

dc~ete from what he hud testified under the obligation of the oath he

had sworn. . (He said] that although the afore-mentioned Luis r4enchaca's

wi,fe and the deponent's were cousins, he ha.d not failed to tell the

truth in what he had been asked, (and ad~edJ that he was thirty-eieht .

year~ old•. He signed (this] with me, before the attesting witnesses'

~ith whom I act in the absence of a notary, doing so on this plain

pape~, as there 'is none stamped., . This I certify.'

Cabello(RubricJ

(cross]Jose Plazido de Monzon

(RubricJattesting witness

I'

I. \

Jose Antonio Sauseda(RubricJ'

Pedro n!as del Castillo[RubricJ

attesting witness

CDQS., 15v-17 pp., in E. 5/17/1784-11/23/1786)

17vII

i

7th Witn~ss:,Stntctnent of~1anuel Delgado,resident orsaid",prcsidio,l~O years of a.ge.

Immediately' thereupon, in the s'aid presidi'o,

on the same day, month, and year, I, the

above-named ~overnor, to effect what was

ordered in the auto at the head (of these

statements], caused ~1an[ueJl Delga~o, a resident of said presidio and,

villa, to appear before me. When he was brought into my presence, I

received from him his oath before the attesting witnesses with whom I

act in the absence of a notary, which (oathJ he swore by God Our Lord,

with a sign of His Holy Cross in due legal form, and concluded by say-

ing f1:1 do so swear" and "Amen." Under the charge thereof he' promised

to tell the truth in ,what he knew and might be askerl. [QuestionedJ as

to whether he was one of the hands who aided in making up the herd of

orejanq cattle which Luis Mariano Menchaca made during the past month

of June to export from this province===he replied===that it was true,

he was one of them.===Asked===what number of orejano' cattle, including,

small and large, the above-mentioned Luis Menchaca separated and left

branded and marked at his ranch of S[aJn Fran[cis)co, and which were

not included or comprised with the herd referred to===he replied=.­18

II that he did not know, because he was employed in lassoing and

subduing (them) to brand an,d marl( CthemJ:.===Asked===what number of

breJano cattle they brought to the corrals during the two gatherings

they held for [that purposeJ===he replied===that he did not know,

because he did not count them.===Asked===how many days they spent

branding an~ marking'the cattle in question===he replied===that it,

seemed: to h~m they took four half days for the said task.===Asked===to

33

saY.1 since he was one of the men hired as a coW'b~y' and havinr; the

~reatest knowledge in the matter, how many cattle were branded. and

rnarl~ed on ·those .four half d.a.ys===he replied===~hat he did not know how

Inan~;: there' were, since he was busy lassoing and subduiri~ (cattleJ. ===.I

Asked===how many men were employed in branding and marking the said

orejano cnttle===he replied===that. as he recalls, those employed in

the ,said work were seventeen. including the one who was heating thel8v

iron.===As:ked===how many head of cattle / I the afore-cited number

of persons were able to brand and mark on each of the four half days

he s~ys were spent on it===he answered===that he did not know how many

head of cattle could be branded during .the period in question.===

Asked===how many branded cattle Luis Menchaca took in the herd he

removed to Rlo Grande===he replied===t~at he did not know.===He was

repr~manded:===Since the deponent was the only one who went t~ make up

the said herd, he had learned and was aware of the number of orejano

cnttte that Luis ~ariano Menchaca branded, marked, and left at his

ranch afore-~entioned. [The witness] was aware of the secluded places

the said Luis and his uncle Felis had, where they separated and marked

the number of orejano cattle they branded. [Thus the deponent] was!

not telling the truth or disregarding his comradeship or bosom

frie~~ship.with the aforenamed Luis Menchaca, [but lie~J to free from

penal~Y the afore~mentionedMenchaca. Consequently he was reprimanded:.' '19

and II. admonished once, twice. and three times to tell the truth

about; what he was questioned on, with the understanding that the

detr~ment provided by law would redound to him tif he refusedJ.===Hei

replied===~hat he knew nothing more tha~ he had said.===He was asked===

where the oreJnno cattle we~e kept which the snid Luis'Menchaca

brnli~ded and mar]{ed. ===He replied===that they took the' first cutoff for

the ~asture of the anc6n of San Pedro, and the others, for the pas-

ture:s on the arroyo of La ~1ora.===1·Ie wa.s reprimanded (and FLsked.]===

whether he could not, really and ,truly or by a conservative estimate,

sta~e what the number of said branded and marked cattle amounted to.===

He replied===that he did not know, as ~e had not counted them. And

when, several (more) questions and cross-questions pertain,inr; to the

case had been put to him, he stated that he knew no more than what he1

had testified. When read this his statement, he said that it was

corr~ctly set forth and that he had nothing to add to or delete from19v

what:he had testified under the obligation of the oath 1/ he had

sworn. And though the general legal (preclusions of testimony] were

appl~cable to him because of his being a cornEadre espiritual ,of the

aforenamed Luis Menchaca, he had not for that (reason] failed to tell

the truth in what he had been questioned on. (He said] he was,ap­

'proximately forty years of age. He signed (thisJ before me with the

attes,ting witne'sses with whom I act in the absence of a, notary, doing

so on this plain paper, as there is none stamped.

"

CabelloCRubrfc]

!

This I certify.

Manuel Delgado[Rubric]

'[cross]Jose ,Plazido de Monzon

[RubricJa~~esting witness

Pedro D!as del Castillo[Rubric]

attestinR witness

[D.S., 17v-19v pp., in E. 5/17/1784-11/23/1786J

i

Auto'-----

35

In the Roya.l Presi,dio of San AntConiJo de Bexar and villa of

e.

San Fernando, on the thirtieth day of the month of July, in20

the year seventeen l1undred eig}1ty- / / four, I t the aforesElid gover-ii

nor,: am aware of the malice wherewith Jose AntConiJo Sauzedo, 6th

witness in this sumaria, has proceeded 'in the narrati.on of his

testimony" obscuring the truth of what he was questioned on. [This'

occurredJ as a result of his not wishing to disclose 'the number of

cattle his client Luis ~1ariano Menchaca branded and marked. And since

'it is such a tenacious and inveterate c,ustom among the people of this

coun~ry to perjure themselves in such cases, losing sight of the re-

ligious obligation of an oath, and lacking the respect which is due

when they are questioned by a qualified judge of my circumstances; !

thus :find it appropriate to impose on the said Sauseda some punishment.

For he was knowledgeable, as were the other witnesses, of what occurred

at the said brandings and has concealed it with amphiboles not proper

for the legality with which he ought to have proceeded. I therefore

must command and do command that he be placed for fifteen days in the20,v

stock's / / in the guardhouse at this presidio, having been informed

of th,e cause for which this punishment is bein{!; imposed on h'im. I

look upon him with total Gympathy; yet if he commits the same crime

again" he shall be proceeded against to such a degree as is allow'ed by\

I

law. ',:Thus I have provided, ordered, and; affixed my signature, before

the A,1testing witnesses with whom I act:in the absence of a notary,

doing~i:so on this plain paper, as there is non-e stamped. This I

cert~fjy.

DomCingJo Cabello[RubricJ

Cerosn]Jos~ Pl'zido de Monz5n

[Rubric)attesting witness

Pedro n!as del Castillo(RubricJ

attesting witness

[D.S., 19v-20v pp., in E. 5/17/1784-11/23/1786)

(San Antonio de] Bexar, (

. July 30, 1784 )

21On this date, 1/ that which was:ordered in the aforegoine~

was ~ut in~o pure and due effect according to information given by the

corporal of the guard at said presidio~ in evidence whereof I place

Cthi~J in the proceedings and certify it.

Cabello[Rubr~cJ

(D.S., 20v-21 pp., in E. 5/17/1784-11/23/1786)

e.

21v/1 Blank

1/ Senor Governor:

.e

[I), ;Jose Anttonio Sauseda ~ a resident of this' presidio ',of SCaJn

Antonio de Bexa~r and vi'lla of San Fern~ndo, \tith Call due] solemni.ty',

appear before Your ,Lordship and say Ithe followingJ: ,I was called

befqre your just tribunal to state, under the sign of, the Crosa, what!

I kn,ew about (the matter] I would be questioned on. And (being queS-

tionedJ by Your Lordship I beca~e so frightened that it, was impossible

to gtve utterance to' anything I was questioned about. Being impris-

oned I stopped [to thinkJ about what I had declared, ancl I have found

in my conscience ,that what I stated is ,not the same as what occurred.

In view thereof, I humbly beseech Your ,'Lordship to have me taken from

the imprisonment in which I find myselt, in order that I may reveal

before your court that which by God and through' God is true; wherefore

:1 humbly beg Your Lordship to do as ! have asked. that all jus~!

tice '"and mercy may redound to me. And [I ask] that this petition be

acce~ted from me on the present plain paper, as ,there is in this

province none stamped.=:=! swear===that I bear no malice and CI swear]

on whatever [oathJ is necessary, &c.

Jose Antonio Sausedo[Rubric)

CD.S., 22 p., in E. 5/17/1784-11/23/1786J

Decree CI haveJ seen [Sausedo's petitionJ. Let it be added to, 22v

the sumaria being conducted 1/ for investigation of

the n;Umber of cattle Luis Mariano Menchaca branded and marked without

prese~ting them for payment of the royal fees due on them. And not-

I'

wit~standing the sufficient proof that exists of the crime engaged in

by t~e ar6re-mentioned Menchaca--of violatin6 [the law] by' unduly ap~'

propriating such an excessive number of orejana cattle-'-and the peti ...

tio~er's LoffenseJ--in not completing ~is declaration on the terms he'I' I

was obliged ta--and since' (Sausedo) may have a.cted on the matiyes to

which he ascribes [his perjuryJ, and (becauseJ it is advisable that he

literally and categorically clarify what he has been asked about; let

him :be made to appear, so that a second stateme~t may be taken, so

that I may bring about such effects as ,are and may be appropriate.

Thus,' I, the aforenamed governor, have provided, ordered, and affixed

my signature; at this Royal Presidio of S,[aJn AntConiJo de Bexar and23

villa of II S[aJn Fernando, on the thirtY-first day of the month of

JulY;,in the year seventeen hundred eig~ty-fourt before the attesting,

vitn~sses with whom I act in ~he absence of a notary. doing so on

this',plain paper, as there is none stBJ'riped. This I certify.

Cabe4.1o(Rubr1cJ

;l[crossJJose 'Plazido de Monzon

i (RubricJattesting witness

6th '';,itness:Second statementof Jo:se AntonioSaucedo, residentof s~id presidio,38 years of age.

I

·Pedro D!as del Castillo(RubricJ

attesting witness

CD.S., 22-23 pp., in E. 5/17/1784-11/23/1786J'

In the Royal Presidio of SCajn Ant[oniJo. de

Bexar and villa of 8(aJn Fern(anJdo, on the

·thirty-first d~y of the month of July, in the .

year seventeen'hundred eighty-four, It the

aforesaid governor, to effec't what waG ordered in the ~,1Jlt the henri

of (th~ sumaria statements] and in the aforegoin6 decree, caused Josg23v

AntConiJo Sausedo, a resident of said /1 presidio,' to appear before

me. \ For this end I ordered him removed from the stocks in the gua,rd.. ,'

house of tihis presidio pursuant to what was ordered in the auto issued

yesterday, found on p,ages 19 verso to 20. When he was brought into my

presence, I received from him his oath before the, attesting witnesses

with: whom I act' in the absence of a notary, which (oath] he swore by

God Our Lord. with a sign of I{is Itoly Gross in due legal ~orm, and'

concluded by saying "I do so swear" and "Amen." Under 'the charge

thereof he 'promised to tell the truth in what he knew and might be

aske4. He vas asked to state--since he was entirely at liberty and

unde~ no oppression whatsoever--whetheri he was one of the hands who

assisted in catching oreJano cattle from which Luis Mariano Menchaca

gathered a herd which he exported to the province of Cohahuila in the

past ,month of June. ===lIe replied===that he ,vas one of, those in ques-

tion~;===Asked===Whatnumber of ore,"Jano cattle, including small 'and24

iarg~'t the aforenamed / / Luis l'1enchac~ separated from his total

catch~ and left branded and marked at his ranch of S[aJn Fran[cis]co,j'

without including or counting them among the afore-mentioned herd===

he replied===that his memory had returned and been rehabilitated

cO,ncerning the question put to him. lIe said that by tallying the

number of head branded and marked on the days he' was present at said,I '

brandtngs, the (number ofJ animals branded was three hundred.===IIe was

asked===what number of orejano cattle they brought to the corrals in

the t~o gatherings they made for that CpurposeJ.===He replied===that

e'

he heard it spoken among the hands in attendance to' make up the said

her~, that A.t the first roundup there must have been six hundred to '

seven ,hundred head, and at the second,: around four' hundred to fi ve

hund,red. ;rrom this number four hunclre<i ten were ,cut out, and these ~

with another two hundred two, were to comprise the number of'which the

herd', was made up which was exported to the province of Coahuila. 'So24v

there were' in all II six hundred twelve. When several CotherJ

questions and cross-questions pertaining to the case had been put to

him, he said that he had nothing more to say than what he had test~-

fied. 'ihen he had been read this his second statement, he said that

it, was correctly set forth and that he had nothing to add to or delete

from what he had declared under the oath he swore. CHe said] that al-

thou~h the:wife of the aforenamed Luis Menchaca and the witness's

(wif~J were relatives, he had not faile~ to tell the truth concerning

what ',he had been questioned on. [He said] he was thirty-eight years .

of age. He signed [this] with me befor~ the attesting witnesses with

whom II act .in the absence of a notary, doing so on this plain paper,

as th'ere is none stamped.

Cabello(RubricJ

[cross]Jose 'Plazido de Monzon

(Rubric]at~esting witness

This I certify.

'Jose Antonio Sausedo(RubricJ

Pedro Dlas del Castillo[Rubric]

attesting witness

CD.S. t 23-21.v pp., in 1~. 5/17/i784-11/23/1786-]

?~'-J

il '

Decr,ee Whereas the aforegoing statement of Jose AntConiJo .

Sausedo is not found to have the malicious ~mbiguities

of the previous one, found on pages 15 verso to 17, let him be re-

leas.ed from the imprisonment which has I, been imposed on him, and let

the order be sent to the corporal of the guard at this presidio to

place him at liberty. Thus it is prov~ded, ordered. and signed by me,

the aforesaid gov~rnort at this Royal Presidio of S[a]n AntConiJo de

Bexar and ~illa of SCaJn FernCanJdo, on the first of August t in theI . I

year: seventeen hundred eighty-four, before the attesting witnesses '

with, whom I act in the absence of a notary, doing so on this plain

paper, as there is none stamped. This I certify.

Cabello(Rubric]

,(cross]Jose:: Plazido de r.1onzon

(Rubric)attesting witness

Pedro Dlas del Castillo[RubricJ

attesting witness

CD.S., 25 I,p. t in E. 5/17/1784--11/23/1786J'

Decree25v

[I haveJ seen what the aforegoing sumaria proves /1

against Luis Mariano Menchaca. Let a copy be placed

hereunder of the first article of the banda issued by the lor~

commandant general of these Interior Pr'lovinces on the eleventh day' ofI

the ~onth of January, 1778, pursuant to: that which is prescribed in

the ~uto found at the head. Let the liist be added which the aforesaid

~1enq,hacn presented to nle in his own hand and letterine t"o, prove the

numoer of orej nno cattle he llad caught" and was exporting wi th bra~de(l

[cattle) tb the province of Coahuila. so that all [the evidence and

testimony] may wreak such effects as nrc' and may, ~e appropriate.

(\~1en this is] done Clet] autos [be issuedJ. Thus it is, provided,

ordered, and signed by met the aforesaid governor, at this Royal

Presidio' of SCaJn AntConiJo de B~xar an(l villa of SCaJn FernCanJdo,

on the second day of the month ~f August, in the year seventeen

hundred eigrlty--four, before the a.ttestint~ witnesses with whom I act

in the absence of a'notary, doing so on this plain paper, as there is

none stamped. This I certify.

Cabello(Rubric]

,(cross)Jose ;Plazido de Monzon

I ,(RubricJat~estin6 witness

Pedro D!as del Castillo[Rubric)

att'esting witness,'

CD.S., 25-25v pp., in E. 5/17/1784-11/23/1786J'

26II

Article One•••No person of any status, rank, o~ condition whatever may

eo ,?ut to roun(.l up, kill, or catch ore!1nno or mustanr; livestock, [ei..

therJ bovine or equine, throughout the'district o~ this province and

its "frontiers. (This will be enforced] with the penalty, for anyone

who violates it, of forfeiting the animal or animals he has caught,

paying a fine of four pesos for each bovine and two for [each] equine,

and sufferinG eight days of imprisonment in the public Jail for the

firs~ offense; a double fine and imprisonment for the

second; and for the third, the same double fine and

exile for four years to work, on rations and without

CRu"bric ofDomingoCabelloJ

pay, at the royal or' public works to w~ich I shall assign him. No

further proof will be required' for imposition of these penalties

beyond that of apprehending him vith the animals in his possession. ', ~

CC.C., 26 p., in E. 5/l7/1784-11/23/1786J

26vII

:CThe aforegoingJ agrees 'with the o;riginal ther~of" which is found

in the banda which was issued by the lord commandant general of these

Inter,ior Provinces on the eleventh day of the month of January t in tlle'!

year ,'seventeen hundred seventy-eight, ahd published at this presidio

of (San Antonio deJ Bexar and villa of S[a]n Fernando [de Bexar] on

the ~welfth day of the afore-mentioned month and year, to which I

refer. From it, I, Don DomCing]o Cabello, colonel in the royal

armies, governor and commander of arms ~f this province of Texas, &c.,

did order [t11e copy] 'Dlade and did rno.ke it for such effects as are a.nd

may be appropria.te. It is correct and accurate and has been compared

[wit? the original. It occupiesJ one full page of plain paper.

Present to' see it written and proofrea4 were Don FranCcisJco Flores

Galan and Don ~neel Nabarro, both residents living at this presidio of

SCaJn AntConiJo de Bexar and villa of SCaJn FernCanJdo, where [this]

was done on the second day of the month of August, in the year seventeen,

hundred eighty-four; before the attesting witnesses with whom I act in'

the absence of a notary, doing so on this plain paper, as there is

none'stamped. This I certify.

Dom[ing)o Cabello(Rubric)

[cross)Jos~ Pl'zido de Monz5n

[RubricJattesting witness

Pedro D!as del Castillo[Rubric)

attesting witness

(D.S., 26v p., in E. 5/17/1784-11/23/1786J

-~

27/ / .. [cross]

List of Orejano and Branded Cattle

One hundred twenty-six bulls ••• 126

One hundred thirty-eight(old J cowa ••••••••••••••••••' .138

One hundred forty-six cowsof medium age ••••••••••••••••146

J~lO

Branded

29 head with the brand of themission of [Nuestra Senorad]el Esp!ritu Santo. [de'Zuiiiga] •••••••••••• '•••••••••• 029

.16 of same with the brand ofS(aJn AnttConiJo [deValeroJ Mission •• ~ ••••••••••• 016

8 of same with LeonorDelgado's brand •••••••.••••••• 008

10 of same with Guerra'sbrand•••••••••••••••••••••••• 010

8 of same with Zepeda'sbrand •••••••••••••••••••••••• oo8

6 of same with Tla Chana'sbrand •••••••••••••••••• ~ ••••• oo6

6 of same 'with Julian: deArocha's brand ••••••••••••••• oo6

l~ of same with Clem(enJteDelgado's brand ••••••••• ~ •••• oo4

One hundred twenty~five

with the brand of my!father •••••••••••••• ~,•••••.••••125

202

Luis Mariano Me~chnca

(11ubr1c J

CA.n.s., 27 i p., in E. 5/17/1784-11/23/178h~

,e,

27vII

Auto '-

47

On the 11~th of June .. 178h, Don I.luis ~·1aria.no

'1\1enchaca was given Chis] eula. for l~lO oreJanns and

'202 branded [cattleJ, to export them to the prov-

ince of Cohahuila or wherever he deems most ap~

propriate. The corresponding entry has been made

~n the book created for this purpose.

Cabello(HubricJ

(A.D.S., 27v p., in E.. 5/17/l781~-ll/23/1786J

28In the Royal Presidio 'of San ,Antonio de II Bexar and villa'

of S[a]n FernCanJdo [de Bexa.r], on the third day of the

month of August .. in the year seventeen hundred eighty-four~ I, Don

DomCingJo Cabello, Colonel in the Royal Armies, Governor and Commander

.of Arms of the Province of Texas, have ~een these proceedings. CI amJ

aware of the impossibility of finding in Luis ~1ariano M~nchaca's pos-

session the cattle fraudulently withheld by him, as expressed in the

transcribed article. For he left them alone in the pastures of the

ranch of SCaJn FranCcisJco after they were branded and marked, and

about two months have passed since this took place. Thus it is

morally impossible to achieve acquisition,thereof, in lieu whereof the

preceding information has been received which lea.ds to full recogni-

tion of the fraud he has committed, so that he has incurred the pen-

alties imposed in ,the afore.said article. But [because of] the un-

c'erta,inty which arises from the decepti*e depositions of the second

and seventh 'vitnennes in not <leclarinr; a definite number of the cattle

brRoded nn~ marked, and since the fifth witness ntates that it is np-

parent to him that there were a hundred and fifty, while the third and28v

fOtlrth stated there were more tl1o.n / / two hundred, and the first

and the sixth, in a second statement, [said] there were over three

hundred, it is not feasible for me to say exactly the true number I am,

ta make him pay for because of the infraction committed in this mat-

ter. Consequently, for the full knowledge of this cause, I must order

and rdo order the addition thereto and placement at the beginning here-

in, ~f the oric;inal proceedings conducted for Luis ~1aria.no Menchaca t s

purchase from 1115 Maj esty of the four hundred ten ore,1ana head he ex­

part'ed to the province of Cohahuila. vIith the two hundred two branded 4t

Thes'e (pro,ceedingsJ shall be preceded "by those that have been con--

ducted to prove [the number of cattleJ taken without a license or

payment of the appropriate royal fee, the pagination of which

Cdoc~mentsJ will follow that of the first. All of them shall be sent

to the lord commandant g~neral of thes~ Interior Provinces, so,that in

view,: of alIt he may deign to determine ,What is most to his superior

liking. As for the contingencies that may befall along the road29

between II this presidio and the city of Arispe, where the aforenamed

gentleman is located, let a transcript ,be made of the said proceedings,

s~ t~at they may be placed in the archi~es of this governorship for

such ends as are and may be appropriate. Thus I have provided, or-

dered, and siened, before the attesting witnesses with whom I act in

the ~bsence of a notary, doing so on this plain paper, as there is

none~ stamped. This I certify.

DOln(:ing]o Cabello(Rubric]

[cross]Jose Plazido de Monzon

[Rubric]attestine witness

Pedro D!as del CastilloCRubricJ

attestin~ witness

CD.S. t 21v-29 pp., in E. 5/17/1784-11/23/1786J

Royal Presidio of S(aJn Antonio~

de Bexar, August 9, 1784 J29v'

On this date the transcript II ordered in the aforegoine~

was made, as evidence whereof I 'place [thisJ in the proceedings and

certify it.

Cabello[RubricJ

[D.S., 29-29v pp., in E. 5/17/1784-11/23/1786J

301/ [craGo]

!.Jorel Commandant General:

[IJ, Don Luis M~l.riano r-1enchnca, alguacil ma.lor· of the v:i.lln of

San Fernando at San Antonio de Bejar [Presidio]. with most profound

humili~y and as best provided by law, do hereby repair to Your

Lord~hipts superiority and state [the following:J During June of the

present year seventeen hundred eighty-four, I purchased from S~nor Don

Domingo Cabello, governor of this provi.nce of Tejas, a herd of oreJana

cattle, the number of which was four hundred sixty-two, both bulls andi

cows. I p~id for them at prices the said senor governor considered

Cit appropriateJ to place on them, and the said herd's value amolmted

to eight hundred fifty~two pesos, which I delivered en tabla y mesa

to rr~ afore-mentioned governor. [! did. soJ after paying six hundred

pesos, to eighteen men as cowboys, who e~rned one peso fuerte a day.

This extra salary was necessary for me to pay because, as chance would

have it, the hostiles would not keep away ~om us and those CcattleJ

we c~ught by day would stray away at ni~ht. We shut them up at night·

in t~e corrals ~nd hid ourselves, afrai~ of being attacked by the

hostiles, who were letting the cattle out at night. Thus it was

unavoidable. that I retreat to my ranch ~d go back a second time to

complete the said herd with the afore-mentioned men, necessitating the

increased expense as stated above~ And so as not to lose all in

(saving] some, and in order to cover my:credit, it was necessary to

add to the said herd of orejanas two hundred twelve head of branded

[cattle, including] mine and (some that wereJ purchased. And so, of

51

those oreslanas as well as the latter t :r bran(led all the yearlinp:s and

marked as my own property those Cyearlings) among the orejanas, for

thus I was sold the cattle and I paid for them. [And I was givenJ the

calves [as if) dead, as is customary arid usual. This vTill now be evi-30v

den~'ed by :tlle II document formed by'; my said governor on the' matter.

siGned by his hand and mine. And CI tookJ the branded ones, since

they were my property and it was not proper for the calves to remai~

orejano and motherless so that anyone else might take possession of

them as orejano(s] after I had worked hard and paid for taking them.

I'also branded fifty-two head of the o~ejanos as ,weaklings, since they;

were.not fully of aget to [formJ a herd, as I advised my said governor,

as eVidenc~d in the afore-cited proceedings.

: Having left this presidio with my perd without any trouble, and

a.fte~ delivering tllem 'at great loss and', detriment, I returned to this

pres~dio and villa and found to my vexation that my governor was in-

stigating a causa against me in connection with the said'herd, as he'

has in fact done, questioning witnesses; outside my presence and

without any counter-plea which is (~equ~redJ by law and justice. I

learned of this from the witnesses and from the scribes of my said,

governor. (! learnedJ that he formed this cause upon the completely

false, denunciation of a hand named Tadeo Santos. I understand for

truly just reasons that he took this employment in order to support

himself vi~hout working t by getting and:bringing to the scflor governor

fa.lse statements. With these he has on many occasions committed per-

jury against several persons in this settlement. But it would be

better if this denouncer were put to wo~k to support himself well, so

31thn.~ they, could teach ·him trle first rudiments of 1/ Christianj.ty. and

the lnw of God t thut with ouch understanding he mieht not proceed 00,

easily with his false denunciations t as I have heard and been told [he

doesJ; for [I am told] the denouncer Tadeo's wicked'work is notorious

in this place. There is no doubt, 8ir~ that one will t ,when necessary,

. see :that "by its feathers the birel is known." Spea}ting with due re-

spect and in terms of pUre defen.se with .1ust motives, it is no secret

that ~~ governor is much pleased by these false accusations--e~pe-

cially against the ~t1enchaca family--undertaking ·to form indictment's

against the poor to see how he can ruiri them, thereby pestering your

sup,erior government and ,taking up the t:ime you so much need for more

important royal business.

It is notorious that my governor, Don Domingo Cabello, since his

entry into this province, ha.s with particular attention directed all

his (iattentionJ against us, the Menchacas, as is being done through

the above-cited cause which he has formed against me outside my

hearing, and 'which, I am told t he is sending in this ma.il to your

commandery general for your decisio~.

As for the witnesses he has examin~d, I have quite certain'ne'fs

that ,their statements have been at'the instigation of the senor gov-

ernO~t and the one who did not testify as His Lordship intended, he

capriciously placed in jail, shouting in the plaza that he would pull

out h~s teeth, [whi~h he said] to terrify the others. This [is what). ,

happened to' Jose AntConiJo Sauseda and Amador Deleado after justly, :

giving their testimony. At the suggestion of Alcalde Don Fran(cisJco

lavirer Rodrlguez. the governor's compatriot, they were frightened and

e.

53

thr~atened by [the governor] and gave new testirn.ony, denying vThat they31v

h~dlfirst /1 given. I shall prove that what they testified--thRt I

branded cattle (that wereJ of nge--is false, and with the same depo-

nents I shall' also prave that it is 'false that Sergeant Domingo Peres.

on the date of the twelfth of June, wert to record [the number ofJ my

afar·e-cited herd. I did not see the above-named sergeant, nor ha.s my

memory dimmed on the matter with him, and (even] if it is true that'he

signed such a fiction, I do not believe it is so, for he recorded no

such herd .of mine. And if all the other [statementsJ are like this

fiction t~at I know nothing of, [then] there is no doubt they are all

false, as I shall prove with the most trustworthy persons in this·

plac,e, even childr·en, for I know not who could complain of my con(luct

and behavior. . Confident that· I can prqve this, whenever necessary, .

before whatever person Your Lordship'sisuperiority orders to examine.

this'matter, without the interference of my afore-named governor, Ii

beseech Your Lordship's equitable and upright justice to order ·that

this my appeal be added to the cause that may have been formed against

me by my gpvernor as previously stated~ wherewithal===

I beg; and beseech Your Lordship to deign to order that'what I.ask

be. dqne. that! may thereby receive justice and favor. [I also re-

questJ that this (petition] be admitted.on the present (plain) paper.

as there is none of the qualified [kindJ. I swear in [dueJ form that

I bear no malice. &c.===

Luis Mariano Menchaca(Rubric]

tn.s •• 30~31v PP.t in E. 5/17/1784-11/23/1786]

•

•

32//

No. 859

The governor of the

province of Texas is sending

Your I~rdship the proceedings

he has conducted concerning the

sale, on His Majestyt s behalf,

of 410 head of orejanas to Luis

~1a.ria.no Menchaca, of this vi-

cinity, and at the same time the

sumaria he has drawn up concern-

inlj Hienchaca t sJ having poached

a considerable number of others.

eHe is sending the documents] so

that in view of them all Your

Lordship may decide what is to

your superior liking.

(cross]

My dear sir:

Of the original proceedings

which I am sendinr, Your Lordship

on 29 full pages, the first ~

will inform you of the sale made

to Luis Hariano Henchaca, resi-

dent of this presidio and villa,

of 1110 head of orejana cattle,

the value of which amounts to 852

pe~os to His Piajestyt s benefit.

[This amountJ has been deposited

in the chest set up for that

pl~pose, as shall be demonstrated

to Your Lordship at the end of

• to you. But since the afore-named Menchaca has been remiss in all

•

Chihuar:;ua, 4th of~arch, 1785. Tothe Assessor, withthe enclosed pro­ceedings and LuisHariano ;.fenchaca t sappeal.

Renr;el[RubricJ

[N.S., 32v p., in E.5/17/1784-ll/23/l786J

good faith and in Your Lordshipt s orders, and

also those I have repeated concerning the

same end, it h~s been necessary to draw up

the cause which is found from page 7 to

[page] 29. In view of this and of what I

disclose to him in the~ found on pages 27

verso to 29, yqu may decide the number of

55

head he is to pay for pllrSUullt to, w1.1nt is advised in the COI)Y of the

article found on page 26, so that [your sentence] may serve as an

example to' the inveterate customs of the citizenry here and of

1'-1enc~aca h,imself, who, as I now have l~arned, has com.mitted several

such excesses in spite of the zeal and;'vigilance I always maintain in33

these matters. II 'But the malice and collusion of these people with

one another is such that they are capable of blinding the most keen-

eJred Argus" and thus I hope Your I.,ordship will determine what is most

to your superior iiking.

May Our Lord protect Your Lordship's life many ~year's. Bexar,

August 9, 1784.

[1\18: The closing is in Cabello'sha.:ndwriting. J

: .

Yo'~ Lordship's most attentive

and true servant

kisses your hand.

Lord'commandantGeneral~

Don Phelip~ de Neve SDomCingJo Cabello

[RubricJ

CL.S •• 32-33 pp., in E. 5/i7/1784-11/23/1786J

Lord Cornmandan~ General:

The caus,e (in question] was drawn up and remitted and' the or'igi-,

nal thereof submitted by Senor Colonel Don'Domingo Cabello, ,governor,33v

of the province / / of Texas, against ;Don Luis Mariano J't1enchaca,

alcuacil maior of the villa 9£ SCa]n Fernando and presidio of S[aJn

AntCpniJo de n~jare [He is accused of) having caught,"branded with

his mark or device, and placed on his ~anch of SCaJn FranCcisJco a

number of bovine cattle, both domestic~ted and orejnn9. (The causeJ

io in the sumaria stage. No declaration or confession has been ob­

tained from the defendant; neither has he been charged with the of­

fense resulting against him, nor have his exceptions 'and defenses be~n

heard. For this reason and because the'trial has still not run its

'course or been legitimately concluded, its final determination cannot

i~med~ately be proceeded with.

Although the statements of the witnesses examined in the sumaria

does not lead one to know the exact number of head' of orejanas caught

and branded by the afore-named Menchaca~ one infers from the context

that it must be three hundred t with Conly] a slight variation. Con­

seque~tly it was this number by which he intended to aefraud (the

government of) the contribution of the 4uty which by the numerous

bandos of this 5up,erior government is design,ated and ordered collected

on each head. to be applied in favor of the province. Thus it seems

to me Your Lordship maYt, if you see fit. rule and command that the

ori,gin,a1 autos be returned to the senor ~governor. ,Thus before

anything (elseJ he may liquidate the amount which. at the rate o'f' the,

above-cited duty, should have been contr~buted by Don Luis Mariano

Menchaca on the afore-mentioned three hundred head' according to class.

[Then the governor) may proceed immediately to make him tender and de­

liver it, and place it temporarily. with: the status of a, deposit, in

the chest where the proceeds of the afore-named duty are kept. When

57

this proced.ure is c-oncluded, [the governor] may receive the defend'ant' s

declaration and confession, gra~t him a transcript of-the -charge and

dfullages pcndinr; aga.inst him, hear l1i8 explanations and (lefense t an(l

pursue and prosecute the cause till it reaches the state of sentencing.

At that (point) he shall remit it, having cited the parties (involved],

so that it may have its proper final [statusJ. Your Lordship shall,3}~

nonethel,ess , resolve in all / / as you see fit. Chihuahua, twelfth

of July, seventeen hundred eighty-six.

(PedroJ Galindo Navarro'[RubricJ

CD.S., 33-34 pp., in E. 5/17/1784-11/23/1786J

Chihuahua, 20th of July, 1786.

[t~y decision is) in accordance with the senor assessor's opinion.

Vl!,arte[RubricJ

[D.S., 34 p., in E. 5/17/1784-11/23/1786J

Auto In the Royal Presidio of SCaJn AntConiJo de B~xar and villa

of SCaJn I·'ern[an]do, on the fourth day of the month of

September, in the year seventeen hundred eighty-six, I, Don DomCingJo

Cabello. Colonel in the Royal Armies, Governor and Co~nnndant of Arms

of the Province of Texas, &c., (do state the following): ~lliereas the

lord corrmandant general of these Interior Provinces has sent to me the.

nforegoing proceedings conducted. agairist Luis Mariano Menchaca for his 0'

frau<;l and concealment of a considerabl~ nwnber of head of orejnnn.s on'

which he 'did not pay the appropriate fees to His Majesty for catching

them; and whereas ~the proceedings] have been returned to me in order

to implement this cause t which I received in the mail that .arrived at

this presidio on the second day of the present CmonthJ t at a time when34v

II the above-named Luis Mariano Menchaca is at the fair in the

villa of Saltillo, where he went quring:the paGt month, of August, and.

for which reason that which was ordered by the lord commandant general

cannot be put into effect; I therefore must command and do command

that ~hese proceedi~gs be kept so that when the afore-mentioned Luis

Mariano Menchaca returns to this location, all that is provided

therein by ~he lord commandant general m~y be put into due effect.

Thus I have provided, ordered,'and signed, before the attestin'g

witnesses with whom I act in the absence of a notarYt doing so on this'

plain paper, as ther~ is none stamped. This I certify.

DomCing)o Cabello[RubricJ

[cross]Jose Plazido de Monzon

(RubricJattesting witness

Pedro D!as del Castilloo [RubricJ

attesting witness

CD.B., 34~34v pp., in E. 5/17/1784-11/23/1786J

Decree35

Whereas I have orders from II the Most Excellent Lord

Viceroy of this Kingdom of New Spain and from the Lord

Commandant General of These Interior Provlnc'es to tr'ansfer the command

59

of the governorship an,l commandery. of arms of this province of Texas

to Senor Cavalry Captain Don Rafael Martines Pacheco .as soon as he

preSents himself in [the province); and having certain notice that

according to [the time of] 11is departure from [the city of] J··1exico he

ought to arrive a.t this presidio any day; and since it is for this

. reason impossible to put int9 effect the proceedinS8 conducted in

order to carry out what was ordered by the aforenamed lord commandant

generals and since all papers concerning this governorship are to be

transfer·red to [Pacheco] t let [a transfer] of this cause be made a.t·

the same tir1e, so that by virtue of thD.t which was ordered by the

aforesaid lord commandant ~eneral, [th~ new governor] may proceed to.

comply with what was advised in [the cQrnmandant general'sJ decree of '

the twentieth of July of the present year C1786J t causing the above­35v

cited Menchaca to pay the amount which is II judged to be the value

of the cattle [that Menchaca] poached, executing the rest of what is

advised in'the afore~oing provision. Thus it is provided, ordered,.

and signed by me, the aforesaid governor, at this Royal Presidio of

SCa]n AntConiJo de Bexar t on the twenty-third day of the month of

November t in the year seventeen hundred' eishty-six; before the

attesting witnesses with whom I act in jthe absence of a. nota.ry, cloinlS

so on this .plain paper, as there is non'e sta.mped. This I certify.,

Cabello[RubricJ

. [era'55]

Jos~,?l~zido de Monz6n[Rubric]

attestin~ witness

'Pedro D!as del Castillo[RubricJ .

attestine witness

[D.S., 34v-35v pp., in E. 5/17/1784-11/23/1786]