,Cross,
10
Don Joseph de Escanddn, knight of the Order of Santiago,
colonel of the militia regiment of the City of Quer6taro,
deputy captain general of Sierra Gorda, its missions, presidios, and frontiersq and by order of the King our Lord
deputy for the Most. Excellent Sefior Viceroy of this New
Spain on this coast of the Gulf of Mexico and its ^mission,
presidios, and frontiers,, etc.
Whereas by virtue of my consulta and in conformity
with the opinion of the sefior auditor L„eneral de la uerra,
the said Most Excellent Seftor has deemed it advisable to
issue the following dispatch:,
Most Excellen.t -SePior:
Dispatch
In the present consulta Colonel Don
Joseph de Escanddn has informed-Your Excellency of the
large number.of stray stock found in the places named by
him; and, because he is doubtful of the common use and
ownership of the same since by virtue of the presumption
that the first seed of the present propagation should
belong to the original, owners, the reverend father
missionaries of San Juan Mission have opposed and impeded
their capture and use, and because he has received from
many zndividuals and other missions petitions for catching
and taking away some heads of the said stray stock to be
used for food and other purposes, he has petitioned for
a decision by Your Excellency and for orders as to how
he shall proceed with reference to the subject in question.
In truth even if it were known that the stray stock
now fotand in such abundance in the said places were the
offspring of the domesticated stock which was once the
private property of individual hacienda owners who were
still living and whose identity was known, by the very
fact:of their having been permitted to stray without any
effort having been made to round them.up anddomesticate
them within the owners' pastures and watering places and
of their having been allowed to stray into lands belonging to others, untended and without brands or any other
14
marks to indicate a//definite owner, they ,the said
stock,.a.re considered in that vast region completely aband.`oned and the property of the first person to take
the trouble and run the risks of appropriating them.
This i s the'opinion, which should apply also to cattle
and hors-s that stray on lands that are naturally rugged
because of the owners' indolence. Natural law concedes
control and ownership of the:same-to astute and
energetic hunters who pur-.ue, brand, and catch them either
to domesticate them or to eat their meat. This concept,
laid down by comiton law, becomes more deeply rooted
because of the customs and the scant population of the
region for never have wild stock been the cause of
0
disturbances or of lawsuits against the original owners,
and the latter have never insisted upon preventing
their capture or exportation to other places by those
attempting to do so at the risk of their lives and
at their own expense. Consequently, it seems strange
that although the said stockowners have not attempted
nor are attempting to round them up or to make any
use of them -whatever, they should prevent their being
used by other individuals and their b^eing domesticated
for the public use and welfare since in this manner
the damage and injury to the cultivated fields and
to the settlements which their unlimited increase
•
will naturally cause is obviated.
For these reasons, assuming that the stock
mentioned in thi s consulta is truly stray and wild,
Your Excellency may order Colonel Don Joseph de.Escand6n on the question of the stray stock he has
mentioned to grant freely to all who wish it permission
to capture the said stray stock wherever found, and
to take away as many head as they can for the purpose
of domesticating them and of breeding their species
in their settlements, missions, and private lands
and of using them for their own and their families'
maintenance.
He shall particularly grant such per-
•
mission to those whom he may consider to have been at
one time owmers of the said stock. He shall continue
2
to enforce the measures which he states he has //taken
to the effect that no stock whatever shall be killed
solely for the purpose of using the hide and tallow
leaving the meat exposed to corruption with imminent
danger of polluting the country and its environs.
He shall also be instructed to notify the missionary
fathers of San Juan Mission by process rogatory of
Your Excellency' s decision in order that when they
from their well-kno€em religious character and apostolic zeal, they shall desist fr.om. their opposition
and shall cooperate in maintaining and preserving
good will and harmony with all the new settlements
of the new colony and their Jefe. Your Excellency,
will render. whatever decision you deem best.
I41exico, July seventeen, one thousand seven hundred
,fiftY-three.
Don Domingo VS.lcdrzel
Mexico, July seventeen.
agree, with the
opinion of the seFior auditor.
Signed by His Excellency's rubric.
A true copy of the originals filed with
Official
the proceedings on the subject in the Officio
de Gobierno y Guerra of this kingdom now in my charge, to
wwhich I refer.
And in order that Deputy Captain General
Don Joseph de Escand6n•may be appraised thereof, by virtue
of the order given by the Most Excellent Sefior Viceroy of
this kingdom, I am.hereby granting the present certified
copy,.
.Mexico, December twenty-four, one thousand seven
hundred fifty-three.
Don Jph.e. de Gorraes
In the vi la of Los Cinco Seftores in
Commission
Nuevo Santander on the seventeenth day of
the month of May, one thousand seven hundred fifty-four,
Sefior Don Joseph Escand6.n, knight of the Order of Santiago, colonel of the militia regiment of the City of
Querdtaro, deputy captain general of Sierra-Gorda, its
missions, presidios and frontiers, deputy for the Most
Excellent Seftor Viceroy of this New Spain on this coast of
the Gulf'of Mexico and its ^ffiissions, presidios and
frontiers,, etc.
2v.
Having received the,//forego3.ng superior dispatch and
by virtue thereof, cDon Josoph Escand6n, ordered that the
contents of the same be observed and executed. Accordingly',
to the end that the reverend fathers of San Juan Baptista
Ivlissaon,:might be notified by process rogatory, as ordered
therein,-`Nis Lordship conferred upon Don Juan Antonio de
Vidaurre, a vecino of the province of Coaguila, the requisite cormission with as much authority as required by
law.
The said commission shall be for^,^s:rded to him with
the. said superior disUs.tch enclosed therewith.
When he
shall have executed the said proceeding, he shall record
it and append it thereto and shall then, return it to this
court of justice.. Thus did Iorder and sign this.
Joseph de Escand6n
Before me:
Jphe. de Guevara
in view.of the foregoing, the said Don
Continuation
Juan Antonio de Vidaurre shall proceed with
.the execution of the process.rogatory ordered in the enclosed
superior dispatch.
As stated therein, he shall notify the
reverend fathers of San Juan Baptista Mission of the contents of the same and shall append their reply to these
preserts, returning the same to this my court of justice..
To this end, I hereby confer upon him the commission with
as much authority as he may need and the law requires. Villa
0
of Nuevo Santander, May eighteen, one thousand seven
hundred fifty-four.
Joseph de Escand6n
By order of His LordshipsJosenh de Guebara
Notary of E Gobierno y, Guerra
In La Hacienda de'Nuestra Sefiora de San
Decree
Juan del Alamo in the jurisdiction of Coaguila
on the tenth of the month of July of the year one thousand
seven hundred fifty-four, before me, General Don Pedro de
Pdvago y Therdn, an officer of the Holy Office of the
Inquisition, captain of the royal presidio of Sacramento,
governor and deputy captain general of this province of
San Francisco de Coaguila, Nueva Estresnadura, its presidios,
eem2iests and frontiers, by order of the king our lord
(May God guard him'), en route to the ^ province, of the
3
Texas on business of the royal sertice, //Don Juan Antonio
Vidaurre presented the foregoing dispatch from the Most
Excellent SePlor Count of Revillagigedo, Viceroy, Governor
and Captain General of this New Spain, cthe, opinion of
the sefior auditor general de da -^^uerra, and the, commission
conferred by the deputy for the viceroy and captain general
of the coast of the Gulf of Mexico.. By virtue thereof for
0
the execution of his orders and in due obedience thereto, the
csaid, delegated judge, shall execute the proceeding ordered.
Under no pretext whatever shall the justices of this jurisdiction interfere with the execution of, the same, but
on the contrary they shall cooperate to the end that the
same may be favorably concluded. Thus did I decree, order
and sign this acting before myself for the receotoria
according to law. I certify.
Don Pedro. de Rdvago y Tffierdn
Attendant rwitness,s
Joseph de Castilla y Theran
Attendant ,witness,:
Pedro de Estrada
On the sixteenth day of the month of August
Averment
of the year one thousand.seven hundred fifty-,
of notice
I
four 9_ I, the said delegated ; judge , went to
the said mission of San Juan Baptista del Rio Grande del
Norte.
When the Reverend Father Friar Alonzo Girardo de.:
Terrer.os, president of the missions of Rio Grande, and' the
Reverend Fathe.r.Friar Felis Gutierres Barona, whom I certify
- I-know,'had appeared in person, I informed them,by process
rogatory.of,the foregoing superior dispatch.
When they had
understood its meaning, they said that they had heard it
and that because of its harmful effect on their.converts
they would have to report to their college and tocall
attention to the detriment to the royal treasury and to
the Catholic zeal of His Majesty' our Most Catholic King
and Lord ( may God guard him), and the wasted efforts and
work of the evangelical priests in order that the said
col.lege of
3v
ropa,ganda, fide speaking for the heathen neophytes
.and //cathecuffiens may inform. His. Excellency of the truth
of the matter as they are required to do by royal laws.
This was the reply given by.the Reverend Father Friar
Alonso Girardo de Terreros, apostolic priest) former superior
of the College of Santa Cruz de Quer6taro, Father Superior,
of the rCollege, of Nuestra Sefiora de Guadalupe de Sacatecas^
and now-pres3dent of the missions of Rio Grande:del Norte.
And.he signed-this;with me and my.attendant,,witnesses,.
1 'certify.
0
Juan Antt..de Vidaurre
.Attendant, witness:
0
Aritt, de Vivas
.,Friar • AlonzQ de Terreros
,Attendant
witness:
Joseph;relixSais
A true tcopy of the certified copy which. is,,in the
possession of belegated Judged; Bon Juan: Aritonio dde Vidaurre^
which II D:om' Visente de Alderete, military alf^rez of the
presidio of Santa Rosa and commandant of San Juan Baptista,
had copied on.pe.tition.of Don Thomds Gonsale,s de`Gosi.o and
Don Mantiel de, Santeyana , and the :other ^recinos of the said,
10
presidio of San Juan Baptista. It is a true and accurate
copy.
It was proofread and corrected in the presence of
Phelipe de San Miguel, Don Joseph Dias de Oropesa, and
Lucas Sauzedo, vecinos of the said royal presidio. It was
written on four valid pages of co^.^.-^on paper including this
.page,, on the seventh day of the month of November of the
year one thousand seven hundred fifty-eight.
I, acting
for the'receptoria with attendant witnesses in the absence
of a notary public or royal rnotary,. because there is none
within the limits prescribed, by law. I certify.
Biaente'de Alderete
Attendant
witness,:
Miguel de ArraYiaga
Attendant Cwitness,:
Antonio Rivas
Presidio of San Antonio de Vexar November twentyeight one thousand seven hundred fifty-eight.
Don ThomAs Gonsales de Cosio, Don Manuel de Cantayana,
Don Thomds de BombraPia, Thadeo Flores, Joseph Minchaca,
Juachin Sanches, Martin Sanches, Thadeo Montalvo, Diego
Ximenes, Xavier Montalvo, all vecinos of this royal presidio, appear //before Your Lordship in the best form and
in our own interest to state that our forefathers were
cattle breeders in this presidio, that some of these
ccattle, that were grazing in las Yglesias, r,;onte Redondo,
8
11
•
Cafiada de San Pedro, Arrollo Blanco, and other places
contiguous to these went astray; and that we are not permitted to use the wild cattle descended from them to remedy
our needsabecause of the objections of the reverend fathers
of San Juan Mission' who claim that they belong to the
Indians of the said
mission,.
The Reverend Father Friar
Joseph Pinilla appealdd to Your Lordship with regard to
this question asking that a dispatch be issued forbidding
the use of the said wild cattle; an^. because of their
remoteness, Your Lordship did, de facto grant it the
dispatch,.
This measure was published in the guardhouse of
this presidio.
And in view of the statement contained in
the said measure to the effect that each one is ordered to
0
make knqvm his rightl and in truth, sefior governor, that
if all that was needed was legal proof it would be impossible
for any one of those named in the present petition to c onceal the right for which he is appealing.. However, in order
to avoid molesting Your Lordship and causing so much trouble,
we considered it best to institute new proceedings
petitioning for the enclosed superior dispatch issued by the
Most Excellent Se:fto'r Viceroy Count of Revillagigedo on the
seventeenth day of the montk^3 of July.of the year one
thousand seven hundred fifty-three; and we are presenting
before Your Lordship a copy- of it authorized in due form in
order that in view thereof you . may order that it be fully and
I
duly executed to the end that the said reverend fathers
shall not prevent or hinder.the use of the said wild
cattle but shall comply with the averment of notice made
to them the sixteenth of Augus^Voz the year ,one thousand
seven hundred, fifty-four.
//And by virtue of the said
superior dispatch Your Lordship will please order the
withdrawal Of all the measures enacted to Dregent the
utilization of the said wild cattle.
In view of.the foregoing, we ask and beg Your Lordship to grant our petition because it is just and to consider as included herein whatever else should have been
asserted arid alleged.
We swear in due form that this
our peti ion is without malice and whatever is necessary,
etc.
Thomds Gonsales de Cosio
Thadeo Flores y Bald6s
Manuel de Santell.'ana
By request of Diego X3.menes:'
Manuel de Santallana
Thom4s de LonbraPia
By request of GerCSnimo Flores:
Manuel de Sataliana
Joseph Minchaca
By request of Xavier Montalvo:
Thomas de Lonbrafia.
By reauest of Thadeo Montalvo, Joachin Sanches, Martin
Sanches:
Manuel de Satayana
The foregoing petition was, presented by the vecinos
of the presidio of San Juan Baptista del Rio Grande del
Nor.te, in the jurisdiction of San Francisco de Coaguila, .
Nueva Estremadura, with the certified copy of the superior
dispatch appearing at.the beginning of these proceedings
before me, Don Angel de Martos y Navarrete, lieutenant
colonel in the royal armies of His Majesty, governor and
deputy captain general ad interim of the said province
of Coaguila, its presidios and frontiers, and governor and
captain general elect of this ^province, of Tejas, New
Philippines by order of the King our Lord (may God guard
him), while I was in this said presidio of Bejar on business
of the royal.services and was, admitted on the present
,common, paper.^yTithout detriment to the royal'treasury.
When I had been apprisedodf the right to which each was
entitled and of the variouszneasures that had been enacted
on the sub j ect in the said provinee of Coaguila under my
jurisdiction, and ^=hen ' I had also become inforaned of the
literal contents of the aforesaid superior dispatch and of
5
the llaverment of notice made by process rogatory on the
14
0
sixteenth of August of the year one thousand seven hundred
fifty-four to the former reverend father president of the
missions of Rio Grande del Norte, Friar Alonzo Giraldo de
Terreros, in view of the plea and allegation of.the
petitioners in their foregoing petition, of the fact that
by virtue of the said averment of notice, as is of record
therein, no new merits were found to revoke the aforesaid
superior decision notwithstanding the protest which he
.,the said reverend father, alleged he would make to his
Apostolic College of Santa Cruz de Quer€taro in order that
tYie ' latter , in the name and: on behalf of the Indians of
the said missions, should appeal before the superior government of this New Spain, and in view of, the other circumstances in the interest of the public good and welfare:
Therefore,i.n view of the foregoing and of the other points
that needed to be considered, I should order and I do
hereby order the full and due execution of the contents of
the above-said superior dispatch of the Most Excellent
Sefior 'Count of Revillagigedo, former viceroy of this New
Spain, in conformity with the import of the same. By
virtue thereof I order Don Bizente de.Alderete, the alfCrez
commandant of the said presidio of Rio Grande, to notify
by process rogatory the apostolic reverend father missionaries of the Mission, of San Juan Baptista, Friar Joseph
Pinillas and Friar Benito Barela, of the contents of the
15
aforesaid superior dispatch and of this my decision in case
they have not been apprised of the import of the same and
also in order that they shall not hinder or interfere with
the vecinos of the aforesaid presidio who have petitioned
and who have the right to capture the stray cattle found
in the aforesaid places and to use the meat, tallow and
fat for the nourishment of themselves, their families
and other hands in the manner prescribed in the said superior
dispatch.
The above-said commandant shall retract the
order that I gave on.the subject on petition of the said
5V
Reverend Father //Friar Joseph Pinillas, which I now declare to be null and.invalid becauseI had not been apprised
of the said superior dispatch. He shall also append his
proceedings and his the said father's, reply to the
present decree, in order that it may be of record for all.
time.
A certified copy of all the proceedings, shall be
given to the parties'for whatever purposes they may need
the same and the originals shall be filed in the archive
of the capital of Santiago de la Monclova in order that
the same shall be enforced until the Idiost Excellent Senor
Viceroy shall decide.the question as he deems best. Thus
did I decree, order, and sign this acting before myself
as
uez rec
with attendant witnesses in the absence
of a notary public or royal notary, according to law.
1' certify.
16
n
D. Angel de Martos y Navarrete
Attendant cwitness,:
co
Fran. Maldonado
Attendant
witness,:
Juan Manuel de Bustamante
In the Mission of San Juan Baptista del Rio Grande
del Norte on the fourth day of the month of December of
the year one thousand seven hundred fifty-eight, on the
aforesaid dayI, Don Bizente de Alderete, went to the
aforesaid mission and notified by process rogatory the
Reverend Fathers, Friar Sosepb. Pinillas and Friar Benito
Barei,x, ministers of the aforesaid mission, of the contents
of the superior dispatch fron R.is Excellency that is at
0
the beginning of these proceedings. I also notified them
of the measure enacted by the seflor governor. 'When they
had understood the meaning of each of the two rmeasures,
they replied that they had heard and that inasmuch as the
senor , governor was in San Antonio de Vexar from :.:here he
had issued the foregoing measure and that the Reverend
co
Father Friar Mariano Fra, de los Dolores, who was their
immediate superior,
was also in San Antonio,.their reply
was that a certified copy of all the proceedings, be given
them in order that they might appeal to the aforesaid ,
SeFior Governor Don Angel de Ma.rtos y Navarrete and the
6
co
Reverend Father Friar //Ylariar_o Fran. de los Dolor-#s in
order that the rights and allegations may be examined there
and that justice may be done to those who deserve it. This
was their reply. And with regard to the measure enacted
on petition of Father Friar eJoseph Pinillas by Seftor
Governor Don Angel Martos y Navarrete on the first of July
in the villa of Coaguila in favor of San Juan Mission to
prevent the slaughter of catt.le, they replied.that they
will turn in a copy keeping the original for whatever purposes they might need it. This is the answer they gave.and
signed vq,ith me and my attendant witnesses, I acting for
the receptoria in the absence of a notary publzc,..for there
is none within the limits prescribed by law. I.certify.
-Bizente de Alderete Friar Joseph Pirillas Friar Benito Barela
Attendant
witness,:
Miguel de Arraf3aga
Attendant
witness,:
Antonio de Rivas
In thet presidio of San Juan Batista del Rio Grande del
Narte on the sixteenth iday of the month, of December of the
year one thousand seven hundred fifty-eight after the
foregoing proeess rogatory had been executed andin view
of the reply given by the Reverend Fathers Friar Jo.seph
Pinillas and Friar Benito Barela, who.with a certified
copy of these proceedin.gs^ made the appeal recorded in the
aforesaid reply by the courier that they dispatched tothe
is
presidio of San Antonio de Vexar in order that their
immediate superior, Friar Maria Ano Francisco do los
Dolores, might plead the right which San Juan Mission might
have in the question of interfering with and preventing
the slaughtering of cattle,. And in view of all the
fo64going, Setor Governor Don Angel de Martos decreed
//and ordered the c®mplete and due execution of the measure
enacted the twenty-eighth of Rovember, which is recorded
on folio six of these proceedings, with the additional
,condition, that the said slaughtering shall not take
place on land belonging to the said mission and shall be
restricted to stray cattle that were undoubtedly wild
and without any guard or custody whatever. Under these.
conditions.it will be possiblefor the vecinos of this
presidio to do it slaughter cattle,. In order that this
may be of record this shall be published and a certified
copy shall be given to them the parties, as ordered.
Thus did I, the said cort-rZandant, decree, order and sign
this acting with attendant witnesses for the receMtoria
according to law.
As soon as the said certified copy shall
be made I shall forward these proceedings in_the original
in order that they may be filed in the archives of the
capital of Coaguila.
I certify.
Bizente de Alderete
Attendant
witness,s
Attendant
witness,:
Antonio Rivas
Joseph Ramires
A true copy of the original proceedings which I
forwarded to the capital of Coaguila in order that they
might be on file in the archive of the said jurisdiction
to which I refer an.d from which I had the present, copy
made, proofread`anci corrected..
proofread and corrected.
7
It was accurately copied,
The witnesses who saw it copied,
zn.addition //to my attendant rwitnesses,, were Juan de
1
I1ios Reres, Mig. de la Arrafiaga, and )C-avier de la Garza,
vecinos of the royal presidio of San Juan Baptista, where
this was done before me, Don Bizente de Alderete, th:e.
commandant, on the thirtieth day of the month of December
of the year one thousand seven hundred fifty-eight. It
as written on seven valid folios ^including this anc one
I
blank folio, on common paper. In order that this might
be of record I; signed it ^^.Tith my attendant. witnesses with
whom I am acting for the receptoria according to law. I
certify.
Signed:::
E;izente de klderete
Rubric,
Attendant Cw3.tness, :
Bernab6 Sanehes
Attendant
wfitness, s
Anttonio de Rivas
2
CRubric,
Rubric,
cc. C. l JulY 171 17533