Year of 1753Colonel DonCarlos de Franquis Benites de Lugo while he was governor of.the said ^province,; the charges which the lat-ter.brought against Captain Don Manuel de Sandobal

46

,Cross,

22

Year of 1753

Certified copy of the proceedings held by order of the

superior decree issued by the Most Excellent Seftor Don Juanco

Fran. de Guemes y Horcasitas, Count of Revillagigedo,

Chamberlain of His Majesty with admission to the Royal,

Counci7., Lieutenant General of the.royal armies' Viceroy,

Governora and Captain General of this New Spain9 and Pres-

ident of the Royal Audiencia of the same, on the 26th of

September of 1752, for the purposes stated herein.

Rubric,

Junta

CroSs,

The Junta de Guerra y hacienda held today,

the twenty-fifth of September of one thousand,

seven hundred fifty-two, was convened by order of the Mostco

Excellent Seflor Don Juan Fran. de Guemes y Horcasitas,

Count of Revillagigedo, Chamberlain of His Majesty with

admission to.the royal council,a Lieutenant General of

the royal armies, Viceroy, Governor and Captain General of

this New Spain, and President of the royal audiencia of

the same, and was attended by the sefiores oidores: Sub-co

dean Don Domingo _ Valcarcel y Tormento, Don Fran. L6pez

Adan, and the Marquis of'Altamira, auditor de guerra, all

three Knights of the Order of Santiasgo9 and Dr. Don Antonio

Andreu y Ferraz, senior fiscal for civil cases,, all mem-

bers, of His Majesty's council in this royal audiencia, de-

tores Don Juan Chris6stomo de Barroeta, regent of the

royal tribunal and audiencia of accounts, and Don Joachin

de Cortillas, accountant of the said tribunal,, and Don

Ygnacio Joseph de Miranda, Don. Joseph del Mazo Calder6n,

and Don Joseph Dias de Zeliz, royal officials of the main

office of the Royal Treasury in this Capital, Don Juan An-

tonio Bustillos, former governor and captain general of

the province of Texas, and Don Pedro de el Barrio Junco Y.

Espriella, who has just left that office, and has been

commissioned to the corresponding office, for the juris-

48

diction of the Kingdom of Nuevo i,e6n. A summary was given

of the proceedings executed by order of this captaincy

general for the purpose of ascertaining whether the French

in the presidio of Nachitos had gone beyond their boun-

daries and,keeping the same name for the purpose of dis-

simulating, had moved it the said presidio, to territory

belonging_to our sovereign in order to be nearerto our

,presidio, of los Adaes, in the province of Texas. The

said proceedings, were begun while the government of this

New Spain was headed by the Most Excellent Seftor Count of

F-u.enclara, by.virtue of the royal cedula dated Buen Reti-

ro, July fifteen, one thousand seven hundred forty, in

which His Majesty (may he rest in glory) referred to thelv

,report, made to him by SePlor Don Pedro de Bedo//ya y Oso-

rio, fiscal of this royal Audiencia at t hat time, relative

to: the complaints which the missionary religious of the

province of Zacatecas filed in this captaincy general against

Colonel DonCarlos de Franquis Benites de Lugo while he was

governor of.the said ^province,; the charges which the lat-

ter.brought against Captain Don Manuel de Sandobal alleging

that he Sandoval., carriedaway by his natural indolence

or by his covetous eagerness for his own advancement, had

permitted the aTemoval lby the French of their. presidio of

Nachitos; and the charges which Franquis brought, at the

same time against the despotism of the missionary religious

49

and their activities, alleging that the latter, having mis-

represented the number of Indians of.. that ^regior_, for whosewere guilty of fraud;

aid and conversion they received annual payments,/and that

Sandoval,having collected the pay for the entire complement

,of his garrison, notwithstanding the fact that he did not

have the complete number in his garrison, was guilty of

fraud,. Don Justo Boneo, a Knight of the Order of Santiago'

who was then going to s erve in the office of g0vernor, , was

given special orders to take from this Capital the pertinent

information and instructions for investigating these two

points;. and to aeep the Most Excellent Viceroy informed of

the truth in order that by being thoroughly 3.nformed he could

apply the necessarv measures. The same course was followed

with regard to the consulta of the sixteenth of December of

,one thousand, seven hundred forty-three in which the said

Don Justo Boneo remitted tothe said Most Excellent Sefior a

duplicate of the aforesaid cedula with the statement that

he had found it on his arrival at the said presidio; with

regard to. the opinions of the seftor auditor gen era1 de la.,

g,uerra of the sixth of March and of the twentieth of -June

of one thousand, seven hundred forty-four based upon the

examination of the proceedings and criminal cause instigated

by the said Colonel Don Carlos de Franquis against Don Ha-

nuel de Sandoval, charging that he Sandoval, had permitted

the removal by the French of their presidio of Nachitos;

50

and with regard to the proceedings, instituted relative to2

the payment of a draft //for eight thousand pesos claimed by

the aforesaid Don Carlos, and the other ^proceedings, found

in the office of.the notary of this superior government.

The said documents contained a summary of the expeditions to

the said province of Texas, its location, boundaries, topo-

graphy' discovery, pacification, progress' and present con-

dition. Because his opinion of the twentieth of June con-

tained a summary of all the incidents and disputes that had

occurred between Franquis and Sandobal md because the char-

ges against the latter were not proved, but on the contrary

he Sandoeal, was exhonerated by the reply of aefior Fiscal

Don Pedro de Vedoia, he the said auditor, recommended that

a certified copy of the said topinion, be remitted to His

Majesty in the interim prior to the remittal, of all, the

proceedings on the case; and thata certified copy, be also

sent to the above-said Boneo for his information. Included

also was a summary of the royal order given at Aranjuds on

the twentieth of June of one thousand seven hundred forty-

one, in which the Most Excellent Sefior Duke de la Conquista

informed His Majesty that the French from New Orleans had

extended their hold3.ngs, and had gone beyond their boun-

daries moving their colony and the presidio of Nachitos to

to the south side of the river, establishing themselves at

a short distance from our presidio of los Adaes thus invading

51

and usurping lands in the province of the Texas and defrauding

the Spanish Monarchy of a significant sad. important ^part of

its, dominions. For this reason he His Majesty, ordered

the present Most Excellent SePior Viceroy to exercise the

greatest wisdom and watchfulness in order to check the ad-

.vance of.the said Power in the said locality and to, combat

the plans and purposes of the French nation so as to prevent

the exposure of our dominions to the.pernicious consequences

of.laxity. Included also was a summary of the opinion given

in view of the foregoing order, by the seior auditor Eeneral

de la guerra on the twenty-seventh of November of the past year

of tone trousand, seven hundred forty-one to the effect that

at the earliest opportunity a certified copy of the pertinent

cuaderno should be forwarded to His Majesty for the purpose

of informing him that, subsequent to the report made to him,.

as he had requested in the dispatch, of the twentieth of2v

//June of one thousaxid, seven hundred forty-four, nothing new

had occurred relative to.the subject of the royal orderof the

same date to merit thus far a change of attitude toward the

question of French intrusion. Later acertified copy, of

all the proceedings should be forwarded to His T1Tajesty,

together with accertified copy, of the cproceedings, ins-who

,tituted by reason of the fact that some Frenchmen,/by order

of the govern:or-:.had been brought as prisoners to this Capital,

had entered New Mexico. At the same time, the governor of

52

0

Texas should be ordered to take every precaution to check_ any

immoderate plans of the French he might discover and t o notify

His Fxcellency of the same in order that the requisite meas-

ures might be enac.ted.

Included also was a summary of the consulta dated June

thirtieth of the past year of.one thousand seven hundred

fifty sent to this captaincy general by Don Juan.de.Yarza

y Ascona, the captain commandant of the Island of Santa Rosa,

Punta de Siguenza, to the effect that he had witnessed,the

arrival at the French.Colohy of four ships loaded with

troops; and that at the time there were also in the Missis-

sippi River thirty-six merchant ships that transported dry

goods and other items as well as soldiers, settlers, women,

and children to populate the extensive lands they the French,

now possess; and that they were advancing farther into the

interior and fortitying themselves with several forts in

different localities; and that,although heretofore they had

not had a division of cavalry, they had organized one now.

The said commandant also gave an account of the annual en-

try made by the French through.los Adais bringing in their

dry.goods in exchange for meat and other items; and of the

mutual activity among both the soldiers of the Spanish pre-

sidios and.the civilians of transporting in balsas all these

effects as well as saddles for their horses, whiph they took

by land as far as New Orleans in order to use them, on their

53

s returnfor transporting the dry goods and for repairing to the

Spanish localities.where they lived. The said commandant

also stated, that these same Frenchmen had carried on this

trade in the Isla:nd of Santa Rosa; and that in the year of

.one thousand seven hundred, forty-nine, some soldiers and

sailors from the said. Jsland., who, with their corporal, had

been detailed to o:btain provisions saw more than forty of the3

said SpanisYi, soldiers and civilians in the. vi//lla of New

flrleans. The said commandant also reported the intercourse

between.the Apalachees and the Samases Indians and the English,

notwithstanding the fact that this trade was carried on some

leagues away and he could not prevent it by subjecting the.

said Samaces not only because of the remoteness of the said

presidio and because they the Samaces., were mixed -with

pagan Indians of different nations, but also because the

said-Isiand was very short of troops since its two companies

consisted of only sixty-two soldiers of whom only forty-six

were active and the rest disabled' and five of the latter had

deserted on the first of May of the said year. Since these

deserters, were in the fort of San Marcos de Abalache be-

longing to Florida, it had been impossible to have them re-

turned because of the order given by the governor of that

province by virtue of which the restitution of deserters was

suspended by Alfrez Don Pedro de Ortega, who was in command

of the detachment at the Fort of Sah.Marcosm A summary was

54

also given of the consulta, dated the thirty-first of De-

cember of the past year of one thousand; seven h.undred.fifty,r 53.C,

which Don Jazinto de JAuregui y Barrios' the present gover-

nor of the province of Texas, made to His Excellency and in

which he, because of the dangers to which he was subjected

in consequence of the absence of, the seventeen soldiers

from the presidio of los Adaes who were serving as a guard

for the new missions founded on the banks of the San Xavier

River, asked the said Most Excellent Seftor for their res-

titution. Included also was a summary of the reply given

on this subject by His Majesty's Fiscal on the first of

February of one thousand, seven hundred fifty-one and of

the opinion of the iefior Auditor, dated the eigth of the

same month,, with which His Excellency concurred ordering

the present governor to proceed, with the energy and zeal

called for by a matter of such importance, to make the ne-

cessary investigations on the subject of the consulta of

the said commandant and on the subject of, :whether the

Mississippi River : should ser.ve as :boundary to the French ," .. ,.

nation,.in order that in vi-ew thereof the requisite measures

;could be, enacted. A summary was also given of the consul-

ta with which the said governor remitted the proceedings

executed to this end, containing the following, statements:

First, that according to the depositions of -the. vaitnesses

examined for this purpose the French had gone beyond the

55

Colorado River, which had served as boundary to them prior

to the year of rone thousand, seven hundred twenty, after3v

//which date they had advanced toward the interior as far as

the presidio of los Adais. In proof of the foregoingGstate-

ment, someof the witnesses, asserted that before they the

French, had advanced beyond the said boundary, they did not

pursue their deserters who had crossed the river neither did

the Spaniards pursue.their deserters across the river,;

but that this was no longer the case because during the

administration of Governor Sandobal the French had advanced

,beyond their boundaries, although through no fault of the

former, who could not have prevented it rtheir advance, even

if he had tried to because hehad limited forces while the

French with their Indian allies had many. Second, that in.

the year of zone thousand, seven hundred fifty-one, ships

from Europe with many regular troops and families arrived

in New Orleans. Third, that the troops and families had been

brought for the purpose of fortifying and enlarging the

settlements of caudachos, Puente Cup,61,Sirinud, and Nachi-

tos; that they the French, hoped to accomplish this,objec-

tive, as soon as the crops were gathered and there was an

abundance of w4ter in the Colorado River, which was known to

have very little water, at the time; and that for this.reason

the said troops had remained in New Orleans. The majority

of the witnesses added that, notwithstanding the preceding

56

.statement,, some of the aforesaid troops had come down to the

presidio of Nachitos in canoes; and some witnesses, said

that they had come, secretly and in disguise. Fourthl that

among the many orders which the commandant of Nachitos had

received since the arrival of the above-said troops was the

,order, not to prevent or hinder the trade and communication

between A'ifrez Don Luis de San Deni sic,, the son of the

late Commandant Don Luis de San Denis, and all the Indians

of Nachitos 3'^ exas::. and the rest; and that although the comman-

dant had always been given the said order, this time it had

been called to his attention with special emphasis. Fifth,

that the paymaster of the royal almacdn of Nachitos had ex=

press order to supply the said Don Luis with whatever he asked

from the almac6n, to which he went whenever he wanted anything

such as guns, powder, bullets' bayetas, vermilion, and other

items valued by the Indians among whom he distributed the

same, for which.reason he was exceedingly loved and obeyed

by them; and other.remarks. Sixth, that during the year of

=one thousand seven hundred, fifty, the said A1fdrez Don Luis

asked the governor for license to trade with the Indians;

that, piqued because it was denied him, he had embarked in

a canoe on los Adais River and had gone to the Pueblo of

Yatasi from where he proceeded to the Pueblo, of Nazones,_

and then he had cunningly advanced into all the other cPue-

blos„ winning the good will of the Indians with the con-l10

57

8

ifsequence that //the chief of the"Nacodochez, gun in hand,

confronted the missionary of the said Pueblo, Friar Joseph

Calahorra, whom he assailed with insults and whom, he would

have killed because he and the Spaniards had caused their

chief Don Luis to become provoked with them the Indians,

so that all the Pueblos were ready to take up arms against

the Spaniards, whom they did not want in their lands, but

only the French because the latter gave them everything they

needed while the Spaniards did nothing of the sort. The said

Indian chief would have carried out his threat if the said

reverend father had not humbled himself before him. The

foregoing information, is of record in a certif3.ed state-

ment by the reverend missionary father of Mission San Miguel

de Aguayo de los Adais. In conclusion, the said governor

cstated, that in his opinion, in order to observe the plans

. of the French and deterxnine, their motives for enlarging their

settlements., it was indispensable to set up on the San Pedro

River a guard of twenty soldiers with an experienced and

zealous officer, whose`chief responsibility should be to

attract and win over the Indians who laid down the lau*for`

the other nations in the whole province.

Asumrnary was also given of the aforesaid consulta of the

said governor, dated the eighth.of November of the past year

of one thousand, seven hundred fifty-one, included with thein

preceding ^cosulta,, and/which he asked for the authority

58

to advance to each soldier the third of his salary, which he

needed regularly for his equipment and maintenance; and also

the authority enabling him to trade with the French of Na-

chitos or to buy from them a maximum of six arrobas of 404,r-

diente and eighteen barrels of wine because this was indis-

pensable for preventing the soldiers' trading their horses

and saddles for wine. There was also a summary of the recom-

mendation on this subject of the Getor Fiscal of His Majesty,

in his reply of the twenty-third of August of this year and,

appended thereto,,,a summary, of the opinion given by the

Sefimr Auditor General de la Guerra on the thirteenth of the

present month,; and a summary, of the proceedings executed

relative to the entry of the French in the kingdom of New

Mexico of which His Majesty was informed by a certified copy

of the said proceedings,s registered and remitted by four

.,soldiers, who arrived at the Casa de Contrataci6n at the

Port of Cddiz in the company of another,,soidier, who was

serving in the infantry in this Capital GMexico,. Lastly,

there was. a summary of the superior decree from His Excel-

lency dated the thirteenth of the present month, ordering,

that a Junta de uerra y hacienda be convoked for the purpose

of deciding upon the following questions:

lst. First, whether, in order to observe the plans of

the French and determine, their motives for having enlarged

their settlements, there shall be set up on the San Pedro

59

0

4vRiver a guard of twenty //soldiers with an experienced and

zealous.officer whose chief responsibility shall be to

attract and win over the Indians who laid down the law for

the other nations of the entire province.

2nd. Whether one of the engineers who is now in this

kingdom shall be sent to assist the governor and help him to

regain ihe land that had 'been, usurped and to enact measures

for the purpose of preventing the usurpation of any other

rland, in the future.

3rd. Whether for the time being and, until the requisite

measures shall be enacted in view, of the findings of the

investigations.,, the French shall be compelled to move out of

the land they have, occupied, not by resorting to the use of

arms but rather by means of prudent expedients, in conformity

with His Majesty's orders in the first part of his royal

.decree. And if this objective is not achieved by rneans..of

letters requisitorial, whether they the French,;.shall be

compeiled to move out,_^by.force of arms and,-whether,,=the.

ord^rs;requisite for this 1ûrpose. shall;: be given to the

governor and the Tresidial men of the province of Texas.

Whether-a consulta shall be sent to.Kis Majesty

to the' effect that s3.nce` there are not enough soldiers for

whatever contingencies may occur with the French, the gar-

rison of the said presidio shall be the isam.e as that of the

Port of Vera Cruz in order that there may be' eh.ough troops

60

8to serve as protection against the Indians and as defense

against the French.

5th. Whether, since:it is impossible to mantain the

company without the soldiers' pawning their rations of corn,

meat, tobacco, and other,items,,a th.ird of their wages could

be advanced to them without violating previous decisions on

this question.

6th. Whether, since the region in question is exceeding-

ly cold and subject, also to equally extreme heat, it will

be advisable to permit the import of wines and aguardientes

from the French nation with the moderation requisite to avoid

excesses.

7th. Whether petition shall be made for all.the papers

pertinent to these proceedings and annexed cthereto, in order

that a question of such importance as this shall be in due

legal form.

8th. Whether special attention shall be devoted to ob-

taining the documents extant relative to whether the Colorado

or the Mississippi RiverOis the boundary or dividing line

between the daminions of France and of Spain and to ascer-

taining whether there is any decision or order from His Majes-

ty on this particular subject in order that by keeping the same

in mind it may be possible to avoid the danger of violating

any treaties that may have been drawn between the two crowns.

9th. Finally, whether the execution of the decision

61

determined upon shall be entrusted to:the governor of the said

province.5

When all the foregoing had been ex//amined with the

judgeffient, thoughtfulnes.sând care called for by the contents

of the same, it was unanimously decided to deny not only the

petition of the governor of theprovince.of Texas for the

establishment on the an Pedro River of a guard of twenty

soldiers with an experienced and zealous officer to observe

the plans of the French and determine, their motives for

enlarging their settlements, but also the petition, that

the above-said engineer be sent. These petitions were de-

nied, because althoughit was evident from the proceedings held

by the present governor of the province of Texas that the

French had advanced beyond their boundaries when Don Manuel

de Sandoval was governor of the said province, $aere was no

indication in the same proceedings, of what should be the

boundary between New Orleans and the dominions of, His

Majesty or of whether it the boundary, should be the Colo-

rado River, the Great Moun.tain, or some other place. And

since from the proceedings held previously it appeared that

it the boundary, should be the Great Mountain or Arroio Hon-

do, located halfway between the French presidio of Nachitos

and the presidio, of los Adais= the capital-.af the province

of Texas, therefore, no one knew what should be considered

as the boundary,, the number or extent of the lands that had

62

0

been occupied, or their location. And in order to ascertain

the number, the extent, the location and -be boundaries of the

same and whether the Colorado or soBe other river was the

boundary line between the two dominions, the present governor

shall be instructed to hold all the proceedings necessary for

determining what constitues the boundary^between the domains

of the two monarchies. Accordingly, he shall take the neces-

sary depositions and execute all the requisite proceedings

not only for the said purpose but also for the ^purpose, of

proving how long ago the said French invaded the dominions..

of our sovereign, how much land, they have occupied, the

boundaries of the same, the number of, settlements, fort$,

and.presidios they have constructed, their names, garrisons'

and present condition. And if the findings of the proceed-

ings, held should be that the Colorado River or another of

the aforesaid places was the boundary line between the two

nations, and if they the French, have advanced beyond it

,the said boundary line, with their, settlements and fort-

ifications^ he the governor of Texas, shall request the gover-

,

nor or cornmanc7.a.nt of the presidio of Nachitos, in the name

of His Catholic Majesty, to withdraw from all the lands that

they the French, have occupied leaving them free and unen-

cumbered and restricting themselves to their ôwn, possessions.5v

For this purpose he shall also //prove by means of the pro-

ceedings held, that they had trespassed upon zlands, belonging

63

8 to our sovereign. He shall make this petition as many as

three times by means of such letters requisitorial as his

zeal may dictate in order to persuade him the said com-

ffiandant, to do this. And in the event that he should thus

prevail upon the commandant of Nachitos to withdraw within

the boundaries of his cown, dominions, the present governor,.

shall proceed to demolish all the fortifications, tre.nches'

and other forts they the French, may have constructed as a

perpetual reminder and in order to prevent, any future rec-

urrence of such a dispute.

When the limits and boundary line between the two coun-

tries shall have been determined, in the event that the letters

requisitorial stated above shall prove ineffectual, all the

proceedings held shall be forwarded to this captaincy general

for the purpose of informing His Excellency of the unwil-

lingness of the said commandant to make restitution of the

land in question occupied to His Majesty's detriment, and of

the failure to persuade. him to 'd.o this either by proving

to him His Majesty's dominion and proprietorship over the

said territory, or by means of letters requisitorial. This

shall be done, in order that His Excellency may adopt such

measures,: as he considers advisable to the.end that the

royal order of June twenty, one thousand, seven hundred f3.fty-

one.shall be duly executed,. A letter shall be written to

the above-said governor and remitted, with a certified copy

of the proceedings, of this junta, instructing him that

when by order of this captaincy general the Marquis de an

Miguel de Aguaio went to drive out the French who had ad-

vanced into the said dominions, he took possession in the

name of His Majesty of all the said lands--including the

=lands, now occupied, settled, and fortified by them the

French,--because he His A:Taj.esty,,had acquired dominion and

proprietorship of the same as, far back as the year of one

thousand, six hundred ninety; and that.they the French, did

not begin their advance cinto, and settlement of our domains

until after tYie said Marquis de San Miguel de Aguaio had

taken possession of the same,,while Don YLanuel.de Sandobal

was governor of the province of Texas. In neither event,

however, shall he make use of force of arms but only of the

letters requisitorial indicated to hiffi, he shall bear in

mind that this is to be.done in the most urbane and diplom-

atic manner in order to preserve the friendly relationship6

//existing between the two kingdoms by reason of the close

alliance now existing between them. With regard to ;:.his

petition for the authority to advance a third of their sal.-

aries to the soldiers of his comp.;,ny, he the said governor,

shall be instructed to observe and abide by the ordinance which

treats of this subject; and he shall be informed, that his

petition to import wines and aguardieni:es from the French

nation can.bp no means be granted because this has been

65

expressely prohibited by His Majesty particularly in the region

in question. His attention shall be called to how objection-

able this practice has become and he shall be ordered partic-

ularly to comply with his obligations with reference to this

subject taking every precaution to prevent the commerce and

trading he has reported between the soldiers and the presidio

of Nachitos and imposing and executing against those engaging

in this commerce the penalties fixed by law,. At the earliest

opportunity, he shall report the latest.developments to His

Majesty by means of a certified copy. He the said governor,

shall be notified that, by recommendation of the SclePlor Fiscal

with the concurrence of the Se.or Auditor, it was decided that

it would be inadvisable to establish at the presidio of los

Adais a garrison similar to that at the Port of Vera Cruz

in view of the great expense entailed by the new establish-,

ment and of the almost insuperable difficulties and.of the

absence of an extreme need for it,. Thus did they decree and

affix their rubrics. Signed by the twelve rubrics of=the

followa.ng, sefiares,r.

His Excellency Valcdrcel Addn Altamira

Andreu Barroet,a. Cortillas Miranda

Maza Zelis Bustillos y Varrio

Don Joseph de Gorraes

0

66

8 Mexico, September twenty-six, one thousandDecree

seven hundred fifty-two. I am entirely in accord

with the decisions reached in the foregoing Junta de hacien-

da y "erra; and in order that the contents of the same may

be duly executed, the certified copy ordered for the gover-

nor of the province of Texas shall be made and shall be for-

warded to'hi.m with a letter advising him not only to attend

to the diplomatic negotiations with the commandant of the

presidio of Nachitos, as ordered, with the wisdom called for

by the seriousness of the problem and the close alliance and6v

har0/mony now existing between the two kingdoms, but also

to make his report as soon as he shall have completed the

proceedings entrusted to him in order that the necessary

provisions for the prompt execution of the orders given by

His Majesty in his royal order of the twentieth of June of

one thousand seven hundred fifty-one may be enacted. A

certified copy of these proceedingsbshall be made for the

purpose of informing His Majesty. Signed by His Excellency's

rubric.

A true copy of the originals in the GfioioMemorandum

de Gobierno Z Guerra of this kingdoml,wrhich is

in my chargelfiled with call, the proceedings on the subject

and to which I refer. In order that this may be of record

67

as ordered, I issued the present memorandum,. Mexicol

tober three, one thousand seven hundred fifty-two.

Joseph de Gorraes

Official

Act of

obedience

In the royal presidio of Nuestra Senora del

Pilar de los Adaes on the seventeenth day of the

^ month of February of this present year of one

thousand seven hundred fifty-three, having seen the foregoing

decree which, in conformity w ith the decisions reached in the

junta de hacienda y g uerray was issued by the Most Excellent

Sefior Don Juan Francisco de Guemes y Horcasitas, Count;ôf

Revillagigedo,. ehamber3ain of His Majesty with admission

to his royal council,, Lieutenant General of the royal ar-

mies, Viceroy, Governor and Captain General of this New

Spain, and President of the royal audiencia of the same, I,

Don Jazinto de Barrios, y Jd:uregui, lieutenant colonel in

the royal armies, governor and captain general by order of

His Majesty of this province of Texas, New Philippines, its

presidios, conversions, and frontiers, declare my absolute

obedience thereto as a precept from my superior, and for the

verification of my prompt observance of the superior orders

and the due execution of all the contents of the same, I.

should order and I do hereby order that we proceed with the

68

investigation ordered therein. For this purpose, competent

persons and persons, from among those who came with the

Marquis de San Miguel de Agnaio shall be summoned in order

that they may give definite information, clearly and distinctly,

relative to all the questions deemed advisable to ask them.

For this purpose the requisite interrogatory shall be drafted.

Thus did I decree, order, and sign this before myself and the

attendant witnesses,with whom I am acting in the absence of

a notary public or royal notary, because there is none within

the limits prescribed by law. I certify.

Don Jazinto d e Barrios yJduregui

Attendant witnesses:0 7

Ign. //Thomds de Aro and

Pedro Grahados

In the above-said presidio on the said day,Inter-

month, and year, I, the said governor, in con-rogatory.

formity with my order given in the foregoing

decreet drafted the following interrogatory:

1st. First, the witnesses shall be questioned

about what is the dividing_ line between 1t.he two

monarchies, the Spanish and the French, in the

region between the royal presidio of los Adais and

69

tathe site where the presidio, of San Juan Bap.

de Nachitos was formerly located. They shall state

how long, why, and in what manner it had been con-

sidered the boundary,.

2nd. In .answer, to the second question,

they shall state the year in which.the French ad-

vanced into the dominions of our sovereign in the

locality in question.

3rd. In answer, to the third question, they

shall state the amount of land the French had usurped

by the removal of their presidio into the lands of

His Catholic Mlajesty.

4th. In answer, to the fourth question, they

shall state the num'ber, of forts, settlements, or

presidios they cthe French, had constructed in the

dominions of our sovereign..

This was done in the said presidio on the said day.) month,

and yes.r, before me and the attendant w itnesses, with whom

I am acting, as stated above. I certify.

Barrios

Attendant witnesses:

Zgnacio Thomds de Aro and

Pedro Granados

70

lst. Depo-n

sition of D.0

Ju. Morin

In the said royal presidio on the said day,

month, and year, I, the said governor, for the

execution of the informaci6n which in the fore-

going decree I ordered held, summoned before me

Lieutenant Reformado Don Juan Antonio Morin, whom I certify

I know, to whom in the presence of my attendant witnesses I.

administered the oath, which he took in the name of our Lord

God ,and. a sign of the holy cross, according to law, under

penalty of which he promised to tell the truth in so far as

he knew and might be questioned. When asked the questions of

the interrogatory recorded above, he said:

lst. In answer, to the first question, that

he k:new, because he had heard it when the troops came

to this presidio, that the dividing line between the

two monarchies was the Colorado River, for which

reason he hadalways believed that the Cland, this

side of the banks of the said river belonged to our

Catholic King; and he replied:

2nd. In answer,. to the second question he said

that, in conformity with what he had said in the

foregoing question, the French had crossed over to

this side of the said Colorado River in the year of

cone thousand seven hundred, thirty-five or thirty-

six, while the governor of this province.was Don

Manuel de Sandobal, who was on his general visita

71

8at the time; but that long before the removal in

question some of the French had crossed over to

this side, where the deponent also saw three houses

remain without causing surprise where they were

found when by order of the Seor Marquis de San

Miguel de Aguaio their captains went to reconnoiter

the banks of the said river-; and he replied:

3rd. In a:nswer, to the. tna.rd question he said

that he believed that the amount, of land usurped

was about a stonets throw or the distance between

the bank of the said Colorado River where they the

French, now have their presidio which was formerly7v

on the //other side of the said river; and he re-

plied:

1tth. In answer, to the fourth question he

said that he neither knew.nor had heard that the

French had built within the dominions of our sov-

ereign any forts or presidios other than the one

he had mentioned; and that everything he had deposed

was the truth under the oath he had made, which he

affirmed and ratified. When this his deposition had

been read to him, he said he was sixty-eight years

old, more or less. And he signed this with me and

my attendant witnesses, with whom I am acting, as.

stated above. I certify.

Barrios


Ignacio Thomds de Aro and

Pedro Granados

L2nd„. Dep-

osition ofnD. Jph.

Gonzales

Juan Antonio Morin

In the royal presidio on the said. day,

month, and year, I, the said governor, in or-

der to continue with the proceedings in aues-

tion, summoned before me Lieutenannt Reformado

Don Joseph Gonzales l whom I certify I know,

to whom in the preserice of my attendant witnesses I adm.inis-

tered the oath, which he took in the name of our Lord God and

a sign of his holy cross, under penalty of which he prom-

ised totell the truth in so far as he knew and might be ques-

tioned. When asked the. questions of the interrogatory men-

tioned above, he said:


° since the arrival of the troops at this presidio, he

had always heard that the dividing line between the

two monarchies was the Colorado River, which the

French called the Rus ,jîc, for which reason he be-

lieved that the jand, this side of the bank of the

said river belonged to our Catholic King and that

73

0

,the land belonging, to the Most Christian King was

beyond the other bankg where he saw the French set-

tled when he came with the Seftor Marquis de San Mi-

guel de Aguayo, and also that long after what had

occurred three small houses had remained on this

side of the river, without objection; and that the

said river appeared to be the dividing line between

the two kingdoms, as. he was persuaded to believe,

by an incident, which occurred twenty-four years

ago, more or less, when at the request of Don Luis

de San Denis,, the commandant of Nachitos, the Right

Reverend Father President of these missions, Fr,co

Fran. Ballexo, went to baptize one of his St.

Denis', sons with the consent of the local priest.

However, when the latter changed his mind, the said

commandant was annoyed and told the aforesaid Rev-

erend Father President that they could cross to

this side of the said river where the baptism could

take place on land belonging to the Catholic King;

but this was not done; and he replied:

2nd. In answer, to the second question he said

that about the year of one thousand seven hundred,

thirty-five or thirty-six, while Don Manuel de San-

dobal was governor of this province, the French

crossed over to this side of the river, where they

74

0

now have a settlement; but that the deponent also

recalled that long before this occurred some vecinos

had come across and that there were still on this

.side three small houses which had been in the same

site at the time of, the entrada of the said Setor

Marquis; and he replied:

3rd. 8c In answer, to the third question he said

that he //thought that the camount of, land occupied

by the French was about a rifle shot; and he replied:

)+th. In answer, to the fourth question he said

that neither before nor after the French moved to

this side of the river, did they build or fortify

any presidios or forts in the dominions of our

sovereign other than the presidio, of Nachitos,

neither had they built or fortified, in their own

,dominions, any besides those they had when the

troops came; and that what he had said and deposed

was thetruth under the oath he had made, which he

affirmed and ratified. He said he. was fifty-three

years old, more or less. And he sitned this with me

and my attendant witnesses, with whom I am acting,

as stated above. I certify.

Barrios Joseph Gonzales


Ignacio Thomds de Aro and

75

Pedro Granados

3rd. Dep-

osition ofn

D. Phe.

1,-IufS.oz

de Mora


month, and year, I. the said governor, for the

execution of these proceedings, summoned be-

fore me Alf^rez Reformado Don Phelipe Muf'!oz

de Mora, whom I certify I know, to whom in

the presence of my attendant witnesses I ad-

ministered the oath, vh.ich he took in the name of our Lord God

and a sign of his holy cross, according to law, under penal-

ty of whi ch he promis ed to tell the truth in so far as he knew

and might be questioned. When asked the questions of the

interrogatory contained in these proceedings, he said:

lsto In answer, to the first question, that the

.dividing line between the two monarchies was the

Colorado River; that in view of this supposition

he considered the land, on this side of the bank

of the said river as the property of our Gatholic

King; that he said this because when the troops came,

he heard Don Luis de San Denis tell the Serior Mar-

quis de an Miguel de Agua.io on the Nechas River

that he could bui].d his presidio on this bank of

the Colorado River, and that for this purpose he

,St. Denis, would move his rancho and two other

houses that were also there; that this report was

76

8 also circulated later when by order of the said

Sefior Marquis their captains went with Dr. Coda-

llos to reconnoiter the banks of the said river and

Monsuir rsic, Urn6 ^ who was then comanand ant of Na-

chitos, made the same statement to them that the

aforesaid Don Luis had made, at Nechas; and he re-

plied:

2nd. In answer, to the second question he

said that in the year of one thousand seven hundred,

thirty-four or thirty-five, the French had moved

their presidio to this side of the Colorado River;

that at that time Don Manuel de Sandobal was gover-

nor of this province; but that even before this oc-

currence.some of the French had crossed to this side

of the said.river; and he replied:

3rd. In answer, to the third question he said

that the amount of, land within our dominions oc-

cupied by the French was about a stone's throw; and

he replied:

4th.. In answer, to the fourth question he said8v

that since the French had crossed to this //side of

the river, they had not built any forts or presidios

other than the ^pres3.dio, of Nachitos; that he did

not know whether they had built within their cown,

domain any forts or presidios, besides those they

77

had when the troops came; and that everything he had

said and deposed was the truth under the oath he had

made, which he affirmed and ratified. He said he

was sixty-six years old, more or less. And he signed

this with me and my attendant witnesses, with whom


Barrios Phelipe Muhoz de Mora


Ignacio Thomas de Aro and

Pedro Granados

Don Manl

Antonio

Lo2oia

In the royal presidio of Nuestra Sefiora

del Pilar de los Adays on the nineteenth day

of the month of February of this year of one

thousand seven hundred fifty-three} I, the said

governor, for the execution of these proceedings

surnmoned before me Don Manuel Aritonio Lozoia,

the present lieutenant of the company of this

royal presidio, to whom in the presence of my attendant wit-

nesses I administered the oath, which he took in the name of

our Lord God and a sign of his holy cross, according to law,

under penalty of which he promised to tell the truth in so far

as he knew and might be questioned. When asked to answer the

questions of the interrogatory mentioned above, he said:

78

8 lst, In answer, to the first question that

he had always considered the Colorado River as the

dividing line between the two monarchies because

since he came with the SP jo Marquis de San Miguel

de Aguaio he had always heard that the land, on

this side of the aforesaid river belonged to our

Catholic King and,,,the land, on the other side of

the aforesaid river belonged, to the Most Christian

King, on which site the French were settled at the

time of the en trada of the said setor marquis with

the exception of some three houses.which were on

this side of the rivers,that although at that time,.

he,had heard thatAhey were to be moved;to::^the

other side, the deponent observed that they re-

mained where they were; and he replied:


said that th.e' French had moved their presidio tosite

this side of the river, the/on which they now have

their settlement, in the year of one thousand

seven hundred, thirty-four or thirty-fivet

while the governor of this province was

Don Manuel de Sandobal, who at :^. the time

was in San Antonio, but that even before this some

of the French:had:crossed to this side:of,,the said

river; and he!replied:

79

3rd. In answer, to the third question he said

that he judged that the arnount, of the land occupied

by the French was about a stone's throw, for that9

//was the distance between their settlement and the

bank of the said river; and he replied:

4th. In answer, tothe fourth question he said

that he had neither seen nor heard that the French

had built or fortified any forts or presidios other

than the presidio, of Nachitos either in the domin-

ions of our sovereign or in their own dominions,;

- and. that all that he had said and deposed was the

truth under the oath he had made, which he affirmed

and ratified. He said he was fifty-tnree years old,

more or less; and he signed this with me and my at-

tendant witnesses with whom I am acting, as stated

above. I certify.

Barrios Manuel Antonio Lozoia

Attendant witnesses:s

Ignadio Thom. de Aro

Pedro Granados

In the said royal presidio on the said day,5th.

month, and year, I, the said governor, in order to

continue with these proceedings, summoned before me Don

so

s

Pedro de Zierra, Alfdrez of the company of this above-said

presidio. I administered to him, before myself and my atten-

dant witnesses, the oath, which he took in the name of our

Lord God and a sign of the holy cross, according to law,

under penalty of which he promised to tell the t ruth in so

far as he knew and might be questioned. When asked to ans-

wer the interrogatory mentioned above, he said:


he had always considered the landth.is side of the

bank of the Colorado River as the property of our

king because he had heard from the time that the

troops came that the Colorado River was the dividing

line between the two monarchies, as was proved by

the fact that before the French moved to this side

of the river, they did not pursue their deserters

beyond the opposite bank of the said river, while at

the present time they pursued them as far as Arroio

Hondo; that furthermore, if the said territory had

not been cosidered as the property of our sovereign,

when the commandant of Nachitos was moving over to

this side of the river, Don Manuel de Sandobal would

not have sent him, as he actually did, three letters

requisitorial âsking him, not to do so; and he re-

plied:

81

8 2nd. In answer, to the second question he

said that about the year of one thousand seven hundred,

thirty-four or thirty-five, the French had crossed o-

ver to this side of the Colorado River; but that the

deponent also recalled that priorto this occurrencethey

some of them had crossed over and that/,the French,

had kept three houses on this side of the said river

in the same location they had been when the troops

came; and he replied:

3rd, In answer, to the third question he said

that the amount of,,land occupied by the French must

be about a stone's throw, more or less; and he replied:

c4th „ In answer, to the fourth question he

said that he had neither seen nor heard that the

French had built or fortified any forts or presidios

other than the presidio, of Nachitos in the domin-

ions of our sovereign or that they had built or fort-9v

ified, in the dominions, //of their cown, monarch

any ^forts or presidios, besides those they had when

the troops came; and that everything he had said and

deposed was the truth under the oath he had made,

which he affirmed and ratified. He said he wqs fifty-

one years.old, more or less. And he signed this with

me and my attendant witnesses. I certify.

Barrios Pedro de Cierra

82


Ignacio ThomAs de Aro and

Pedro Granados

In the said royal presidio on the said dayi6th.

month, and year, I, the said governor, in order

to continue with these proceedings, summoned before me Mar-

cos Ruis, a vecino of this above-said presidio whom T certify

I know. In the presence of my attendant witnesses, I admins-

tered to him the oath, which he took in the name of our Lord

God and a sign of his holy cross, according to law, under

penalty of which he promised to tell the truth in so far

as he knew and might be questioned. When asked to answer

the foregoing interrogatory he said:

ist. In answer, >to. the first question, that

since the troops earne he had always heard that the

dividing line between the two monarchies was the

Colorado River and that he had always considered

,the land, on this side of its bank as the property

of Spain and the land, on the other side as the

property, of France; that this was verified by what

he had heard Don Luis de San Denis, who was comman-

dant of Hachitos, say to the hight Reverend.Fatherco

President of these missions,Fr. Fran. Ballejo,

83

who had gone at his request to baptize on of his

sons. When the local priest, after having given

his consent thereto, objected, the said commandant,

turning to the aforesaid father president, told him

that they would cross to this side of the river

and that the baptism could be held on property of

,the Gatholic King. However, this did not take

place. The deponent said, that he did not know of

any instrument whatever in wbich it was of record,

that the Colorado River was the sole dividing line

or, as he had also hear4that the Great Mountain

or Arroio Hondo should be the diliding line between

the two monarchies; and he replied:


said that about the year of one thousand seven

hundred, t1hirty-five or thirty- six, while Don Ma-

nuel de Sandobal was governor of this province,

the French had crossed over to this side of the

river, but that some of the French had done so

previously and also that three houses had remained

on the same site where they had been when the troops

came; and he replied:

3rd...,In answer, to the third question he.said

that the amount of, landthe French had appropriated

by moving to this side of the river was about a

stone's throw; and he replied:

84

0

104th4k In answer, to the fourth question //he

said that from the time the troops came to date, he

had neither seen nor heard that the French had built

or fortified any forts or presidio other than the

.presidio, of Nachitos in the dominions of our sov-

ereign; neither did he know of their having done so

in their own dominions, during all the aforesaid

period; and that what he had said and deposed was the

truth under the oath he had made, which he affirmed

and ratified. He said he was fifty-two years old,

more or iess. And he signed this with me and my

attendant wi:tnesses ^ cw3.th whom I am acting, as


Barrios Marcos Ruiz


Ignacio Thomds de Aro

Pedro Granados



continue with these proceedings, surnrnoned before me Corporal

Phelipe de Zierra, whom I certify I know7 to whom before

myself and the witnesses I am using in the absence of a not-

ary, I administered the oath, which he took in the name of..

our Lord God and a sign of his holy(cross,.accord3ng to law,

85

under penalty of which he promised to tell the truth in so

far as he knew and-might be questioned. When asked to answer

the interrogatory mentioned above, he said:

1st. rIn a_nswer, to the first question, that

he had always considered as the property of our Ca-

tholic King the lands on which the presidio of Na-

chitos was now located because from the time the

troops came he had heard that the Colorado River

was the dividing line between the two monarchies,

as was verified by the three lettezs requisitorial

sent by Governor Sandobal to the comm-andant of Na-

chitos at the time he the latter, was moving to this

side of the said river, from which may be inferred

that if this site had not belonged to our sovereign,

the aforesaid letters requisitorial would not have

been sent to the said commandant. The deponent

csaid, that he did not know of any instrument what-

ever in which it was of record, that the said river

was the dividing line or that the Great Mountain

should be the dividing line, or Arroio Hondo, which

he had also heard, although by common report, was the

dividing line between the two monarchies; and he

replied:

2nd, cIn answer, to the second question he said

that the French had crossed over to this side of the

86

river about the year of cone thousand seven hundred,

thirty-four or thirty-five,y, but that much longer

before this eventsome of them had crossed over;

and also.that three houses tha.t _were on this side

of the:said river when the troops carne had not been_„

moved.to the other side; and he replied:

3rd. In answer, to the third question he

said that the;tamount of, land the French had ap-

propriated txfhen they moved to this side ofthe river,l4v

where they //were : now settled, was about. a stone's

throw; and he replied:

4th. In answer, to the - fourth question he

said that theFrench had not built or fortified in

the dorninions of our sovereign-any:forts or:;presi-

da.os other than the presidio,. of 'Nachito's nor s in

their iovn: dominions, any besides.t hose they_ had

when the troops ca.me;and that all he had said and°-

deposed was the firuth under the oath he had made,

which he affirmed and ratified; He said:he was

fifty-three years old' more or less, and he signed

this with me and my attendant.witnesses? with whom


Barrios Phelipe de Zierra



Pedro Granados

87


month, and year, I, the said governor, for the

execution of the proceedings I am holding, summoned be-

fore me hdzaro lbafiez, a vecino of this above-said pre-

sidio, to whom in the presence of my attendant witnesses

I administered the.oath, which he took in the name of our

Lord )God and a sign of his holy cross, 'accordi ng to law,

under penalty of which he promised to tell the truth in

so far as he knew and might be questioned. When asked

to,-answer the interrogatory mentioned above, he said:

1st. . In answer, to the first question,

that since the troops came he had always heard

that the Colorado River was the dividing line

between ihe two monarchies and that because of

this supposition, he had always considered as

the property of our sovereign the,land, this

side of-_the bank of the said river and as the

property of the king of France, the land, on

the other side of the same eriver,9 and that

this was:corra:borated by his.having heard at

that time that three houses that were on this

side of the river.were to be.moved to the-other.

side; and that although they had remaine1lon

the same site.without objection, the deponent

had always'understood that the said r:iver. was

88

the boundary, notwithstanding the rumor that

had also spread that it the boundary, was

the Great. 11ountain or Arroio Hondo; and he

replied:

2nd. In answer, to the second question

he said that the French had moved to this side

of the Colorado River in the year of.,one thous-

and seven.h.undred, thirty-four or thirty-five;

but that some had already done so prior.to this

occurence; and he replied:

.3id. in answer, to the third question he

said that the amount of, land the French hadwas

occupied in the dominions of our sovereign/about

a stone's throw; and he replied:

4th,. In answer, to the fourth question

he said that the French had not built or fort-.

ified in the dominions of our sovereign any

forts or presidios besides the,presidio, of

Nachitos; and that all he had said and deposed

was the truth under the oath he had made, which

he affirmed and ratified. He did not sign be-

cause he did not know how. He said he was fifty-

two years old, more or less. I signed this with

my attendant witnesses. I certify .

Barrios

1 89

i Attendant witnesses:11.

//Ignacio Thomds de Aro

Pedro Granados

•

In the royal.presidio of Nuestra Sefiora de9th.

el Pilar de los Adais on the twentieth day of the

month of rjebruary of this year of one thousand seven hun-

dred fifty-three, I, the said governor, in order to con-

tinue with the informaci6n which I am holding by order of

theMost Excellent Senor Viceroy, summoned before me

Joseph Antonio Rosales,a vecino of this said presidio,

whom I certify I know, to whom, in the presence of the

witnesses I am using in the absence of a notary, I ad-

ministered the<oath* which he took in the name of our

Lord God and a sign'of his holy cross, under penalty of

which he promised to tell the truth in so far as he knew

and.mig.ht be questioned. When asked to answer the inter-

rogatory mentioned'above, he said:

lste .In answer, to the first question, that

he did not know definitely what was the dividing

line between the two znonarchies becsuse although

he had heard since the troops came that it was

the Colorado River rand that the land, this side

of the bank of the said -river, belonged to our

90

0

Catholic King and cthe land, on the other side

rbelonged, to the Most Christian King, he had

also heard that the dividing line between the

two monarchies was the Great Mountain or Arroyo

Hondo. But since, on the basis of what he had

said, he must form an opinion as to which of

the two places should be the dividing line, the

deponent was inclined to believe, that it was

the Colorado River not only because, when the

French moved their presidio to this side of the

said river, letters requisitorial were sent three

times to the commandant of the same asking him

not to do it, but also because when the Marquis.

of San Miguel de Aguaio came, he the deponen.t,

heard that the commandant who was then in Na-

chitos told the Spaniards when they went to

reconnoiter the banks of the said river that

they could locate their presidio on the site

where the said presidio, of Nachitos is now

located, for which purpose three houses that

were then on this side of the said'river would

be moved to the other 'side; but that notwiths-

tanding what has been stated, the deponent saw

them remain where they were; and he replied:


91

8he said that about the year of one thousand

seven hundred, thirty-four or thirty-five the

French had crossed over to this side of the

said river, but that prior to this some of

them had already done;-so; and he replied:

3rd. In answer, to the third question

he said that, in case the said river was the

dividing line, the a.mount of, land the French

had occupied was about a stone's throw; and he

replied:

I+th. In answer,.to the fourth question

he said that the French had not built or for-

tified in the dominions of our sovereign anyliv

//presidio other than that of Nachitos•, and

that everything he had said and deposed was

the truth under the oath he had made, which

he affirmed and ratified. He said he was fifty-

five years old, more or less; and he signed this

with me and my attendant witnesses^ with whom


Barrios Joseph An.tonio Rosales


Ignacio Thomd.s de Aro

Pedro Granad.os

92

•

•

In the said royal presidio on the said dayiloth.


to continue with these proceedings, summoned before me

Gaietano Games, a vecino of this above-said presidio,

whom I certify I know, to whom before myself and my at-

tendant witnesses I administered the oath, which he took

in the name of our Lord God and a sign of his holy cross,

according to law} under penalty of which he promised to

tell the truth in so far as he knew and might be ques-

tioned. When asked to answer the interrogatory mentioned

above, he said:

lst. In answer, to the first question,

that he did not know positively what was the

dividing line between the two monarchies be-

cause to this day he had not learned of any

instrum:ent whatever in which was recorded what

should be the dividing Zine,. The deponent

said, that he was of the opinion that the said

Colorado River must be the dividing line between

the two monarchies because of what took place

as he had heard, when by order of the setor

Marquis de San Miguel de Aguaio his captains

went to reconnoiter the banks of the said

Colorado River; namely that when they told the

93

0

.commandantl who was then Monsuir sic, Urn6,

that they had come in the name of the Catholic

King to establish a presidio there, the said

commandant agreed thereto saying that they

could build it on the bank this side of the

said river, for which purpose three houses that

were then on this side would be moved to the

other side,. This opinion was proved as true

by what the deponent heard that the aforesaid

commandant had said on the same occasion when

he advised the above-said Spaniards to go up

the Caudachos River and that all the land,

reconnoitered on this side of the river would

belong to Spain and all on the other side would

belong, to France; but that this reconnoitering

expedition did hot take place, neither did the

removal of the aforesaid houses to the other

side of the river;; and he replied:

2nd. In answer, to the second question.

he said that the French had moved to this side

of the Colorado River, where they were now

settled, the year of one thousand seven hundred,

thirty-four or thirty-five, but that prior to12

this some of them had already //done so; and

he replied:

94

3rd. in answer, to.the third question

he.said that the amount of,.land occupied by

the French in the dominions of our monarch was

about a stone's throw;.and he replied:

4th, r In ariswer, to the fourth question

he said that he neither knew nor had heard

that the French.had constructed any forts or

presidios in the dominions of.our sovereign

other than the presidio, of Nachitos; and

that all he had said and deposed was the truth

under the oath he had made, which he affirmed

and ratified. He said he was fifty-three years

old, more or less. And he signed this with me

and my.attendant witnesses, as stated above.

I certify.

Barrios Caietano Games

Attendant witnesses:0 s

Ign. Thom. de Aro

Pedro Granados

llth.In the said royal presidio on the said day,


to continue with these proceedings, sumrnoned before me

95

0 Christ6bal de Santiago from the garrison of this royal

presidio, to whom before myself and my attendant witnes-

ses I administered the oath, which he took in the name of

our Lord God and a sign of his holy cross, according to

lawi under penalty of which he promised to tell the truth

in so far as he knew and might be questioned. When asked

to answer the interrogatory stated above, he saida

lst. ;In answer, to the first question,

that what he knew as to what should be the di-

viding line between the two monarchies was that

the Sefior Marquis de San Miguel Aguaio, a few

days after his arrival at the place where this

presidio now stands, sent his captains to recon-

noiter this side of the banks of the Colorado

River, Upon being met by the commandant who was -

then at Nachitos, they told him that they had

come in the name of our Catholic King to es-

tablish a presidio here. The said commandant

agreed thereto saying that they could locate

it on the bank of the said riverl which would

serve as a dividing line between the two monar-

chies, and that for this purpose three houses

which were on this side of the river would be

moved to the other side; butthe deponent saw

them remain in the same place. The deponent

96

0

said, that he knew what he had said because

he had heard it and that he had heard, also

that the Great Mountain or Arroio Hondo was

the. dividing line between Nachitos and los

Adais; and he replied:


he said that about the year of rone thousand

seven hundred, thirty-four or thirty-five the

French crossed over to this side of the Colo-

rado River but that others of them, had already

done so long before this; and he replied:°

3rd. In answer, to the third question

he said that the amount of, land that the

French had occupied in the dominions of our

sovereign was about a stone's throw; and he

replied:

4th. In answer, to the fourth question12v

he said that from the time the troops //cs.me,

to date, the French had not built or fortified

in the dominions of our Catholic King any forts

or presidios other than the presidio, of Na-

chitos; and that everything he had said and

deposed was the truth under the oath he had

made, which he affirmed and ratified. He said

he was fifty-three years old, more or less.

97

Be did not sign because he did not know how. I,

the said governor, signed this with my attendant

witnesses. I certify.

Barrios

Attendant witnesses:s

Ignacio Thom. de Aro

Pedro Granados

In the said royal presidio on the said day, month,12th.

and year, I, the said governor' for the execution of

the proceedings I am holding by order of the Most Excellent

S. efior Viceroy, summoned before me Manuel Salbador de Pozos

from::.the garrison of this above-said presidio .:to:'..% whom, ,.in the

presence of my:attendant.witnesses:I adm3.nistered;:;the aath^

which he took in the name of our Lord God and a. sign of the

hoiy cross, under penalty of which he promised to tell the

truth in so far as he knew and might be questioned. When

asked.to answer the interrogatory stated above7.he said:.


in view of the fact that so much time had intervened, . ,since the troops came, he could not answer the con-

_. .r.that ^.-tents of the question in detail, but/from what he

recalled of the-information that came to his atten-

tion"at the time, the deponent presumed that the

98

•

0

dividing line between the two monarchies was the

Colorado River. He based this statement on the

fact that when the Spaniards proceeded to recon-

noiter the banks of the said rivers it was gener-

ally rumared that the land, on this side of the

bank belonged to Spain and the land, on the other

side belonged, to France. By the same general

report the deponent had also heard that three

houses that were on this side of the river, were

to be moved to the other side; and since they were

left in the same iocation, the deponent inferred

that the laxity and dissimulation ethat permitted

this, was the source of the opinion that the said

river, was the dividing line between the two mon-

archies, and that this also made more plausible

the report which was spread to the effect that the

dividing line between the two presidios was the

Great Mountain or Harraio Hondo; and he replied:

2nd. În answer, to the second question he

said that the French moved their presidio to this

side of the said river, on whose bank they now were

settled, the year of zone thousand seven hundred,

thirty-four or thirty-five; but that the deponent

also recalled that prior to the said event some

French people had crossed to the same locality;

99

8 and he replied:13

3rd. In answer, to the third question //he

said that the iamount of, land usurped by the French

from our Catholic King was about a stone's throw,

that is to say, in the event that the said river

was the dividing line; and he replied:

4th. In answer, to the fourth question he

said that' assuming that what he had said in the

foregoing question was truei since the troops came,

the French had not constructed or fortified in the

doffiinions of our monarch any.presidios other than

that of Nachitos; and that everything he had said

and deposed was the truth.under the oath he had

made, which he affirmed and ratified, He said he

was seventy years old, more or less. And he did

not sign because he did not know how. I7 the said

governor, signed this with my attendant witnesses'

.with whom I am acting, as stated above. I certify.

Barrios



Pedro Granados

r In the royal presidio of Nuestra SenoraDecree for

100

8verification

del Pilar de los Adais on the twenty-second

day of the month of February of this year of

one thousand seven hundred fifty-threel I,nesses # to

by the wit-

Don Jaz. de Barrios y Jdureguit governor and

captain general of this province.of Texas, New Philippines,

in view of the proceedings which I have held by order of the

Most Excellent SePior Viceroy and of the fact that the wit-

nesses who have deposed are competent and ancient settlers

of this above-said presidao9 should decl.are. them the said

proceedings, as sufficient for the purpose indicated by the

said Most Excellent Geîor in his decree of the twenty-sixth

of September of the past year of one thousand seven hundred,

fifty-two. And in view of the foregoing I order the witnesses

to ratify their depositions in order to determine whatever may

be advisable.in view thereof. Thus did I decree, order, and

sign this before myself and my attendant witnesses, .̂ with

whom I am acting, as stated above. I certify.

Barrios


Ion. Thom. de Aro

Pedro Granados


month, and year, I, the said governor' for the

101

execution of the order I have given in the foregoing decree,

summoned before me Don Juan Antonio Morin, one of the wit-

nesses examined in these proceedings. In the presence of my

attendant witnesses I administered to him the oath, which he

took in the name of our Lord God and a sign of his holy cross,

according to laws under penalty of which he.promised to tell

the truth. When the deposition on folio 14, which he has

made, had been read to him berbo ad berbum, he said that

everything contained therein was the truth about what he had

been asked, under penalty of the oath he had made and.which

.he affirmed and ratified, and that he would make the same

statement again one, two! and three times, and as many

ctimes, as was required by law; and that he had nothing to

add or to retract. And he signed this with me and my attend-13v

ant witnesses, with whom I am acting,, as //stated above. I

certify.0

Barrios Juan Ant. Morin


Ignacio Thomis de Aro

Pedro Granados

2nd,1In the said royal presidio on the said dayl month,

and year, It the said governor for the execution of the

order I have given in the foregoing decree, summoned before me

102

8

•

Don Joseph Gonzales, former lieutenant of this company. In

the presence of my attendant witnesses I administered to him

the oath, which he took in the name of our Lord God and a

sign of his holy cross, according to law; under penalty of

which he promised to tell the truth about what he might be

asked.. When the deposition on folio 14 verso, which he has

made, had been read to him berbo.ad berbum^ he replied that

he had said and deposed everything contained therein as

written therein; and that this was the truth under the oath

he had made, which he affirmed and ratified; and thati if

necessary, he would say it again one7 two, and three times

and as many times, as was necessary according to law;.and

.that he had nothing to add or to retract. And he signed this

with my attendant witnessses, with whom I am acting,.as

stated above.. I certify.

Barrios Joseph Gonzales



Pedro Granados

In the said royal presidio on the said day' month,3rd.

and year.! I, the said governor, in order to continue

with these proceedings, summoned before me Alfdrez Reformado

Phelipe Nlufioz de Mora, whom I certify I know., I administered

103

i to- him the oath, which he took in: the name of our hord God

.and;.:a sign of. his holy cross^ according, to lawq under penalty

of .lvrhich he,promised to tell. the truth..When. the deposition

on folio _ 15 verso , which he has made s had been.. r. ead to,hizn

berbo ad berbum, he said that he had said and deposed every-

thing.:contained therein as written therein and that it was

the.truth about what he had.been asked under-penalty of.;the

oe.th he :had 1madej which., he affirmed.and ratified,,: and that:;

hewould say it,again one' twos and three times and as many

times,,as was necessary aceording,.to_law; that he had nothing

to add..or to retract. And he signed this with.me and my at-

tendant^°.w'itnessesq with whom I am.acting, as stated above,;

I certify, ,

Barrios Phelipe Mufioz de Mora

.Attendantwitnesses:S.

Ignaeio .: Thom. de Aro . and

. Pedro Granados

In. the royal presidio of Nuestra Sefior:a del Pilar

de 3os Adais on the:twenty-third day:of the month_of:::

February of this year of one thousarid seven hundred fifty-

three, I, the said governor, in order to continue with these

proceedings, summoned before me the present lieutenant Don14

Manuel Antonio Lozoia, whom I. certify I//know, Before myself

4th,

8and the witnesses I am using absence of a notary, I

administered to him the oath., which he took in the name of

our Lord God and a sign of his holy cross, according to law,

under penalty of which he promised to tell the truth in so

far as he knew and might be quest3.oned, When his deposition

on folio 15 had been read to him berbo ad berbzam and he had

understood the same, he replied that he had said and dCposed

everything contained therein as written therein; and that it

was the truth under penalty of the oath he had made, which

he affirmed and ratified; and that if necessary he would say

it again one, two, and three times, and as many ctimes, as

was necessary according to law; and that he had nothing to

add or to retract. And he signed this with me and my attend.r-

ant witnesses, with whom I am acting, as stated above. I

certify.

Barrios Manuel Antonio Lozoia

Attendant witnesses:0

Ign. Thomds de Aro

Pedro Granados

In the said royal presidio on the said day, month,5th•

and year$ I, the said governor, in order to continue

with these proceedings I am holding, summoned before me the

present alf^rez, Don Pedro de Zierra, whom I certify I know.

105

I administered to him the oath which he took in the name

ofoour Lord God^ according to law, v'nder penalty of which

he promised to tell the truth. When his deposition on

folio 26 verso had been read to him berbo ad berbum, and

he had understood the same, he.replied that he had said

and deposed everything contained therein as written there-

in; and that it was the truth, which he affirmed and

ratified; that he had nothing to add or to retraet. And

he signed this with me and my attendant witnesses. I

certify.

Barrios Pedro de Zierra

Attendant witnesses:0

Ign. Thom.ds de Aro

Pedro Granados

6th.In the said royal presidio on the said day,


continue with these proceedings, summoned before me Mar-

cos Ruia, a vec3.no of this royal presidio. Before myself

and the attendant witnesses I am using in the absence of

a notary, I administered to him the oath, which he took

in the name of our I,ord s,God and a sign of his holy cross,

according to law, under penalty of which he promised to

tell the truth. When his deposition on folio 17 verso

106

0

had been read to him berbo ad berbum and he had understood

the same, he replied that he had said and deposed every-

thing contained therein as written therein; and that it

was the truth under the oath he had made, which he affirmed

and. ratified; and.that, if necessary, he would say it

again, one, two, and three times, and as many times, as

was necessary according to law. He had nothing to add orl4v

//to.retract. And he signed this before me and my atten-

dant witnesses ) with whom I am e:cta.ng, as stated above.

I certify. .

Barrios Marcas Ruiz


Ignacio Thomds de Aro .

Pedro Granados

In the said royal presidio on the said day,7th,

month, and year, I,.the said governor, for the

,execution'of these proceedings summoned before me Cor-

poral Phelipe de Zierra. In the presence of the atten-

dant witnesses with whom I am acting in the absence of

a,_notary public or royal notary, I administered to him

the°oath, which he took in the name of our Lord God and

a sign of his holy cross, according to law, under penalty

of.which he promised to tell^the^truth,. When his depo-

107

9

.sition on folia 18 had been read to him berbo ad berbum

and he had understood the same, he replied that he had

said and deposed everything contained therein as written.

therein; and that it was, the truth, which he affirmed

and ratified; and if necessary, he would say it again

one, two, and three times, and as many times, as was

necessary according to law. He had nothing to add or to

retract. And he signed this with.me and my attendant

witnesses, with whom I am acting, as stated above,- I

certify.

Barrios Phelipe de.2ierra



Pedro Granados



to continue,with these proceedings, summoned before me

L3zaro Ibdfiez,, a vecino of this royal presidio whom I

certify I know. In the presence of myattendant witnes-

ses I administered to him the oath, which he took in the

name of our Lord God and a sign of his holy cross, ac-

cording to law' under penalty of which he promised to tell

the truth. When his deposition of folio 18 verso had

108

8 been read to him berbo ad berbum and he had understood

the same, he replied that he had said and deposed every-

thing contained therein as written therein; and that it

was the truth under penalty of the oath he had made, which

he affirmed and ratified•, and if necessary, he would say

it again one, two, and three times, and as many times,

as was necessary according to law. He had nothing to

.a.dd or to retract. And he did not sign because he did

not know how. I, the, said governor, signed with my at-

tendant witnesses, with whom I.am acting, as stated

above. I:certify.

Barrios


Ign. Thom. de Aro

Pedro Granados

40

In the roygl presidio of Nuestra Seflora del9th.

Pilar de los A.dais, on the twenty-fourth day of

the month of February, of this year of one thousand seven

hundred fifty-three, I, the said governor, in order to

continue with these proceedings, summoned //before me

Joseph Antonio Rosales, a vecino of this said royal pre-

sidio, whom I certify I know. In the presence of my

attendant witnesses I admiaistered to him the oath' which

109

8 he took in the name of our Lord God and a sign of his

holy cross, according to law, under penalty of which he

promised to tell: the truth, When his deposition on folio

19 had been read to him berbo ad berbum and he had unders-

tood the contents of the same, he said that he had said

and deposed everything contained therein as written there-

in,'and,that it was the truth under penalty of the oath

he had made, which he affirmed and ratified; and if neces-

sary he would say it again,one,ltwo, and three times and

as many times, as was necessary according to law. He

had nothing to add or to retract. And he signed this with

me and my attendant witnesses, with whom I am acting,


Barrios Joseph Antonio Rosales


3gnacio Thomds de Aro

Pedro Granados

10th.In the said royal presidio on the said day,



Caietano Games, whom I certify I know. Before myself

and my attendant witnesses I administered to him the oath,

'which he took in the name of our Lord God and a sign of

110

8 his holy cross, according to law, under penalty of which

he promised to tell the truth about what he might be asked.

When his deposition on folio 20 had been read to him berbo

ad berbum and he had understood the contents of the same,

he replied that he.had said and deposed everything contained

therein as written therein; and that it was the truth

under the oath he had made, which he affirmed and ratified.

He had nothing to add or to retract. And.he signed this

with me and my attendant witnesses, with whom :T am acting,


Barrios Oaietano Oames



Pedro Granados

In the said royal presidio on the said day,llth.



Christ6bal de Santiago from the garrison of this royal

presidio. Before myself and my attendant witnesses, I

administered to him the oath, which he took in the name

of our Lord God and a sign of his holy cross, according

to law, under penalty of which he promised to tell the

truth. When his deposition on folio 20 verso had been

in

read to him berbo ad berbum and he had understood the con-

tents of the same, he replied that he had said and deposed

everything contained therein as written therein; and

that it was the truth under the oath he had made, which

he affirmed and ratifii^^ and that he would say it again

one, two, and three //times and as many times, as was

necessary according to law. He.had nothing to add or to

retract. And he did not sign because he did not know how.

I9 the said governorl signed this with my attendant wit-

nesses, with whom I am acting, as stated above. I cer-

tify.

Barrios

Attendan.t witnesses:

Ignacio TY?omds de Aro

Pedro Granados

12th,In the said royal presidio on the said day,

montN and year, I, the said governor, in order to

continue with these proceedings summoned before me Manuel

Salbador de Pozos, to whom in the presence of my atten-

dant witnesses I administered the oath, which he took in

the name of our Lord God and a sign of his holy cross,

according to law, under penalty of which he promised to

tell the truth. When his deposition on folio.21 had been

112

read to him berbo ad berbum and he had understood the

contents of the same, he replied that he had said and

deposed everything contained therein as written therein;

and that it was the truth under the oath he had made, which

he affirmed and ratified, He had nothing to add.or to

retract. And he did not sign bec4use he did not know

how. I, the said governor, signed it with my attendant

witnesses, with whom I am acting, as stated above. I

certify.

Barrios


Ign. Thom, de Aro

Pedro Granados

In the roygl presidio of Nuestra Sefiora de1. Filar

de los Adais on the twenty-eighth day of the month of

February of this year of one thousand seven hundred fifty-

three, having examined with due care and thought these

proceedings which I have held by virtue of the foregoing

superior decree of the twenty-sixth of September of the

past year of one thousand seven hundred fifty-two issued

by the Most Excellent ieaor Viceroy in conformity with

the decision reached in the 'tunta de hacienda Y Zu, erra

113

8 of the twenty-fifth of the same month and year, ? Don

Jazinto de Barrios y Jduregui, governor and captain general

of'this province of Texas, New Philippines, am of the

opinion that because of the differences in the deposition

of the witnesses the findings of the same proceedings,

do not affirm with the requisite certainty what should be

the dividing line between the above-said presidio and the

place where the presidio, of San Juan Baptista de Na-

ch.itos formerly stood. Consequently, in order to execute

the orders given to me in the said superior decree, and

to proceed with the wisdom and cirsumspee.tion called for'

by so important a matter as this, I believe that I should16

first and foremost notify the said //Most Excellent Senor

with the same sproceedings, to the end that in view there-

of he may give me my orders as to what I should do about

the matter in question. And in order that the foregoing

may be promptly and duly executed, I order that a complete

certified copy of these proceedings be made to be filed

in this archive for the contingencies that may occur

cand that3 the originals be forwarded to the said Most

Excellent Viceroy. Thus did I decree, order, and sign this

with my attendant witnesses, with whom I am acting, as


Barrios


8

114

sIgnacio Thom. de.Aro

Pedro Granados

A true copy of the original on twenty-six valid folios,

which was forwarded to the superior tribunal of the Most

Excellent Selior Viceroy, to which I refer. It was faith-

fully copied, proofread, and corrected. The witnesses

who saw it copied were Don Juan Antonio Morin9 Ignacio

ThomAs de Aro, and Juan de Lara, vecinos and presidial

men of this royal presidio where this was done on the

fourth day of the month of March of this year of one

thousand seven hundred fifty-three, and on sixteen valid

folios of common paper because there was none of the

requisite stamped paper, in this province; authorized

by me, Don Jacinto de Barrios y JAureguij governor and

captain general by order of His Majesty (may God guard

him) of the same, acting for the receptoria in the ab-

sence of a notary public or royal notary„ I certify.

Signed:

^#. Jacinto de Barrios y Jduregui

rRubric,

Witness: Witness:

Ygnasio Thomds de Aro Juan de Lara

rEubric, Rubric,

^C.C,, September 25, 1752,

r

Year of 1753Colonel DonCarlos de Franquis Benites de Lugo while he was governor of.the said ^province,; the charges which the lat-ter.brought against Captain Don Manuel de Sandobal

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