cCTE55S'nd

189 2 77 used ^page,.s

Testimonio of the proceedings instituted by Lieu,tneant d,can,:

r^larcas Ruiz against Captain d,on, Raphael Mlartinez Pacheco

Year of 17b4

^_Rubric,

,CroSS

made by the govcer-

no,r of Texas c=on-

cernin,g the events

which were occurring

in the F'res,idi,_o of

San Agcusti,n of

Haum,a,da

the King, our

In the Royal Presidio of Our Lady

of Pilar of Los Adaes, on the twelfth

day of the month of September of this

year of one thousand seven h.undred and

sixty-four, I, don Angel de Marthos y

Navarrete, I,ieu,tena,nt Colonel of the

R,oya,l Armies, Governor and Captain

General of this Province of Texas, its

presidios, conversions and frontiers by

^ord (may God pr,otec t him):

VThereas, I have exam.ined. these proceedings with all of the

attention they demand;

^^ereas I believe, in consequence of that which they con-

ta2n, that if the suitable remedy which of necessity is required

by the fatal events which have just occurred in the Royal Rres-

idio of San Agustin of Haum.ada, belonging to this territory, is

not applied in trime, this r,presidio, l either because it is

defenseless by reason of its lack of troops or because of the

considerations which should be kept in mind on such critical

occasions in addition to those manifested in the cited process,

may reach such a deplorable state, as has that mi.ssion, that

their repair would put the Royal. treasury to.the greatest of

expense;

f

Whereas it is requisite, indispensable and necessary to

avoid, with the brevity corresponding 'co such an elevated affair

and before the remedy is rendered comple,tely difficult, this

very grave inconven3en, ce 9 as well as everything else which in

view o^ a1.l 'that has been mentioned above may ensue, with those

measures which for the purpose may seem most proper;

^Whereas no other more favorable nmea.sures, are provided

for this purpose than that of removing or suspending don Raphael

Martinez Pacheco for now' and while the Mo,st Excelle,nt Setor

Viceroy of this kingdom should resolve something else concern-

ing this particular' from the office he holds of captain of the

above-said Presidio of Haumada, and that of °providing, attentive

above all else to the difficulty of finding, in these parts per-

sons to place in their respective positions, the eighteen sold-lv

iers -who //are mentioned in the above-cited proceedings, so

that without loss of t,i,me they may go to serve their enlist-

ments free from any vexation;

Whereas the desired tranquillity, the existence of which is

of such importance in said presidio, is assured with these

measures, and that measure, which is considered expedi.e,nt, of

having the liceutenan,t of this presidio don Marcos Ruiz go to

command and govern the Presidio, of Haumada during the tei,me

it should be necessary while 'Lie,utena,nt don Domingo del Rio

provisionally holds his office in this presidio,, thus gainingg

as we do gain, the ends to which we aspire;

Therefore' in consideration of everything, making use of

the authority permitted me in such cases by the King9 our Lord

(mav God protect him), in his Royal name, since it coincides

with service to both Ma jesties to thus provide, as it does

provi de 9 for the expres sed purpose, ^ he eighteen above-mentioned

soldiers in the manner insi nuatec; g I remove and suspend the

mentioned don Raphael Martinez Pacheco from the office he holds

of captai n' of the cited Presidio of Haumacia for the _,.period, .

which has been determined, and appoint I,i e eutten..an, t don Aarco s

Ruiz to command and govern the cited Isidio, during the be-

fore-mentioned Cperiod, t Upon his arrival there, the above-

said don Domingo del Rio shal l transfer to this presidio, with-

out the least delay.

In virtue of this, I order the above-mentioned don Raphael

to withdraw complete,ly from the office of captain of the

mentioned Presa.dio of Haumra,da immediately after he has re-

ceived notice of this, my decision, from the aforesaid don

zAarcos, for the purpose of which I command that he be given the

corresprondi,ng authorized eopy. He shall move away from the

presidio, within three days, in consideration of the difficul-

,t, ies which might result from his staying there' and shall leave

aperson, who meets with his satisfaction in charge of the

administration, of the salaries enjoyed by the soldiers of s.aid

company, it being well understood during the above-mentioned period

S

order,, along with everything else deserving of his notice which

should result afterward, it being well understood that during

the tclm.e he is there he shall place all of his endeavour and

effort into attracting the Orcoquizas Indians who may have left

f this kingdom, an accurate account of the execution of r-this

Ido cst Excelle nt Seior 7 by,means of Hi sMa j esty' s courier, who

is to convey the precited proceedings to the captaincy general

in the manner which has been advised9 to send without an

audiencia de replica or any other pretext whatsoever to the said

that if he does not carry everything out in the manner in which

he is advised.i.in addition to incurring the penalty he should

incur for his disobedience, his person shall be prosecuted as

many times as his disobedienc,e should give reason for it.

For this purpose and for everything else which might con-2

cern the matter, //as well.as for the purpose of prosecuting

those who should obstruct all of that whzch I have decided9 I

give and confer upon the named don Marcos Ruiz all of the

authority which is required as necessary for putting it into

execution. Consequently, I command all of the soldiers and the

other people in said Presidio of Haumada9 under penalty of the

punishment which has been imposed, not to go against the said

don iiarcos Ruiz's, rule in any way, and to respect, revere and

regard him as their li,eutenan, t' leader and comrmand, er until

something else is ordered concerning the matter. In like

manner, I order don Marcos Ruiz,, once everything has been done

I its body and attempting by whatever means are possible to have

them live together in that mission in gracious unity. Said

li.eutenan, t shall give me corresponding notice of the success

of this as well as of everything else of consideration which

may occur, either concerning their maintenance or whatever

other matter there may be, so that once I have been advised of

this information Tmay supply ^c.Th.atever measures should be con-

ven,i,ent.

Thus I resolved, ordered and signed with the above-cited

witnesses as has been stated. In witness whereof I certify:

don Angel de Marthos y Navarrete

Witness: Pedro Granados

Witness: Francisco Antonio Solis

,Ca 1-2 in E.2- 24-1754,

i^^otif'ica C-ti, on con-

cerning the preced-

ing decision' given

by Lier-utena,nt

. d,o,n Marcos Pua.s to

Cap,tai,n don Raphael

Martinez ps.checo' and

the latte_r's, reply

don Marcos Ruiz, lieuten-

ant, by His Ma j e sty (may God

protect him)9 of the Royal Presidio

of Our Lad,y of Pilar of Los

Adaes and commander, by disposi-

tion of th&presen tsetor gov-

,erno, r of this Province of Texa.s

don Angel de IVIarthos y Navarrete,

of the Epresidio, of San Agustin

of Haumada, having arrived,, in fulfillment of the duty

conferred upon me' in the above-said Presridi,o of Haumada

today at about twelve o' c1_ock9 or a little earla.er, 9with

Sergeant Christoval Cordova and the tirvTenty-one soldiers

Joachin del Rio, Francisco Lozoya, Joachin Ruiz, Ponzeano

Trexo 9Paulin de Arambula, Matias del Rio, Pedro Gonzales,

Candido de San i.^^iguel9 Torivio de la Fuente, Melch.or Morin'

Joseph Maria Rodriguez, Joseph Val.entin' Migue1. Leal, Andres

del. Rio, Manuel Franco, Joseph de Lara, Francisco Ramos'

Joseph Antonio del Toro, Juan .Antoniv Flores, Nicolas Bosoley

and Joseph Villareal for the purpose of placing into execu-

tion the contents of the preceding resolution, issued by

the said se!or governcSr for the purposes expressed therein

on the twelfth of Sep temb, er of this present year, rex-

perienced the following, :

The above-mentioned troop had almost finished arranging

itself in its place //when Captain don Raphael 11artinez

Pacheco, who at the time had been on the pier, entered his

house on a dead run and quickly came out of it with a pair

of pi stols at his waist and his musket, with fixed bayonet,

in his hand. He remained erect in the corridor of his

house with his eyes inclined toward me and the mentioned

troop and as soon as he grew a little calm I told him that

the rea.son for my coming was to convey to its presidio the

troop which had absented itself from it and to publicize,

with his permission, the measures taken by the said or

govicerno,r so that a similar case should not take place in

the future. He consented to this and the pre,=:cited-_,re-.

soluti Qn was read in a loud and clear voice.

No sooner had it been read than, catching up his

musket and calling the Orcoquizas and Atacapaz Indians to

his aid, he manifested in loud and 'naughty tones that he

was not sub j ect to govt erno, r or viceroy, that only the

king had command over him and that in consequence of this,

I could return with all of the troop I had brought under my

command, in consequence of the fact, that he would in no

way obey, and only dead would leave the place where he was.

Since he did not reconcile himself to the reasons I

proffered for the purpose of calming him and of informing

him that he should quickly carry out that which was re-

ferred in the cited, read letter and make use of his right

of appeal before the 'Mo E st Excelle, nt or Viceroy of this

kingdom, to vhom would be dispatched everJ-thing done con-

cerning this matter, I notified him in the name of the king

that he was to regard his house as a jail. He became more

and more infuriated with this pronouncement and called3v

//everyone who was in the presidio to his aid. A member of

his household named don Ambrosio Brioso seized some weapons.

As the said don Rapheel made a move to fire his musket I

ordered him seized, and. as this was done said Brioso fired

with intent to kill, with a blunderbuss which did not fire

except in the pan, at Joachin del Rio, who had already

seized the above-mentioned captain. At this distu,rban,ce'

the Indians 9who at the same moment had been provided with

swords , muskets, powder and shot by the above-mentioned

don Raphael, fell ^upon us,. '11h.us it was done. Since

Lieutenant don Domingo del Rio, who while on the other side

of the river had received word from said don Raphael that

he should leave because the govrerno,r had sent for him

bound, did not appear, the soldiers who should have placed

my cited order into execution retired.

In consideration of C the f act, that without said

liezutena,nt there was no one who could calm the Indians,

I found it conven ,ie nt to desist for then from the enter-

prise. I retired with all of the troop and with Juan

Joseph Cordova, M'anuel de la Cruz, Joseph

-

i and Carlos Granda, the only four soldiers in said presidio,

to the mission, and immediately going beyond it for about

sixty paces, toward the soath, halted tYiere. The order

summoning the said Li,eutenan, t don iJomring, o del Rio

followed successively and I assured him that everything,

the mentioned don Ra-Phael had had told to him was sinister.

in order to certify all of the above,-mentioned I had a

judiceial decre,e issued, in continuation of which all of

the above-mentioned soldiers shall certify its content. I^-t=

signed it on this //seventh day of October of the Dresent

year of one thousand seven hundred and sixty-four with. the.

witnesses assisting me, -^:fith whom. I act for lack of a

notary public on this common paper for lack of any other.

In witness whereof I certify:

Marcos Ruiz

Witness: Joacbin Mansolo

Witness s joachi n Ruiz

rC. 2v-4 in2- 24- 1764,

Certification pro-

vided, by those who

are mentioned there-

in concerning the

triath of what is re-

ferred to in the

preceding judicEial

decre,e,

Immediately, before me, said

lier1a.tena,nt, and in the presence

of my attesting witnesses, appear-

ed Sergeant Christoval Cord.ova,

Joachin del Rio, Fran ca. s, co

Lozoya, J^aachin Ruiz, Ponzeano

Trexo, Paulin de Arambula, Mathias

del Rio' Pedro Gonzales, C:andido

de San Miguel, Toribio de la

Fuente, Melchor Mcrin? Joseph Maria Rodriguez, Josen Valentin,

1111-iguel Leal, Andres del Rio, Manuel de Villafranca, Joseph

de Lara, Francisco Rat^nos, Jo.-se?ah Antonio del Toro, Juan

Antonio Flores, Nicolas Bosole;r and Josenh Villa Real.

After everything contained in the preceding judic rial

decre,e had been read to them word for word in a loud, clear

and intelligible voice, they stated that everything cdntained

therein is the same as that which they have seen and has

occurred before them today ai ter eleven o' clock, They have

nothing to add or subtract, for it occurred in the exact

manner in which it is expressed in said judic=ial decre,e.

They certify this, since it is necessary, in the complete

prescribed manner rec^ui.red as necessary by law, and signed

it, those who know how, with me and the above-cited witnesses

as has been stated. In witness -vhereof I certify:

Marcos Ruiz

I Witness: Joacbin Mansolo

Christoval de Cordova

Witness; Juan Joseph Cordova

Joachin del Rio

Joachin Ruiz

Ponzeano Trejo

Jo s eph Antonio del Toro

eC. 4 in p ,2-24-l764,

^3ct rovIa zng,

for I#ie,utenant

dco,n Domting,o del

Rio to carry out that

which is advised

therein

In said place' said day' rnonth

year, I, said lie C^^-^tena, nt 9an^v

.//informed Lieutenant don Domingo

del Rio, after he had appeared

quickly at my summons, of every-

thing contained in the resolution

of the seor governor which is at

the head of these proceedings. He said he would quickly

obey and carry out that which was ordered therein.

In consequence of this l ordered him, in the nresence

of my attesting witnesses, to go inform the Orcoquizas and

AtaeaDaz Indians that whatever the senor governor should

command should be obeyed and performed in all of this

provr-ine,e and that in virtue of this they should not place

themselves on the side of Cantain don RaDhael Martinez

Pacheco, m.uch.less obstruct my, placing into execution that

w1bich said senor governor was ordering me to do,, He

replied that he wou.ld faithfully carry this out.

In order to certify it I issued a judiceial decre,e

whie;b. I signed with the sai dlieu.tenan.t and the above-

cited witnesses as has been stated. In witness whereof I

certa.fy®

Marcos Ruiz

Domingo del Rio

Witness: Joachin Ruiz

itness: Joachin 'Hansolo

4-4v in E.2- 24-1764,

f

Reply made, by the

Indian chiefs to

that which has been

previously expressed

On said day, month and year,

standing before me, said lieu-

tenant, and in the presence of

my attesting witnesses, Lieu-

tenant don Domingo del Rio, back

from the settlement of Captain Cal zones s'^aahere he had sac,

gone, said he had gone to the said set ^:lement and e^plained

to Captain Calzones' as well as to the captain, of the

Atacapaz Nation, s or they, were together in the manner and

form accustomed by the I:ndians , that which is expressed

in the preceding decree, as well as everything else which

seemed con.duc i, ve to rth.i s, end.

They replied that ,they acknowledged, having been ad-

vised of everything and asserted that they, as well as all

of the individuals of the two //above-,,-jientioned nations,

would not get mixed up in anything i.Jhatsoever. Said Cap-

tain Calzones added that in carcµer that Captain don Raphael

should not depend upon them, for he had distributed swords'

muskets, powder and shot among some of them, and obeyed

that which he was commanded without causing noise or scandal'

he would go see him and for three days ,^.^..rould try to, per-

suade him to leave. Once thesc had cone by, if he did not

wish to go, the Spaniards could do with him whatever they

should consider conven,ie,nt. After said don Dorainga had

con:sented to ^his nro^^osal he encouraged the above-mentioned

I

In order to certify the above-mentioned, I, said

l:ie.i;?tena,nt, had a decree issued which I signed with the

mentioned don Domingo and the above-citea witnesses as has

been stated. In witness irhereof I cer tify.

the results from him.

Calzones to carry out with perseverance that which he was

offering9for he would -IL-lake care to come every day to learn

1rcos Ruiz

Domingo del Rio

Wi'cnes s : Joachin Mansolo

Witness: Joachin Ruiz

y c. 4v- 5 in E,R2-24-1764,

Reply made by the

.indian chiefs to the

decree issued with

them by Lie utena, nt

don Domingo de7.. Rio

In said place, on the eighth

day of the above-mentioned month

and year, when Lieu,tean,nt don

Domingo del Rio appeared before me,

said lieutenant, and the witnesses

assisting me at about four in the

afternoon, he stated that, having gone to learn from Cap-

tain Calzones what had been the result of the businces,s

which ever since yesterday afternoon he had promised to

transact with Captain don Rarhael Martinez Pacheco concern-

ing the latter's, leaving volunt,ar,ily, said Calzones had

replied that having gone yester.day and today to speak with

the above-mentioned captain and given him to understand.5v

whatever would be conducive to //his coming out of the house

and freely leaving to see the Grand Captain before Captain

Marcos should throw him out by force, cdon Ranhael, had

replied. to him that he would not leave and that he would

resist until he died or could stay in the presidio, for he

was brave and outside had laughed at many more Spaniards

than those who had arrived at the presidio$ Smiling at this

assertion, sai dCalzones had again said that since he was

brave, ^=ahy did he stwT locked in his house instead of going

out to fight with a,he Spaniards, since he saa.d. there were so

few. Since Cdon Raphael, had replied absolutely nothing to

this, he had returned to his home.

S

cited witnesses as has been stated. In witness whereo

certify:

In order to certify all of the above-mentioned, I, said

1.i_.eutenant9 had a decree issued which I signed with the

above-mentioned Lieutenant don Domingo del Rio and the above-

Marcos Ruiz

Domingo del Rio

Witness: Joachin Plansolo

Witness: Joachin Ruiz

^ G. 5- 5v in E.2- 24-1764,

Reply made by the

Indians to the de-

cree issued by don

D:om,,ing, o del Rio

In said place9.on the ninth

day of the cited month and year 9

Lie,utena,nt don Domingo del Rio

appeared before me, said liceuten..

an,t9 and the witnesses assisting

me at about two in the afternoon. He said that when he went

to.the house of Captain Calzones to ascertain .the state,

the proceedings he had guaranteed to carry out with CaT.)tain

don Raph;.,el Martinez Pacheco, Captain Calzones, had re-

plied to him that, having gone to speak with Pacheco, and

offer for his consideration everything he had given him to

understand on the preceding occasions' he had obtained no

other answer than the one of his not leaving and of his

dying first, resisting with those who were accompanying him

to the last, rather than retire from the presidio.

At this reply, said Calzones says he again pressed him

to leave and to feel certain that neither his nation nor6

the AtacApas, nor the Vidais captain who had //arrived here

Sunday with a lot of Indians, vTould help him in any way.

Thus, his two cannons, which he had in the house, and the

many fire-arms he had prepared in it would be of little use

to him if he was to obtain nothing from the many Spaniards

that were there to throw him out of his house by force if

he did not want to leave it willingly. Since CPacheco, re-

plied to everything that he was brave, was not afraid and

thus ^^Fo^.^ld resist until he, died., rCe.lzones, came back,

angered to see a captain so foolish that he could be con-

vinced of nothing.

In order to certify all of the above-ment? cned., l,

said lie.utenanti issued a decree ^rhich ^signed. with the

above-mentioned lieutenant and the above-cited witnesses

as has been stated. In witness ^Thereof I certify:

Marcos Ruiz

Domingo del Rio

Witness: Joachin Mansolo

Witness: Joachin Ruiz

.C. 5v-6 in E.? -24-1 ^64,

e;;

Decree for notifying

Captain don Raphael

of the resolution

which will be taken.

if he does not obey

that which has been

intimated to him,

Immediately, taking into

consideration the fact, that

from the imprudent temerity of

don Ranhael Mlarti nez Pa checo t s

intrenching himself in his house

in order to resist in it along

with those who accompanied hiffi

cannot but result precisely in

the action of having fire set to said house so that, gain-

ing by this means the end which is aspired' that of entering

and preserving in the Royal Presidio of San Agustin of

Hauznada its complement of troops, it may be preserved from

the fatal ruin to which it is indubitably exposed by the

lack of the troop,, and since it seems to me conven,ient

that before Droceeding to this' my last resoZiation' the

above-mentioned don Raphael iFartinez should be informed of

it l I, said lieutenant, c=omma, nd that, for that which

might be of importance, notice of r-my resolutiona be sent

to him, signed by, my hand.9 in the following manner:

6vSeior don Raphael //Martinez Pacheco:

Dear Sir:

On the seventh day of the current rmonth, I entered

:I:njunction that Royal presidio with the

troop coming under my care for

the purpose of placing into execution the resolution

a issued for the preservation of that boresidio, by the seior

governor of this Province of Texas don Angel de Marthos y

Navarrete in the manner which I made knoimto X,our, Hr_ono,r,

It had no effect because Yrour, Hrono,r opposed it with the

actions carried out for this purpose. Since it is necessary

for me to place it into punctual execution, fulfilling the

obligation, by wh.ich I am bound 9 I proceed to declare- to

Y r our, Hrono, r that if you do not leave, of your = own a c-

co,rd, within three hours9 your house of residence, in

which you have intrenched yourse:tf with those accompanying

you with various preparations for resa.sting my taking

command of th.at presidio, Iwi7.l find myself with the final

determination, once the said period has passed, of having

the house in auestion converted. to ashes, so that once the

person of Yr.^our, Hrono,r and those of the ones who accom-

pany you for the expedition you were attemptir.g are taken,

the resolution menti oned. before may be nunctually and

effectively f-alfilled«

I must persuade myself that if 'IL7,our, Hrono,r invokes

reason you cannot but embrace such salutary terms, when

one should r-really, proceed by fire and blood against

your person and the persons, of your companions. In order

that Yr_our, H,ono,r may better satisfy yourself that I

intend to exercise complete mercy and clemency and avoid

anything which might occasion noise and scandal, I state

H,ono,r shouldthat if Within the assigned period ^.^r©ur.

decide to willin,g,ly give up your couse, with all the

weaDQns within it, not presenting the least difficulty to

m y cemmand:^ri^; the troop in the name of His i`fillajesty (may Glod

protect him), //I promise to allow you to live freely in

the presid-i o, and administer the troop while the lqc,:st

ExceZ.lt,nt Selor Viceroy of this kingdom, to zvihom we shall

give an accou,nt' should resolve what would be most to his

liking concerning everything.

Thus I nrovided and ordered with the above-cited

witnesses as has been stated. In vitness whereof I certify:

I41arcos Ruiz

Witness e Joachin Mansolo

Witness: Joachin Ruiz

_c; 6-7 in E.2-24-17064,

I Decree providing,

for the delivery of

the injunction, and

its consequences

In said Dlace, said day, month

and year, I, said lieutenant, cer-

tify in the nrescribed manner as

many ti:mes as are required as

necessary by law that once that

ich is mentioned i.n.the preceding decree had been written

on a sheet of ra-oer for don Raphael Martinez Pacheco, it was

given in the form of a letter with its corresponding title

to aboy named Juan Valdes, since there was no other person

who wished to take charge of this businres, s, in order that

he might place it in the hands of the above-mentioned don

Raphael.. Having returned in about an hQur i^,rith c the letter,

in his hand, Valdes, had said that don Amhrosio had re-

ceived it for the above-mentioned ^,,)rpose. The mentioned

don Raphael had alvakened at this time and had ordered him

to return the letter, to Lie,,utenant don Marcos, for he

had inferred what that which had been carried out might

imply.

In order to certify it I issued a decree which I signed

with the above-cited witnesses as has been stated. In

witness whereof I certify:

arcos Ruiz

Witness: Joachin Mansolo

Witness: Joachin Ruiz

rG. 7 in E.2- 24-1.764,

^ Account of the rrepa- In said place, said day,

rations made for the

resist.anc,e which

was to be carried

out by don Raphael

month and year, before me, said

lierutena,nt, and the witnesses

assisting me, appeared Nicolds de_7v

Villa Fuerte, a //tailor by trade

who was living in the house of the

cited d,o,n Raphael Martinez Pacheco and who, for this reason,

was ordered from the afternoon of the seventh to stay there

in order to learn of the preparations existing in said house.

He said under oath, can oath, which I made him take in the

prescribed rraanner of the law, that the indicated don Raphael

had the two cannons at the door of his house well loaded with

master shot cvala maestra, , a great deal of smaller rshot,

and other fragments of various pieces of iron; that he had

ten or twelve fire-arms ready on a table and a large amount

of powder and shot at hand; that the above-mentioned don

Raphael never left the cannons, but was there day and night

with his musket in his hand, his little sabre and a pair of

stols at his belt; and that he had had the doors fortified

with his trunks and other things.

,Vil.la Fuerte stated, that those who were ready to fire

when the occasion should arrive were the cited don Raphael,

who was to tend to the cannons alone, Andres Zambrano and

don Ambrosio Brioso. The latter, in addition to carrying

out don Raph.ael's ideas and expediting everything for him,

had made three loopholes in each wall of the house, placed

.irom top to bottom in a straight line.

Don Leandro -Marta.nez did nothing because he, was sick

and don Lorenzo Bustam=an.,te spent the tGi,me doing nothing

but advise said captain to desist from the enterprise he

desired so much to carry forward (for wh3ch reason he had not

left already). Bustamante advised the captain, to keep in

mind that it was a very delicate matter s that there was still

a remedy for it, and that the best thing he could do was to

surrender the house and go to Mexico to discuss his rights

with the propriety of a captain, something he would not ob-

tain later if he gave occasion to being thrown from it by

force, from which followed //Cthe .i act, that he might lose

his life in the fray.

,Va.lla Fnerte continued 9 stating, that Captain Calzones

had given jachecQ, to understand this same thing on several

occasions, assuring him that none of the three nations there

at present and in whom he was trusting would be of help to

him, The RGevcre,nd Father ^r^aY3 Luis Salvino had also

spoken with him about the matter on two or three occasions

concerning that which, might lead him to open his 'eyes and

perceive what he was doing, reminding him of the dangers to

which he was exposing himself by carrying his mania forward.

Finally, Rosa Guerra' in behalf of Lier-utena,nt don Domingo

del. Rio, had told him that if he did not obeyg doing that

s^v-hich he had been ordered to do, 7they would set fire to

the house and thus, that the best sten he could take would be

to call hi^f^seelf to reason and comprehend that what he was

doing was unworthy of being carried out. But said captain

was closed to everything, paying no attention to the advice

they gave him and stating that he would resist until the

end and leave if he cou1d. when the house was burning.

In ord.er to certify all of the above-mentioned, 9 I, said

lieutenant, had a decree issued which I signed with the

aforesaid Nicolas and the above-cited witnesses as has been

stated. In witness whereof I certify:

Marcos Ruiz

Nicalas de Villa Fuerte

Witness: Joachin Mansolo

Witness: Joachin Ruiz

r-C. 7-8 in E.2-2.4-1764,

Presentation made,

by don Lorenzo

Bustam.an,te

In said place, said day, month

and year, on Lorenzo Bustamante

presented himself before me, said

liecutena,nt' and the witnesses

assisting me. He stated under oath, an oath, I had him

take in the Drescribed.manner of the law, that his not appes.r-

ing before now had originated from his having remained with

don Raphael Martinez Pacheco to see if. he could succeed `in^v

//persuading him to desist from the resistance he was attempt-

ing to make.

. Bustamante stated that Pacheco, thought he could re-

main master of the presidio, the end he coveted, by means of

this resistance,, or flee at the last with don Ambrosio

Brioso and Andres Zambrano after having n.ade the greatest

resistance. For this purpose he had intrenched himself and

had the two cannons from the presidio, well loaded, in the

door facing the plazag about ten or twelve fire-arms ready

on a table, and a large quantity of powder and shot at hand.

All of the walls of the house had been -made into one out-

right loophole. Those who were to accredit the resistance

were only the before-mentioned three, the first at the

cannons and the other two at the loopholes.

The reverend Father Missionary Er a Luis Salvino had

spoken with the mentioned don Raphael two or three times for

the purpose of having him do the same thing, TBusta..^ante,

had referred to him. Captain Cal:s:ones did the same on

different occasions, solemnly affirmaing to him on alm-ost all

of them that he was no t to rely on the Indians , for none of

them would be of helr to him. Finally, Rosa Guerra, on

behalf of Lie.utena,nt don Domingo del Rio, had given him to

understand that what would be to his advantage would be to

obey and not allow his imprudences to. put him in the straight

of burning to death, which is what they deserved' and that

since there was still time for a remedy' he should no twaste

the occasion for acknowledging his errors.

In order to certify all of the above-mentioned I had a

decree issued which I signed with the above-mentioned.9

Fustamran,te and the above-cited witnesses as I/has been

stated. In witness whereof I certify:

Marcos Ruiz.

Lorenzo Bustamante

Witness: Joachin Mansolo

Witness: Joachin Ruiz

C. 8-9 in E.2 - 24-1764,

Last transcactio,n

carried out by

Captain Calz,on,es

with Cap ,ts.i, n don

Raphael

In said place, on the tenth day

of the above-muentioned month and

year, don Domingo del Rio appeared

before me, said lieutenant, and the

witnesses assisting me at about eight

o'clock. He stated that ,=!hen he had

gone to the settlement of Captain Calzones, the latter had

told him he had just come from the house of dop, Raphael

:sartinez Pacheco, to whom he had made several entreaties to

1.eave. He had told Pacheco, that he could, feel certain no

nation would be of help to him and therefore the best step

he could take was to move. Vv^h.en rPacheco, had replied to

these proposals, and others he had made, that he was not

afraid and would laugh at all the Spaniards, Calzones, had

come away angry and with the intention of never again return-

ing.

Granted this, Calzones stated, he no^.^ had nothing to

do, would not intervene in anything and therefore, since he

did not wish to leave willingly, they should throw Pacheco,

out of his house by force. He said, that the best method,

in order that no one should be endangered, for he was well

prepared and very foolish, was to burn.his house and thus

seize him. Del Rio, was to take care of preventing that

another captain such as that one should be pl.aced over him,

so that they and the soldiers might continue in this manner.

Having been asked if he had sent word to the above-

mentioned don Raphael by Rosa Guerra of that which is reported

in the preceding decree' which was read to him as well as

that which preceded it, del Rio, said he had. Therefore,9v

,he stated, 9this as ^srell as everything else which //Captain

Galzones has reported on several occasions, has in no way

fallen short of the truth and he iljolild certify this in due

form if necessary.

In order to certify this I had a decree issued which I

signed with the above-mentioned lieu,tena,nt and the above-

cited witnesses as has been stated. In witness whereof I

certify:

Marcos Ruiz

Domingo del Rio

Witness: Joachin ^;?ansolo

Witnes s . Joachin Ruiz

C. 9-9v in E.

2- 24-1764,

I Immediately, I, said ljeuten-

ant, keeping in mind that.

Whereas, in spite of the fact,

that don Raphael 1,11artinez Pacheco

returned to me yesterday afternoon,

unread,. the letter or injunction mentioned before, he has

been sufficiently advised of what he should. dog. as well as

informed that if he does not do it we shall proceed against

his rerson and those of don Ambrosio Brioso and Andres

Zambrano with. every harsh measure until we succeed in putting

into effect, along with everything else which the 'presence

of the occurrences should deem necessary, the nrovisaon, of

having the troop of the Royal Presidio of San Agustin of

Haumada remain in the rresidio, under my command until such

time as the Mlo,st Excelle,nt Setor Viceroy of this kingdom

should decide what he should consider convenient concerning

this and the suspension of the mj.entioned don Raphael;

Mh.ereas' by virtue of this, we should proceed to this

without delay or compassion, so that the offences carried

out by the cited don Raphael, that is,9 of having publicly

risen to arms in order to oDpose the provision,, calling to

his aid the Orcoquizas and Atacapas, to whom he had swords,

muskets, powder and shot distributed.for this purpose, and

of intrenching himself in his house for perverse purposes in

Order given to the

courier Juan de iY?bra

for the purpose ex-

Dressed therein

order to make, with the various preparations ready there,lo

the iniqljitous resistance he has //contrived and flee with

the above-mentioned tmen, after having obtained their

diabolical vengeance if he should not succeed in remaining

master of the above-said presidio by force' should not

subsist without a most severe warning; and

Whereas, in. spite of everything, my will is directed

only toward having the stated don Raphael r epent g once he

has acknowledged the offences he has PerDetrated, and carry

out with due respect which he has been ordered to do;

Therefore, I order His Majesty's courier Juan de Mora,

om I summoned before me, to go the houses of the residence

of the said don Raphael and tell him that, there being no

impedimerat, I shall go to communicate to him what he should

do at the present critical point, as well as ray intention in

case he should not consider carrying it out.

Thus I rarovided, ordered and signed wi th the above-

cited witnesses as has been stated. In witness whereof

certify:

Marcos Ruiz

Witness: Joachin Mansolo

Witnes s : Joachin Ruiz

C. 9v-l0 in E.2-24-1^64,

a

rcce,dur,e carried ! On said day, month and year,

out by don leiar co s

Ruis with the

captain

at about ten in the morning or a

little later, after Juan de Mora

had returned in behalf of don

Ranhael Martinez Pacheco with the

reply that I could go visit him without misgiving, I immedi-

ately set out for the houses of his residence, taking in my

co^Dany the beforesaid iVSora and the soldier Carlos Granda,

whom I ordered to be attentive always to everything that

should be uttered. 1-11aving arrived with them at the house,,

which, according to what I saw, was completely embrasured,

lgreeted' from the outside, the above-mentioned don Raphael,

who was insic? e looking out from a window he had made with a

crosspiece in the upper part of the door itself. From there

on down were the cannons, bearing on the plaza.

Having stated to him with, apeacef^..7l style and pleasant

manner from where I was, for he did not permit me to enter

inside, everything contained in the said letter, I explained

to him ths.t I consented to it, even against that which I

had been comm-,landed, in order to keep from carrying outlOv

//that which such strange actions as those he had carried

out necessarily demanded. I concluded by stating, that he

should keer in mind the fact, that there was no resistance

against force and that obedience was due superiors even

when that which they ordered was i.ll-advised. Inasmuch as

the means for deducing harm should remain free, I intimated

again that if he did not embrace the terms lproposed to

him it would be indisDensable to proceed against him with-

out mercy, as well as against Brioso and Zambrano swho 4

according to what I saw through the space of said window,

remained on guard in the bedroom with weaDons i n. hand.

Since nothing resulted from all of this other than the

reply uttered by don Raphael that he was ready to resist

until the. end, for which purpose he was prepared in the

manner he saw fit, I took my leave, telling him that with

regard to that, I could not but place into execution what I

had insinuated..

In order to certify everything I issued a decree which

I signed with the above-mentioned (who, after having heard

it read, affirmed, under the oath I had them take in the

prescribed manner of the law, that it had been just as they

had heard) and the above-cited witnesses as has been stated.

In witness whereof I. certifys

Marcos Ruiz

Juan de idtio r a

Carlos Granda

Witness: Joachin Mansolo

Witness: Joachin Ruiz

C. 10-l0v in "E.2-24-1764,

Decision which has

been made by those

who are mentioned

therein concerning

what should be done

against dron,

Re,phael and those who

acco#:?pany him

In said place, said day,

month and vear , seeing as

completely unfruitful all of the

proceedings carried out for the

purnose of making, don Paphael

Martinez Pacheco acknowledge his

offences' repent, and place into

execution what has been intimated,

and since it is necessary to

manifest an extremely severe act to serve as an exeaiple in

the future, I. said lieutena,nt7 convoked Lieutenant don

Domingo del Ra.o and Sergeant Christoval de Cordova at about

five in the a.ftern®on for the purpose of resolving among the

three that which should appear convenient concerning the

matter.

By reason of the fatal consequences which can follow

infallibly in the auture if the i.mprudent9 never before

seen, and rash actions carried out by the above-mentioned

don Raphael with so much brazenness and disrespect should

remain in their force and vi©or in sight of these gentiles^

who already ridicule the cowardice of so m any Spaniards be-

fore only three who are locked up' actions such as, publicly

opposing wath arms the co.rvqand of his superior, calling the

hes.then, Indians to his aid, providing them with swords,

muskets, powder and shot, intrenching himself in his house s

converting his walls into embrasures, and finally, consider-

ing -t3ith perverse ends to resist a conflict which his foolish

obstinacy will,necessarily occasion, for, in conformity with

the royal ordinances and laws, he should bl i nd3_y place the

command into execution even though it should be un just g in

consequence of the:fact, that if the entire troop of its

garrison, the presence of which is of such importance there,

does not enter the Royal Pr•esidio of San Agustin of Haumadas

it will remain for this reason, as its mission, exposed to

total ruin; and since, once the trooDs have entered, if

,the presidao, remains under the command of the above-

mentioned don Raphael it cannot subsist because the soldiers,

are intimidated by his rash and violent condition and that

which has just occurred will happen ^ s.gai n, , we decided

unaminously, after having discussed this serious matter among11

all of us with the //corresponding maturity, to -procecd

tomorrow very early, without losing an instant of time, to

set fire to the houses. of the residence of the we1.l-^.^no-vrn

don Raphael, taking particular care to place the greatest

effort into apprehending them when the abpVe-mentioned and

those who accompany him come out, so that, well secured, they

may be duly transferred to the caDtaincy general of thisllv

kingdom. Once this has been done, the //corresponding

account of the state of this business shall promptly be

given to the captaincy general,,

I In such an event, attention shali..be paid to putting

out the fire if the occasion should Dermit it, attei-,qpting to

save from it all that which is knowm might possibly be en-

dangered in the conflagration and keeping in mind, for what-

ever it might be worth, that before proceeding with this

enter-orise the above-mentioned don Raphael shall be ad-

monished in a loud voice only once that if he does not turn

himself over in that instant his house will be set on fire.

He who should be in charge of this expedition shall act as

appears necessary aceording to don Ra.phae3.'s, reply, carry-

ing out the order, to its proper end. Lie,utena,nt don

Domingo del Rio is appointed for this purpose, for so seems

convenient. I, don 14arcos Ruiz, give him the necessary

authority for this as of today.

Thus we resolved, ordered and signed in the manner we

accustom with the attesting witnesses. In witness whereof

we certify:

Marcos RuiZ

Domingo del Rio

Christoval de Cordova

Witness: Joachin Mansolo

Witness: Joachin Ruiz

,C. lOv-llv in E.2-24-1764,

Execution of the Pre-

ceda.ng resolution

and its effects

In the Royal Presidio of San

Agustin of Haumada 9 on the eleventh.

day of the month of October of

this year of one thousand seven

hundred and sixty-four' I, don -14e,rcos Ruiz, conferred with

Lie,utena, nt don Domingo del Rio at about ten in the morning

because he h.ad notified me that the busin.es, s^-rhich had

been entrusted to him had already been convipleted in the

manner which the occasion demanded. The aforesaid lieutenant

appeared before me and the attesting witnesses with Sergeant

Cordova and twenty persons, to wit: Juan de 1-1ora, Francisco

Lozoya, Pedro Gonzales, Joachin Mansolo, Carlos Granda,

Joseph Manuel de Acosta, Manuel Franco, Francisco Ramos'12

Melchor Morin, Marcos Hernandes, Juan //Joseph Cordova,

Ponzeano Trexo, Paulin de Arambula, JosePh de Lara, Joseph

Antonio del Toro, Joseph Valentin, Nicolas Bosoley? Ramon

r

"Having arrived at the abovesaid presidio with all of

the persons present, among whom are not included two who are

missing, and imposed silence upon them, I®rdered the courier

Juan de z-lora to go out to the Plaza and admonish don Raphael

Terio, Miguel de la. Zerda and Joseph 11iguel 'IremiPio.

stated:

Martinez Pacheco in a loud voice that if he did not give

himself up the houses of his residence would be set on fire

the same instant in the name of the King,

f1__ '^ ti

8 -After this; had been carried out in the above-

menti oned- manner and the before-said don Raph.ael had under-

stood it, he promptly replied that on the present occasion

he would not obey even the king. Telling .3,°aor a, to leave,

he had not well rronounced it when he fired a cannon and

the said 11ora had to throw himself to the ground so as not

to be injured. Instantly, he loudly called to his aid the

Orcoquizas and' Vidais , who have not appeared, and at the

same ^?oment a musket-shot sounded through one of the loop-

holes in the house on the side facing the church, at the

echo of which a soldier named Joachin del Rio fell dead. At

this arrogance, and the other, offences carried out, I

engaged the people in battle on every side and they behaved

with such courag;e that at the first discharges we heard death

moans break forth from one of those who were making re-

sistanc2.

Because of this I ordered a suspension of hostilities

for a little while. Instead of giving themselves up,

,however,, the traitors carried on their continous fire with^.2v

such perseverance that they.successively //irounded two

soldiers, slightly, so that one of them was not able to

serve more in the operation.

.Seeing such temerity, I engaged the people a second

time with more activity and at the same time had fire set to

the house. Since the roof was damp from the dew, it took a

I

be the one who had been moaning inside) clutching a knife in

his hands and. proffering rectos. The latter, finally died

of gunshot wounds, for he had not wanted to give himself up.

When the fire, which also consumed an old, empty barracks

and a short piece of the church, was over, it was ascertained

from the fragments found on the floor of the house that it

had 'devoured everything within it. Since there were no

vestiges to manifest the whereabouts of the person of the

was transferred out of danger, as was a boy who came out

behind him followed by another (who was recognized later

long time to catch fire, reason for the fact that, the

loopholes did not cease dispatching bullets repeatedly.

The fire grew with the wi nd which was beginning to blow then,

,but, the fire, from the loopholes did not cease because

of this, reason for my ordering that the church be entered

quickly in order to save whatever might be in it. There

was nothing. I had the store secured with the same order,

and the a:ncloGed merchandise thrown out. It was cared for

by two prisoner's guards, one on the inside and the other at

the place where the merchandise, was secured, about eight or

ten varas distant from the first.

The fire took on the aspect of a fire, which could not

be put out, reason for the fact, that when those inside

perceived that it e.ppeared to be this way, Don Leandro per-

mitted himself to be seen. Once he had been recognized he

13above-mentioned don Raphael, and even less //that of Brioso 9

it is inferred that they probably fled on such a favorable

occasion that they were not seen by the troop iperhar;s when

,the troop, 9distrustful of the havoc which as much -Dowd.er

as was within the house might cause from pressure, had

retired."

Once all of the mentioned had unanimously affirmed the

same thi.n,g' 19 said lie,utena, nt9 had a decree issued which

I signed with the above-citedwitnesses and all of the above-

^entioned who knew how to write,. Nicolas de Villa Fuerte

signed for those who did not know how. In witness whereof I

certify:

Mar c o s Ruiz

Domingo del Rio

Christoval de Cordova

Carlos Granda

Juan de Mora

Joseph del Toro

Juan Joseph de Cordova

Ponzeano Trexo

Joachin Azansolo

Nicolas de Villa Fuerte

Witness: Juadhin Ruiz

Witness: Joachin ir^ansolo

,C. ilv-13 in E.2-24-1a764,

Y

Wri t c er t i. f'yi n g that

CapEtai,n don Ra-

phael did not per-

ish in the fire

Immediately, I, said lieu-

tenant, went with my attesting

witnesses to the site where the

house inhabited by d4sn Raphael

Martinez Pacheco was built. Hav-

ing moved everything within it, it was palpably ascertained

that neither, the before-said don Raphael nor don Ambrosio

Brioso had perished in the fire.

In order to certify this I issued a decree which I

signed with the above-cited witnesses as has been stated.

In witness whereof I certify.,

Marcos Ruiz

Witness; Joachin Mansolo

Witness: Joachin Ruiz

C. 13 in E.2-24-17b4,

Return of the mer-

chandise mentioned

in this. writ to its

place

Immediately, I, said lie,u-

tena,nt9 went with my attesting

witnesses to the site where the

mer.chand.ise which was taken out

of the store so that it should

not be endangered9 as might have occnrred rwas to be found.

It was returned to the store, by my erdex° and in.my, pres-l3v

ence. I had the store, clesed until such time as //-^re

praceed to its examination and that of whatever else there

might be. Its key was delivered to don Lorenzo Bustamante,

In order to certify this I issued a decree which I

signed with said Bustamante and the above-cited witnesses

as has been stated. In witness whereof I cer. ti^^ :

Marcos Ruiz

Lerenzo Bustanante

Witness: Joachin 111ansolra

,_%'ifness n Joachin Ruizs

,C. 13-13v in E.2-24-1;^64,

Pmeri ^ ^ma^.e, by

Fr.ancis,co Solano

for the rurDose of

learning from hizn,

when and in what

manner the cat^.tai n

fled from his house

Since it is necessary to

inquire from those who l ef t the

house inhabited by don Rs.phael.

Martinez Pacheco at the tti,me

it was burning, at what time

and in what manner the aforesaid

don Raphael, as well as don

Ambrosio Brioso, had left' wh.ai,

direction they had taken and wha-t fortune was followed by

each when making resistance 9 I, said lieutenant, immedi-

ately order Francisco Solano, who said he was a servant

of the above-mentioned don Raphael' to appear before me

for this purpose. Being present before me and the wit-

nesses assisting me I administered an oath to him which he

took in the name of God, our Lord, and a sign of His Holy

Cross in the ?arescribed A.ianner of the law, under penalty

of which, after the religious signi ficance of the oath

had been e-xplained to 'rliiyi he Promzsed to tell the truth

insofar as he knew and -might be questioned.

Upon being informed of ^nat which has been expressed

above' he stated that the house was already burning when

he left it, despite said Brioso's attempts to put it caut'.

f rom inside with a flag soaked in water. He left his

master without any injury whas tsoeve, r behind the dQor

I,There the two cannons were' with his small sabre drawn, a

pair of pistols at hi swe.? st, his ^.usket in one hand and14

a fire-brand in the other, watching for the occasion //to

fire the cannons, again. He left don Ambroslo firing

muskets and blunderbusses through the locaDhales with all

haste. It was he who had fired the first shot. He had

said then it seemed to him he had already killed one, to

which his said master had replied that it c^.^dn't matter.

left Andres Zarrbrano apparently wounded mortally by a

bullet which had entered his side. When Zambrs.no, had

told his said master then that he wanted to confess,

his master, had re-Plied that. he was to shut up and ^asked

him, why he had not confessed before. Don Leane?re' who

at present has chills and fever, was left, sitting in a

corner with. Joseph Maria Flores.

,He said everything he has said and stated is the

truth under the oath tal^ien, vfnich he affirms and ratifies.

He said he was s:zxteen years of age gmore or less. He

did not sign because he said he did not know hew. I, said

lie,utena,nt9 signed with the above-cited witnesses as has

been stated. In witness whereof I certify:

I=larcos Ruiz

Witness r Joachin Mansolo

Witness: Joachin Ruiz

.C. lqv-l4 in E.2-?4-176^-,

-0

U'Statement made by On said day, month and

Jose Maria Flores for year, I, said lie^utena,nt,

the same purpose as s^^^oned JoseDh Maria Flores

that of the preceding before me for the purpose of

. one continuizag, tn.e investigation

with which I an dealing. Being

present before me and the att6sting witnesses, T admin-,

istered an oath to him-which he took in the name of God,

our Lord 9 and a sign of His Holy Cross in the prescribed

manner of the law, under penalt-v of which, after the

religious significance of the oath had been explained to

him, he promised to tell the truth insofar as he knew and

might be que s tioned .

After bei^?g informed of that tiyhi ch was reported in

the preceding decree, he sta^ed that at the time they

were already fearing that the fire would light the powder.

in the house of his master don Raphael Martinez Pacheco,

,the latter, had left with no injury whatsoe^:^er -through an

//opening which had been made behind the chimney for this

purpose. He was carrying his musket. in one hand and his

small sabre, unsheath.ed, and a pair of pistols at his

waist. , 17on Ambrosio got out behind him in the same

manner and through the same opening with a pair of Tpistols

at his waist and amuske t in his hand. Za-^^brano, don

Leandro and he had left at that time.

a

and the above-cited witnesses as has been stated.

witness whereof I certify:

Marcos Ruiz

JoseDh Maria Flores

Witness: Joachin Mansolo

,,.r lares said, his master had not occiapied himself

with anything except the cannons, = stand.ing, behind a

door with his musket in one hand. and a fire-brand in the

other. Don Ambrosi.o was the one who fired the musket

shot after the cannon-shot. He had said then that it

seemed to himhe had.alr. eady killed one, to -vThi ch his

?^as ter had reDlied that it didn't matter. He had tried

to put out the fire with a flag soaked in. water but had

left it as soon as he saw he couldn't. This. said Edon

Athroszo, busied himself a.lways^^^ith the loopholes on all

sides' except when he was putting out the fire. Then

Za.^ibrano was mortally jsound ed in a side, so he said, at

the first volleys shot from outside. When he felt that he

was wounded he had asked for confession, to which his

said master had told him to shut up and had ^asked him,

why he had not confessed before.

,He said, everything he has said and stated is the

truth under the oath taken, which he, affirms and ratifiesa

He said he was fourteen years of age. He signed with me

Witness: Joachin Ruiz

14- l4v in E.;2-24-1764,

Edict authqrizing,

the remittance of a

testzm,ani,n of the

state of this Proc-

ess to the :io,st Ex-

celle,nt Seor. Vi ce-

rov. of this kin,7dom

In this Royal Presidio of

San Agustin of Haunada, on the

twelfth day of the month of

October of this year of one

thousand seven hundred and sixty-

four, I, said lieutena,nt, av-

ing seen the state of this proc-

ess and since it appears con-

-ven,ie,nt to me that the I'^ost Excelle,nt Setor Viceroy of

//this kingdom should be complet,e, ly informed of its

contents so that he may distribute the measures His

Condescension should be pleased to take concern,s.n ;wh.at

has occurred in this above-said presidio, co^iand that an

authentic tes timonio of the -oroeess, be made and remitted

with the greatest brevity to His Exrcellenc, y by His

141a j esty' s courier, who has been detained here for this

purpose. Not because of this shall the process .fa:il to

be continued to its conclusion in this business in v'That-

ever manner should be reasonable.

Thus I provided, ordered and signed with the above-

cited witnesses assisting me as has been stated.

witness iPYrhereof I certify:

i=iarcos Ruiz

88

itness: Joachin Mansolo

Witness; Joachin Ruiz

;Cs 14v-15 in E.2- 24-1764

Edict providing, for

the carrying out of

the proce,eding,s

corresponding to the

apprehension of Cap-

tain don Ra.Dhael and

don Ambrosio

Whereas, it is certain

from the preceding judicial

formalities that don Ranhael

11art3nez Pacheco, seeing that

he could not put out the fire

set to the houses of his resi-

dence for the motives mentioned

above' left his residence, with

don Ambrosio Brioso through an opening which had been made

for this purpose;

Whereas' they had time to hide, for they were not seen

by the troor , which at the time had retired because of the

havoc it infallibly expected the powder within said house

to make (as thus was seen);

Whereas' it is necessary to have the aforesaid, so

that once they have been secured in a sufficient manner

they may be conveyed by judicial transit transitos de

jListicia,' under proper guard and custodyg to the captaincy

general of this kingdom, where they shall be judged for the

atrocious offences they have comitted according to that

-which is exDressed in these proceedings;

Therefore, I? said lieutenant, immediately command

that the judic,ial formalitie, s corresponding to this end

be effected so that this may be carried out. At the same

time the fugitives, shall be invoked by edicts and proc-lrv

ls.mations during the period of nine //days in conformity

with the Royal ordinance which deals with this and is

expressed in the folder of rordinances, observed in these

internal presidios of New Spain. They shall be proclaimed

every third day in the accustomed places of this above-

said presidio.

Thus I provided, ordered and signed with the above-

cited witraesses. assisting me as has been stated. In wit-

ness whereof I c6rtify:.

I.iarcos Ruiz

Witness: Joachin 1,1ansolo

Witnes s : Joachin Rui z

. ll^-15v in E.2 -24-17G4,

r,

I F'roclam,ati , on of On said day, month and year'

the first edict I, said lieutenant, certify in

the prescribed manner as many

=times, as are required as necessary by law that having

issued the edict -provided for in the preceding decree, it

was proclaimed in ^ny presence and that of zny . attesting

witnesses at about ten o'clock in the guard-room of this

above-said Presidio of Haumada, which is where such acts

are carried out.

In order to certifvT it I issued a decree which I

signed with the above-cited witnesses as has been stated.

In witness whereof I certify:

MTarcos Ruiz

Witness: Joachin Mansolo

Wztnes s : Joachin Rui z

^?^^-1^6^;

Edict r-providi.ng, for

the formation of the

troop of this presid-

io for the purpose of

putting into effect

the provis^io,ns re-

ferred to therein

On said day, month and

year, I, said lie,utena,nt,

taking into consi deration the

indispensable necessity of form-

ing in this Royal Presidio of

San Agustin of Hanmada' in the

manner which has been accustomed

since its establishment in con-.

formance with Royal ordinances, a garrison and cavalry post

and at the same time providing the Mission of Our Lady of

La Luz with its necessary care and protection in the manner

which has always been the style, command that in order for_16

the aforesaid to have the desired effect, //the sergeant

f this abovesaid rresidio put into order the troops of its

garrison. Once this has been done he shall send me without

delay the corresponding notification, so that once I have

made amemorandusn of what there was when I arrived and

what there is now, everything which has been expressed may

be carried out.

Thus I provided, ordered and signed with the above-

cited witnesses assisting me as has been stated. In wit-

ness whereof I certify:

arcos Ruiz

Witness: Joachin Mansolo

Witness: Joachin Ruiz

s C. 15v-16 in E.2- 24-1.764,

8

Formacti,on of the

troor and its dis-

tribution

On said day., month and year,

after I had been notified by the

serg,ea,nt that the order re-

ferred to in the preceding de-

cree had been carried out, T, said lie rutena, nt , went with

my attes C tin, g witnesses to the guard-room of this Royal

Presidio of San Agustin of Ha^-rqada. Finding its troop

drawn up before it, I ascertained that those who make up

its formation are the following:

Lie=utena,nt don Domingo del Rio, Serg=ea,nt Ghris-

toval de Cordova, Francisco Lozoya, Francisco Xavier

Ramos, Joseph Miguel Tremito, Candido de San Miguel, Juan

Antonio Flores, I^^fathias del Rio, Juan Joseph Gordova' Andres

del Rio in place of Manuel INiendez, Paulin de Arambula,

Joseph Manuel de Acosta, Joseph de.1ara, Pedro Gonzales,

Francisco Antonio Medrano, Clemente Gonzales, Ponzeano

exo, Miguel Leal ) Jo s eph Antonio del Toro , Carlos Granda l

Marcos Hernandez and Manuel de Villa Franca.

Having asked the above-mentioned l'r eut tena,nt about

those who were missing from the complement of thirty

individuals who at present make up the total garrison of

this above-said presidio, he replied that the eight who are

missing from the said complete number of thirty which at

present constitutes the mentioned garrison, includin3bv

lieutenant and ser ;eant , are Lucas r lores , Manuel //Flores,

Marcos Lozoya, Joseph 11Urciano Trerla.tol Francisco Antonio

Guerrero, Miguel Ramos, Joachin Benites and Manuel de la

Cruz. They are present in the following manner:

The last one was wounded by a bullet received

yesterday in a leg, discharged through one of the low

loopholes in the houses of the residence of Captain don

Raphael Martinez Pacheco. The two penultimate are guard-

ing the Mission of Our Lady of La Luz q rthough, there

should be five empleyed in this task. The remaining five

are those who at nresent are conveying to this presidio

from the presidio, of San Antonio the supply of corn, the

first four helping and guarding the mule-train, the follow-

ing one ^serving, as its muleteer.

When said lie.utena,n.t was asked again concerning the

number of troops in this mentioned presidio at my arrival

in it, vrhich' as has been stated, was on the seventh of

the current month,, he said that all of the troop, there

was composed of five including tne one who is replying.

,The troop, he had found in the pres3dio, on his return

from Bahia del Espiritu Santo, where he, had just conveyed

the cattle under his care, consisted of only one soldier

named Joseph 1,11iguel Tremito, f or though there was another

one., Juan.Joseph Cordova, he was continually occupied in

guarding the cattle.

This matter was concluded when the guard-room had

I been garrisoned with four soldiers and their corporal, the

cavalry post with four including the corresponding corporal

and three rhad been added, to make up, the complement of

five, the number there should be at the cited mission.17

In order to certify everything comprised therein //I:

signed it with the above-cited witnesses as has been stated.

In witness whereof I certify:

Mar c o s Rui. z

Domingo del Rio

Witness: Joachin Mansolo

Witness: Joachin Ruiz

16-17 in E.2- 24-1764,

Survey of powder, In said royal presidio, on

artillery and other the thirteenth day of the month of

Mun?tions of war October of this year of one thou-

sand seven hundred and sixty-four7

I, said lieutenant, judging it indispensabl.e , requisite

and necessary to survey the artillery, powder and other

munitions of war belonging to this above-said Presidio of

San Agustin of Hau-mada, conferred for this purpose with my

attes.tin,g witnesses, in the guard-room of the presidio,=

Once that which pertains to the matter had been exhibited

by my order, the results, were ascertained in the follow-

ing manner:

Two bronze cannons 9i.,o;ithout carriages, of the same

size, each more than a vara in length

Two gunner's-ladles

One zacatran®s

Seven arrobas of lead converted into shot, four of

them into small bullets,,thirty per libra'and the three

remaining arrobas, into fifty balls, of one and one-half

libras weight each.

Having asked the sergeant of this company, Christoval

Cordova, who is present, if all of the above-mentioned are

the only tthings, in this cited presidio charged to the

account of His Maj rest,y (may God protect him), he replied

that the things, which should be in the presidio, charged

I to the account of His 'Majrest,y because they were received

by and delivered to Captain don Raphael 1-fartinez Pacheco

the day he took possession of this company are the two

above-mentioned cannons, the two gunner' s-ladles , the

zacatranos, sixteen arrobas of small shot and one hundredl'7v

and sixteen //big balls of the size mentioned. 1-4hen said

sergeant was asked again about the bullets missing from

the co,l.=plement of. the number in question, he replied that

the almost twelve arrobas of small shot missing were

distributed by said captain on different occasions to the

Indians, and the remaining shot, as well as the big ba].ls,,

had been introduced into his house by order of the afore-

said, as has been seen, in order to carry out the resist-

ance he made day before yesterday. Since none of them

have been found, it is inferred they melted and. that a

chest of powder belonging to this company which, except for

that which had been divided among the Indians, he had had

placed in his house for the same purpose, had burned along

with the carriages upon which the cannons had been, mounted.

In order to certify all of the above-mentioned, I,

said lieutenant, had a decree issued which I signed with

the above-cited ..attesting witnesses as has been stated.

In witness whereof I certify:

=;lar c o s Ruiz

Christoval de Cordova.

Wa. tn es s. Joachin Man s olo

Witnes s : Joachin Ruiz

C. 17-17v in2- 24-1764,

I

Statement made, by

dco,n Juatn, Jco-

se,ph Flores for the

p,urpos, e of learn-

ing from him, if he

had encountered those

who are mentioned

therein and the dir-

ection they were

following

On said day, month and year,

inasmuch as with the arrival in

this above-said Presidio of San

Agustin of Hauns.da of don Juan

Joseph Flores and Mig.uel de:' la

Garza the rumor spread th.at. Cap-

ts.in don Ba.phael. Martinez Pacheco

and don Ambrosio Brioso are

following the road toward La1$

Bahia del //Espiritu Santo, and

inasmuch as it is necessary to

receive a statement from them concerning this matter so

that, once the above-mentioned news is verified, due measures

may be distributed promptly, I, said lieutenant, ordered

the mentioned don Juan Joseph Flores to appear before me for

the above-mentioned purpose. Being present, I administered

to him an oath vThi ch he took in the name of God, our Lord ^

and a sign of His Holy Cross in the prescribed manner of

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

truth insofar as he knew and might be a,uestioned,

e

Asked if he knows don Raphael Martinez Pacheco, former

tain of this above-said presidio, and don Ambrosio Brioso,

he replied that he has known the former ever since he entered

the Aresidio, of San Antonio de Vejar seven years ago,

more or less, and the latter ever since he entered this

,Presidio, of San Agustin of Haumada with the above-

mentioned captain.

Asked if he had news of them, what condition they

were in and what direction they were following' he replied

that he had found the ones contained in trie ques tion yes-

terday afternoon a little before evening prayer when the

witness had arrived with his companion, Miguel de la

Garza, to a place this side of Caramanchel, about twelve

leagues away from this presidio. Apparently without any

injury whatsoever, they were proceeding on foot without

supplies, although provided with powder and shot, and with18^

no clothing other than what //they had on. The . frirst was

traveling, with his musket on his shoulder and his pair of

pistols and unsheathed broadsword at his waist, the second

with a musket on his shoulder and a pair of short carbines

at his waist.

Having greeted them and alighted with the intention of

spending the night in said place, as we did, the mentioned

don Raphael began to relate that the motive for their

proceeding in this manner, continuing their march toward

La. Bahia del Espiritu Santo, proceeded from the present

governor of this Province of Texas's having sent Lieuten-

ant don Marcos Ruiz to arrest him. Not wishing to obey or

give himself up, he had seized arms in order to resist, as

he had done. At this movement, and because the Indians

had come at that time, said lieutenant had retired with

the trooD that was following him. He had locked himself

in his house with those who accompanied him, prepared with

everything that was necessary to make a vigorous resist-

ance if they should advance to the house,.

It so, happened that after five days they had set

fire to the above-mentioned house because he had not

resolved to do what said lieutenant, upon his arrival, had

ordered him to d.d,. Not being able to remain in the

house, because of the great growth of the fire, he had

left with the said don Ambrosio, after having made all of

the resistance possible, through an opening in said house,

before the fire, should reach the powder, to which it

was already very near. Without being seen, they had gone

into a bed of reeds close to the house,, where they hid19

(with their weapons //always ready) until very late at

night. Having left the reeds, at a time when everything

was silent, they had crossed to the other side of the

river and in the same instant had started on their jour-

ney. They had traveled, always walking, until rreaching,

the said place where the witness found them.

The witness said, that everything he has stated

and declared is the truth under the oath taken, which he

affirms and ratifies. After this, his statement, had been

read to him word for word in a clear and intelligible

I voicel he again affirmed and ratified it, saying that

everything contained within it is just the same as what

he has stated and declared and is the truth under the

oath he has taken. He said he was fifty years of age, a

little more or less. He signed it with me and the above-

cited witnesses as has been stated. In witness whereof I

certify:

1-larcos Ruiz

Juan Joseph Flores

1;,Titness: Joachin Marisolo

Witness: Joachin Ruiz

c ii s l7V -1j in E.

2- 24-17b4„

I

State,me,nt made,

by ^^^iguel de la

Garza concern:in,g

the same thing re-

lated in the pre-

ceding one

Immediately, I, said lieu-

tenant, summoned 'Miguel de la

Garza, a citizen of the Villa of

San Fernando whom I certify I

know, to appear before me and the

witnesses assisting me. When he

was Dresent I administered an

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

and a sign of His Holy Cross in the prescribed manner of

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

truth insofar as he knew and might be questioned.

.Upon being informed of the contents of the preceding

statement made by don Juan Joseph Flores, read to him for

this nurDcase from the first line to the "las't in a clear

and intelligible voi.ce' he replied that everything re-

lated therein is just the same as what he has seen, has

occurred and has heard Captain don Raphael Martinez Pacheco19v

say' for it //,sic, occurred in his presence at the place

mentioned in said statement, where he had arrived with

the above-mentioned don Juan Joseph Flores at the same

hour e)^.pressed therein.

,He said, that everything he has stated and declared

is the truth under the oath taken, iffiich he affirmed and

ratified. Once his statement had been read to him word

for word in a clear and intelligible voice, he again

I affirmed and ratified it, saying under penalty of the

oath taken that he had nothing to add or vrithdraw from it.

He said he was thirty-four years of age, little more or

less. He did pot sign because he said he did not know

how. Z, said lieutenant, signed it with the above-cited

witnesses as has been stated. In witness whereof I

eer tify:

Marcos Ruiz

Witnes s : Joachin 11ansolo

Witness. Joachin Ruiz

0 C. 19-19V in E.2-24-17b4,

Decree for the Dur-

pose of rauthorizing,

the pursua.t of the

captain and Brioso

for the dist,anc,e of

40 lea,gue, s and

their apprehension if

they should be found

checo and

In said Royal presidio,

said day, month and year, I,

said lieutenant, attentive to

what has resulted from the pre-

ceding inquiry and considering

it indispensable to practice the

possible judicr.ial formalitie,s

concerning the capture of Cap-

tain don Raphael Martinez pa-

nAmbrosio Brioso so that once they have been

found they may be conveyed to the captaincy general of this

kingdom under good guard and custodyy command the soldier

of this above-said Presidio of Haumada Pedro Gonzales, whom

I had appear present for this purpose, to follow the above-

mentioned persons with five companions without the least

delay for the distance of forty leagues in the direction

of La Bahia del Espiritu Santo, which is the direction, it

is known for certain they are taking. If he can find them

in this direction,, he shall return them to this said20

p I residio well I/guarded, so that they may go from there

to the destination which has been mentioned.

That which I, said lieutenant, had resolved having

been undertaken in my presence, I had a decree issued

which I signed with the above-cited attesting witnesses

as has been stated. In witness whereof I certify:

I-Alarcos Ruiz

Witness: Joachir^ Illans©lo

IJi tness: Joachin Ruiz

,C. 19v-2() in E.2 - 24-1 764,

Decree for the pur-

pose of authorizing,

the inspection and

inventorying of the

property owned by

CaDta.i,n don Raphael

In said Royal presidio, on

the fourteenth day of the month

of October of this year of one

thousand seven hundred and sixty-

four, in consideration of the

fact, that because of the condi-

tion in which this affair rests

it is indispensable to secure not only the books of ad-

ministration of this company but also all of the effects

and other commodities which should exist of that which don

Raphael Martinez Pacheco, against whom we are acting for

the reason, w?-i.ich results from the proceedings, had in

this Royal Presidio of San Agustin of Haumada as its cap-

tain for his use as well as for the equipping and main-

tenance of the p-resida.o,, and since in order for this to

take place it is necessary to make an accurate, exact

survey of all of it, I, said lieutenant, command that we

proceed to it without loss of time with the assistance of

don Lorenzo Bustamante, since he had the management of them

during the above-mentioned time. In consideration of the

fact, that with regard, to the range property he who is

responsible is necessary for its collection, I order the

sergeant of this company Christoval Cordova, whom I had

appear present for this purpose, to arrange to have the

gathering, carried out with perseverance, supplying at the

same time the measure which should seem to him the most- 20v

secure for the purpose //of crossing the remaining cattle

conveyed by T^-ie,utena,nt don Do-ma.ngca del Rio to this side

of the river. Once this has been done, he shall com.muni-

cate to me the corresponding notice so that I, said lieu-

tenant, may go in person to survey what there is.

Thus Iprovided.9 ordered and signed with my attesting

witnesses as has been stated. In witness whereof I certify:

Ma.r co s Ruiz

Witness, Joachin Mansolo

Witnes s a Joachin Ruiz

C. 20-20v in B.2- 24-1764,

Invent,o,ry of the Immediately, I, said lieu-

effects found in the tenant' in conformity with that

store or warehouse which I ordered in the preceding

of the cap,tai,n edict, went with don Lorenzo

Bustamante and my attesting wit-

nesses to the store or warehouse where are the effects and

commodities which have been mentioned. Having had it

opened, entered inside with the above-mentioned, and ascer-

tained at sight that nothing is lacking of that which was

there on the eleventh, when it was closed by my order, the

inspection was begun in the following manner:

First: two -it^ ezas of blue and crimson French shag

measuring seventy-two and one-quarter onas

Two of the same partially used empezedas,a plain

scarlet and embroidered crimson, the two together,

measuring eighty-nine varas

Three Dz'ezas.of moss-colored shalloon

Eleven varas of the said in blue, in pieces

A quarter of a -Pieza, of Mexican cloth measuring

thirty-three and one-half varas

Three half -iezas minus three varas of La Puebla

linen

Twenty-five packages of narrow Britanny cloth measur-

ing one hundred and thirty and one-fourth onas21

Twenty-five and one-third varas of antique //melendra

in two nieces

Thirty-two varas of plain blue shag

Seventeen varas of Querdtaro cloth

Twenty and one-half varas of blue shallen g I mean

moss-colored

Thirty-nine vare.s of very fine shalleen Rouen linen

Sixty and one-half varas of linen

One ^ ^eza of moss-colored se,ngalete

One ieza of Franciscanized ser^e

Two gauze Zaipi.les

Five libras twelve ounces 0

rolls

hread reb cillo on six

Three dozen metal buckles

Three and one-half dozen, of the same made of steel

Thirty-six and one-half dozen metal buttons. for coats

'Thirty-nine d.ozen, of the said for waistcoats

Tha.r+y-five navaLas de olDe

Four libras four ounces of untwisted and twisted silk

Thirty-four fourths.of h21o de salon

Six pairs of yarn hose for men

Twenty-nine rpairs, of the said made of coarse spun

silk, for women

Two dozen cotton understockings

Two pairs of women's blue hose made of Genoese silk

Twenty-four Mexican hats

Fifteen sets of Mexican buttons made.with gold and

silver thread

Three libras ten ounces of gold thread and silver

escarcha, all of it unpolished in rolls of paper

Three dozen sintas de reata

Twenty-three pairs of silk garters

Seven buttons made of silver escarcha and silk for

dragonas

Four and one-half libras of unpolished thread for the

wrists

Fourteen varas of scarlet linen

One libra of unpolished tinsel

Sixty-five crescents of pins

Four naval belduques

Six new swords- 21v//Four new tercerolas

Five Diezas minus five varas of serge

Four and one-half dozen women's cordovan shoes with

small thin heels

Two dozen of the same with imitation white stitching,

for men

Eight pairs of the same made of tanned cow-hide, for

men

A palm basket with ten libras of unpolished anise-seed

One lib.r,a of cumin-seed

I Three libras of dried ingastables, raisins

One hundred and four small and large chocolate-cups

One hundred and sixty ordinary wax candles

Forty-nine arrobas of coarse flourl rwhich has been,

spilled

Forty-eight bundles of tobacco

Ten skeins of untwisted pita

Two closed packages of tobacco

Eight half piezas of estoPilla

Four pairs of white Chinese silk hose

Eight pairs of Genoese thread understockings

Two reams four.quires of paper

Two big copper pots

Two medium saucepans of the same materiala

Seventeen copper chocolate-pots

Two boxes of soap, the two having sixteen arrobas ,of

soap, in the rough

Fifty-nine pairs of spurs

Thirty-five sets of saddle irons

Seventy bridles

Four arrobas three libras of ordinary chocolate

Thirteen and one-half libras of cacao

Four and one-half libras of cochineal in paste form,

One hundred and twenty.small skeins of Aria thread

Four libras of wicks

One libra,of twine

Thirty-five varas of crimson ribbed silk

Five almudes of salt

Twenty-six varas of changeable silk ribbon

Three sacks of pinole, each one apparently measur].n.g,

a fanega

Ten libras of glue22

Thirteen common Jesus //Ilaria rosaries

Two hundred and thirty dried out Huasteca DiZoncillos

Nine small handkerchiefs made of fine cotton

Seven of the same made of cotton and thread

Twenty-nine varas of Spanish indianilla

Two i^ ezas of number thirty ribbon '

A steelyard and its dropball which reaches the weight,

of twelve arrobas

_A Dair, of large scales traith their cross and an

eight libra weight

A pair, of small rscales, with their cross and two

weights, one of four libras and the other of two

A'pair of stirrups made, of iron open work belonging,

to the saddle used by the captain. They emerged from the

.fire damaged.

The hangings for the captain's saddle, which emerged

from the fire spoiled

Six and one-half fanegas of corn

Two arrobas five libras of sugar

And nine libras of wh,it, e wax

Since all of the above-mentioned are the only things,

found in the store or warehouse in question, and since for

the purpcises which have been explained there is no other

thing charged to the account of the stated don Raphael-

according to the affirmation made by the above-mentioned

Bustamante under an oath taken in the prescribed manner

of the law, I. said lieutenant, signed it with the abcave=

mentioned Bustamante and the above-cited attesting wit-

nesses as has been stated. In witness whereof I certify:

Mar co s Ruiz

Lorenzo de. Bustamante

Witnes s a Joachin Mansolo

Witnes s : Joachin Ruiz

,C. 20v-22 in2- 24-1']64,

I In said royal presidio, on

the fifteenth day of the month

of October of this year of one

thousand seven hundred and sixty-

four^ l, said lieutenant, in

consideration of the fact, that

the books of the administration

of this company have not ap-

peared during. the survey which has been made' and even22v

less has, that of its regimental register, //order don

Lorenzo Bustamante, as the one in charge of them, to appear

before me and state under oath where they are. Having ap-

peared for this purpose, I administered an oath to him in

my presence and that of my attesting witnesses which he

took in the name of God, our Lord, and a sign of His Holy

Cross in the prescribed manner of the law,

He stated that he had always held the book of admin-

.istration of salaries of the company of this Royal Presidio

of San Agustin de Haumada in his possession until the

seventh day of the present month, in the afternoon, when

Captain don Raphael Martinez Pacheco had asked him for it.

,Don Raphael, had put it in his house, where he was staying.

Since it did not appear on the eleventh day of the cited

tmonth, after the fire set to the above-mentioned house

had ended) the witness infers that it burned along with

Statement made, by

don Lorenzo Fusta-

m,an,te for the pur-

pose of learning

cfrom: him, about the

books expressed

therein

the regimental register of said company, which had always

been in said captain's possession.

In the same likeness, the witness judges fro^n the

fragments which were found after the fire was over that

everything in said house burned. EThese things, were all

of the clothing used by the above-mentioned ee.ptain, that

of all of his,hou.sehold, the household furniture, powder,

small and large bullets, six or seven fourths of English

M.to de. segunda of good quality urth .of Mexicanone fo

,+ato de seunda, , a package of flour, one of pinole, one

of Piloncillo, fire-arms, and various utensils, effects

and clothing belonging to different soldiers and their

women, not only of those which said captain collected

when these absented themselves from this presidio, but also23

those which the //aforesaid had had put in his house

after he had intrenched himself in it for the purpose of

the resistance he made. In addition to that which he has

mentioned, it is natural that other various trifles in the

cited house should have burned.

,He stated, under the oath taken, which he affirmed

and ratified, that everything he has said and declared is

the truth. After this, his statement, had been read to

him word for word, he again affirmed and ratified it, say-

ing that everything contained within it is just the same

as what he has said and declared. He said he was thirty-

one years of age, little more or less. He signed it with

me and the above-cited witnesses as has been stated.

witness whereof I certify:

Mar co s B.ui z

Lorenzo de Bustamante

Wi t n e s s: Jo a c hi nMan s a 1 o

Vitness: Joachin Ruiz

C. 22-23 in E.2-24-1^'^64,

0

State,me,n ,made,

by don Leandro Marti-

nez for the same pur-

pose referred to in

the preceding instru-

men.t, and the other

,purposes, expressed

therein

In said royal presidio, said

day, month and year' for the pur-

pose of learning to a greater

extent about the books expressed

in the preceding judicial for-

malities, as well as wether

there are more effects and com-

modities belonging to Captain

don Raphael Martinez Pacheco

other than those which are mentioned in the inventory con-

tained in these proceedings, I, said lieutenant, had don

Leandro Martinez Paeheco, whom I certify I know, appear be-

fore me. In my presence and that of my'attesting witnesses

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

God, our Lord, and a sign of His Holy Cross in the manner

prescribed by the law, under penalty of which he promised2Jv'

to tell the truth. 9.nsofar as he knew //and might be ques-

tioned.

Upon being informed about the books and the other

=things, which have been expressed, he said that the book

of administration of salaries of the comp.an,y of this

Royal Presidio of San Agustin of Hazazn,a, d.a had always been

in the care of don Lorenzo Bustams.nte' who recorded therein

the entries of that which the soldiers received. In the

afternoon of the seventh day of the current month,, the

S

8

above-mentioned don Raphael had asked him for it. He had

had it put in his house, where it remained, as did the

regimental register of the company, until the same instant

in which the witness left said house, which was after the

said captain and don Ambrosio Brioso had left it on the

eleventh day of the cited month, through an opening,

there for this purpose, in the chimney of the above-

mentioned house. This had been, when the fire which had

been set to it was already very close to reaching the

powder which the said captain had had placed in the cited

house along with the two cannons and a quantity of small

and large shot for the resistance he carried out the men-

tioned day. In consideration of thi,s, the witness does

not doubt the books, should have burned as did the said

captain's clothing chests, which were serving as entrench-

ments in the door facing the lagoon, his on, that of all

of his household, and about seven fourths of good quality

English Ra,to ^sic, de seunda, one of 1.1exican ato ae

segunda, a pack.age of flour, one of pinole and another of

24store to his house after he had intrenched himself in //it.

riloncillos which saidI captain had had taken from the

,Burned, in the same manner was the household furniture,

various other trifles which were there, and different

things belonging to some soldiers and their women which

said captain collected from some when they left this

0

presidio. He had Cthings, belonging to others placed in

said house after he had locked himself up in it.

When he was asked about the persons making the

resist=anc,e, he replied that the above-mentioned cap-

tain stayed at all times with the cannons, with a fire-

brand in a hand, his musket in the other, his bro.ad:sword

unsheathed and a pair of pistols at his waist. He re-

mained in this same likeness at all times until, seeing

the fire in an inextinguishable state and the fact, that

it was already about to reach the powder, he left through

that part he has explained, and behin.d him went, the

above-mentioned Brioso. The latter was the one who at

all times had occupied himself at the loopholes, going by

all of them (for they:had beera made for this purpose)

firing muskets and blunderbusses. Brioso, had said that

it had seemed to him he had killed one of those outside

with the first musket-shot fired through one of the loop-

holes, immediately after the first cannon-shot was fired

by said captain ^.rhile 3uan . de Mora was speaking to him

from outside in a loud voice. Andres Zambrano, who was

also one of those who had prepared themselves for resist-

ance, did little, for he felt himself to be mortally

wounded by a shot which had entered one of his sides,.

when the first musket was fired from outside through a

loophole after the above-mentioned cannon-shot and musket-

shot.

Asked again concerning whether or not, he had heard2 4v

//what said 14ora was saying to said captain, if the latter

had known that they would burn the house if he did not

carry out what he had been ordered to do on the seventh

day in question, and for what purpose the resistance had

been made, he replied that the witness had awfakened. at

,the time, the said Mora was speaking with the above-

mentioned captain and for this reasor? was not able to

comprehend what one was saying to the other, that as to

,the fact, that the house was to be burned the witness is

certain said captain was not ignorant of it, and that the

resistance and the other preparations made were for the

purpose of not carrying out and obeying that of which the

captain, had been notified on the day which has been men-

tioned.

Asked again why he had remained in the said house,

why he had not left it until the above-mentioned instant

and to whom the powder and shot within the house belonged,

he replied that he stayed in the house because he was sick,

had left there as best he could in order not to be burned

at the above-mentioned time and that he does not know

exactly to whom the powder and shot belongs, but does know'

because of having seen it, that it was in this presidio

when he arrived there.

S Asked if he bears in mind the day on which I, said

lie,utena,nt' spoke with the above-mentioned captain, the

latter being on the inside and I on the outside, and if

he heard the proposals I was making to him, the witness

replied that the day referred to by the question was the

day before fire was set to the above-mentioned house,25

between about ten and twelve o'clock. //As to what I,

said lieutenant, being on the outside, where he also saw

the cited Mora and Granda, said to the mentioned captain

and what the latter replied, he said.tha^t since he had

been somewhat distant on that occasion he was not able to

hear or understand what they had been saying.

,He stated, under the oath taken, which he affirms

and ratifies that everything he has said and declared is

the truth. After this, his statement, had been read to him

word for word' he again affirmed and ratified it, saying

tllat everything comprised therein is just the same as what

he has said and declared. He added that when he had left

it there had been in said house in addition to what he has

declared, along with other trifles, an ornament, a chalice,

a paten, and cruets of silver belonging to the Mission of

Our Lady of La Daz, usually left there after mass had been

celebrated, and9 rbelonga.ng, to the church of this presidiol

its -oatron saint, San Agustin. The house and the store

were the only Places, where the things belonging to the

8 said cantain would be. The corn in the granary was his,.

He said he was twenty years -of age and that even

though he is the said captain's brother, not because, of

this has he fallen short of the reli;ion of his :oath. He

signed it with me and the above-cited witnesses assisting

me, with whom I act as recertoria for lack of a notary

public and on this comrnon paper for lack of any other in

this Province of Texas. In witness whereof I certify:

1,11arcos Ruiz

Leandro Martinez Pacheco

Iditness : Joachin alansolo

^^^itness: Joachin Ruiz

23-2 j in E.2-24-17b4,

Procla mc ati, on of In said royal presidio, said

the s ec ro, nd edict day, month and year, 9in consider-

ation of the f act, that three25v

days have passed //since the first edict was proclaimed

and CaDtain don RaDhael Martinez Pacheco has not appeared

during them, and even less has, don LmbrQsio Brioso,

,alt:n.ough, because of the outcome of, the proceedings

against them they z.,rere called, cited and su^^oned by it,

1 j said lieutenant, went with my attesting, witnesses to the

guard-room of this above-said Presidio of San Agustin of

Hau.mada, where, in my presence, the second edict, was

proclaimed in a loud voice for the same purpose and effect

as the first. Having affixed it in the customary place,

I, said lieutenant, issued a decree which I signed with

the above-cited witnesses as has been stated. In ^ia.tness

-whereof I certify:

Marcos Ruiz

Witnes s F Joachin 1-kansolo

Witness: Joachin Ruiz

C. G5- 2_'5v in E.2"24®1764,

Edict providing, In said Royal Presidio of

that all of the in- San Agustin of Haum,a,dag on

divid,ual,s in this the sixteenth day of the month

company give a f ormal of October of the year of one

account of what they thousand seven hundred and sixty-

may have received four, in consideration of the

during the t.ime the fact, that from the outcome of

captain was i n charge these proceedings it is certain

of it ths. t" the ,account, book for the

time during which Captain don

Raphael ^rTartinez Pacheco administered ihe salaries,of the

officers and soldiers of the company of this above-said

rresld:i o-.,!as burned' and since it seems reisuisi'111-e . and

necessar yto be certain ^hatt ^e ee^ta^R what was d.is tr? b-

uted to them; I, said lieutenant, command the above-

mentioned to appear before me and my attesting witnesses

for this purpose, and give, in the presence of don Lorenzo

Bustamante 9who drew up and had the said book in his care,

each one for.himself' according to his own conscience, a

detailed account of what he may have received. A record

shall be made in a notebook in the same likeness with

that which they should cite so that when it has b.een seen,

once it has been done, we may provide in its consequence_26

//that which should seem the most advantageous.

Thus I Drovid ed , o rd er, ed and signed with the said

I Bustamante and the above-cited witnesses as has been stated.

In witness whereof I certify:

Marcos Ruiz

Lorenzo de Bustam-ante

Witnes s : Joachin ^^ansQlo

Witness: Joachin Ruiz

,C. 25v-26 in B.2-24- i764,

.e ^I e;F^

I

0

the decree placed

into execution con-

cerning pursuit

the captain

lieutenant, had a decree issued, which I signed with the

above-cited witnes,se,s assisting me as has been stated.

In witness whereof I certify:

tonio de Vejar.

In order to certify the above-mentioned, I, sai

On said day, month and year,

I, said lieutenant, received, the

soldier Pedro Gonzales, who has

been mentioned .above, when he

arrived in my presence at about

five in the afternoon. He re-

ported that, having followed, as he had been ordered, Cap-

tain don Raphael. Martinez Pacheco and don Ambrosio Brioso

for the distance of forty leagues with those. who accompanied

him for t^:.i s purpose, he had returned at the end of them

because he had not found them within that distance,. He

had learned in San Ysidro from those with the mule-train

conveying the corn to this presidio.tb.at the mentioned

were going directly to La Bahia c^e El Espiritu Santo' from

where g in order to continue to their destination, they were

going to the .4.a.ssion of San Joseph, jurisdiction of San An-

jeaelAm

arcos Ruiz

?^^^itnes s : Joachin TPbansolo

Witnes s : Joachin Ruiz

,C, 26 in E.2- 24-1764,

Edict fo the pur

pose of authorizing,

the issuance of the

corres rpondi, ng war-

rant for the purpose

of having those ex-

pressed therein ap-

prehended and secured

by virtue of it

In said royal presidio, on

the seventeenth day of the above-

mentioned month and year, I,

said lieutenant, in view of the

contents of the preceding de-

cree, and inasmuch as it seems

to me necessary to dispatch to

the Royal Presidio of S,a,n An.-

tonio de Vejar the corresponding

circular warrant so that in vir-26v

tue of it Captain don Raphael Martines //Pacheco and don

Ambrosio Brioso may be apprehended and conveyed to the cap-

taincy general of this kingdom, order the instrti?ment,

cited for this purpose to be framed in the following manner:

Warrant Don Marcos Ruiz, lieutenant, by His

Majesty (may God protect him) a of the

Royal Presidio of Our Lady of Pilar of Los Adaes and act-

ing commander-9 by provision of this Government of Texas,

of this Presidio, of San Agustin of Haumada:

I make known to Y,our, H,ono,r, don Luis de Minchaca,

captain of the Royal Presidio of San An'te?nio de Vejara

and to the oth.er seflores ;udges and justices who should

see the present rinstrur:ent,9 that Lieutenant Colonel don

Angel de }Plarthos y Navarrete, governor and captain general

of this Province of Texas, New Philippines, its presidios,

conversions and fronfierss taking into consideration the

total ruin with which this above-said Presidio of Haumada

has been indubitably threatened by means of, the fatal

occurences caused in it by the extraordinary conduct of

don Raphael 11artinez Pacheco, found it convenient to the

royal service, in view of the merits resulting from the

process and before the remedy should become completely

difficult, to take, aMonR other measures which appeared

opportune, that of removing and suspendi ng, on the twelfth

of the past month, the stated don Raphael from the office

of captain which he exercised in the above-said presidio

until such time as the kAro ,st Excelle, nt Setor Viceroy of

this kingdom, having been informed of everything, should be

pleased in his condescension to decide what should be most

to his liking concerning this matter.

With the necessary authority, I conferred with don

Raphael, on the seventh of the current, month for the pur-

pose of carrying out the above-mentioned decision, rbut

the decision, was not //able to have its desired effect at

that time, for don Raphael, instead of obeying it, as soon

as he had been notified of it by me ? suddenly picked up

his weapons and caught up, for the purpose of firing at

me' the musket with fixed bayonet 'which he had had in his

hands. He called these heathen Indians to his aid and

and provided them with swor ds s.muskets , powder and shot

in order to resist the order,. "u',Fi.th this unexpected

movement, and because some of his household placed them-

selves in arms on his side, I found it convenient to re-

tire and went on to make a halt a short distance ,away,.

Seeing during the period of five days that the

different decrees which were continously issued, along

with the one providing for, his remaining to administer

the troop, bore no fruit whatsoever for the purpose of

.havinb, the named don Raphael acknowledge his offences

and carry out that which he had been ordered, I finally

determined, with prior counsel and in spite of how well

S

intrenched he was in his house in order to make ev^id. nt

the vigorous resistance he had planned, to have fire set

to the cited house, if he did not first surrender, with

the intention of putting it out as soon as those who were

prepared to carry out the resistance,, the above-said

don Raphael, don Ambrosio Brioso and Andres Zambrano,

should.. be caught by this means. However, when he un-

gratefully replied to this pious exhortation with his

battery, wzth the loss of one soldier who fell dead in

this action, the outside battery, made itself understood

with the firmness demanded. by such an action.

We ceased for a little at the first fatal echoes

I heard from one of those inside to see if during this

interval the remaining ones, who were the cited don2w

//RaDhael and Brioso, were giving up their stubborn

obduracy, but, these continued their resistance with

so much tenacity that it was necessary to take recourse

in carrying out the above-mentioned fire. With the

diversion created by the troop at the time it feared the

havoc which the powder in the above-said house was to

cause, leaving through an opening which had been prepared

for this purpose, they were able to place themselves in

safety without being seen, protected by reeds, and follow,

as they now are f ollowing , in the direction of that district.

All rthis, is minutely contained, with everything else

which has occured, in the proceedings to which I refer.

Inasmuch as we agree, because of what has been stated,

that the above-mentioned, against ^:rhom we are proceeding,

should be caught so that they may be conveyed in a suffi-

ciently secure manner through judicial transit to the cap-

taincy general of this kingdom to be judged for the atro-

cious crimes they have committedl to Your, H^-onor, the

said don Luis Minchaca9 and to the other setores judges

and justices of the King, our Lord, (may God protect him),

in behalf of His Majesty I exhort and request' and in my

own behalf I entreat and beg that as soon as you should

see the present circular warrant you be pleased to have it

11 6

I given the punctual fulfillment it demands in the manner

^^7hich has been ordered, just as I always offer to do the

same vhenever I should see Your Honors' warrants,.

Done in this above-said Royal Presidio of San Agustin

of Hau.m` aa on the seventeenth day of the month of October

of this present year of one thousand seven hundred and

sixty-four. I signed it with my attesting witnesses, with

whom I act as a receptoria for lack of a notary public, on

this common paper for lack of any other. In witness whereof

I certify:

Marcos Ruiz

Witness: Joachin 214ansolo

Witness: Joachin Ruiz

28Thus I//provided? ordered and signed with the above-

cited attest:ina witnesses as has been stated, In witness

whereof I certify:

Marcos Ruiz

Witness: Joachin Mansralo

Witness: Joachin Ruiz

26-28 in E.2-24-1764,

I In said royal presidio, said

day, month and year, inasmuch as

the mule-train conveying the

corn for the maintenance of this

troop, charged to the account of

Captain don Raphael Martinez Pa-

checo, has arrived in the presidio,, I, said lieutenant,

Ddict authorizing,

the locking up of the

corn conveyed by the

rnule-train until it

has been inspected

command that once it has been unloaded g said commodity be

locked up in the granary existing in said presidio for this

purpose so that tomorrow we may proceed to survey the

quantity it contains. The mule-train, its gear and the

other property there may be belonging to the mentioned don

Raphael shall be inventoried successively.

Thus I provided, ordered and signed with the above-

cited witnesses as has been stated. In witness whereof I

certify:

Marcos Ruiz

Witnes s ® Joachin T-lansolo

Witness: Joachin Ruiz

CC• 28 in E.2- 24- l7b4,

S Survey of corn,

anticipated in the

preceding decree

In said, royal presidio, on

the eighteenth day of the above-

mentioned month and year, I, said

lieutenant, having gone with my

attesting witnesses to the granary which exists in this

a; ove-said Presid.io of Haumada, and haVing had measured all

of the corn locked up therein yesterday by my order, which

is all of the corn, which arrived in the said mule-train,

ascertained that all of it made up the quantity of fifty-

two ane as and six almudes.

In order to certify it I issued a decree which I signed

with don Lorenzo Bustamante and the above-cited witnesses

as has been stated, . In witness whereof I certify:

28v//Ivi'arcos Ruiz

Lorenzo de Bustamante

Witness: Jo achin =11an solo

Witness: Soachin Ruiz

28-28v in E.2-24-1764,

Procl.a!tati,en of In said royal presidio, said

the third edict ds,y} -month and year? inasmuch as

at this time, about eleven o'clecki

three days, have passed since the ??ublicatien of the sec-

ond edict l and neither Captain don Raphael Martinez Pache-

co nor don Ain.brQsio, who vere cited, called and summoned

by it, have appeared in the guard-room of this above-said

Presidio of Haumada, I, said lieutenant, order that the

ird and final be Pr©claimed in the manner prepared by

law. Having gone for this purpose to the said guard-room

with my attesting witnesses, it was proclaimed there in my

presence in the manner which had been prepared. Having

affixed it to the accustomed place' I, said lieutenant, in

order to certify it al1.? had a decree issued, which I signed

with the above-cited witnesses as has been stated. In wit-

ness u^herecf I certify:

Plarcos Ruiz

Witnes s : Joachin TManselca

Witness: Joachin ,Ruiz

.C. 28v in E.2- 24- 17b4,

Inventory of mule-

tra?n7 its gear and

other property

On said day 9 month and year ^

after all of the mule-train used

by Captain don Raphael Martinez

Pacheco for conveying the supplies

for this troop had entered the plaza of this above-said

Presidio of Haumada, and its gear and other existing effects

had been surveyed, I, said lieutenant, C found that, all of

it preved to be the followings

Fifty-one mi.zles

One dam

Thirty-four repa:t.red. harnesses

enty loads of guangeche sacks, including some

leather ones

Twenty-eight rope headstalls

Thirty-three re.l;- 29f /^'hirty lariats

Five ' r^a mantles

ighteen au.angeche mantles,

One used copper pot

One axe

One small barrel for water

Two Dlowshares

Two boxes of mechoacan

One used coat, a uniform for an Indian

One medium-sized used copper saucepan

One small used copper pot

One of the same Gmade, of cast-iron

One metate with its much useca. pestle

One brass mortar with its pestle

Twelve used muskets

Three used swords

A female slave named Andrea of forty years of

age, little more or less

11 boy slave named Joseph, of eight or nine years

of age who is said to be the son of the above-mentioned

female slave

order to certify all of it, I, said lieutenan

issued a decree i1rhich 3signed. with don Lorenzo Bustamante,

who was present for the inspection, 9 and the above-_cited

witnesses assisting me as has been stated. In witness

^.,rhereof I certifya

Marcos Ruiz

Lorenzo de Bustamante

Witness: Joacr3.in 11ansolo

Witnes s : Joachin Ruiz

28v-29 in E.2- 24- l /^64,

I

:-feasure taken for

the purpose of sup-

plying the troop

with what is re-

quisite and neces-

r sar y f rom v-hat has

been embargoed, to

be don.e, by don

Lorenzo bustamcan, te

In said royal Presidio, on

the nineteenth day of the above-

mentioned month and year,

said lieutenant, in consideration

of the indispensable necessity

of having the troop of this

above-said Presidio of San Agustin

of Haumada supplied with pro-

visions and attended to at its

proper times with everything

that each of its L^adliri^.uals should indispensably need for

the royal service, command that until the Mo,,st Excelle, nt

Seior Viceroy of this kingdom should decide something else

concerning the matter., the troop, shall be administered in29v

the above-mentioned manner with everything //that should

be necessary from. that which has been inventoried or will

be :inventoried , for I declare an embargo on, everything as

of today. A minute'andividual account and record of all

shall be carried so that it ma^r be given in due time in

whatever manner should be determined to the one who legit-

imately should take it.

In consideration of the fact, that it is necessary

that the person, who should be in charge of this adminis-

tration should be of intelligence, satisfaction and re-

liability, and since these qualities come together in the

mentioned don Lorenzo de Bus t-a.mante l according to what

has been experienced of his conduct9 I choose and appoint

him adminstrator of this company for the above-mentioned

period, so that during this period, he may carry this

administre.tion, out under the influence, of the above-

mentioned qualities. In consideration of this I order

the named Bustamante to accept this appointment,

Taking charge of the raroperty' of which the corres-

ponding invoice shall be given to him along with the

testi monio of this my decree, he shall carry out the ad-

ministration of the propErty, in the terms which have

been arranged. For this work the respective sum, of

five hundred pesos per year? the expenses he should incur

in the maintenance and decency of his person inclusive'

shall be designated to him from this day instant, to be

punctually satisfied in stamped coin of t-h:is realm by a

current draft by the person in whose favor should be

decided the right to said property.

. Thus TDrovided , ordered and signed with the above-

cited witnesses assisting me as has been stated. In wit-

ness whereof I certify:

3011arcos //Ruiz

Witn6ss. Joachin 1:=1ansolo

Witness: Joachin Ruiz.

29-30 in E.2-21S--17643

Acceptance by Busta-

m,an, te of the office

referred to in the

ureceding decree

me.

Immediately, I, said lieu-

tenant, by virtue of that ordere

by me in the preceding decree,

had the above-mentioned don Lor-

enzo de Bustamante appear before

Once I had notified him of its contents, he said that

despite the fact, that the. salary designated for him does

not corresnro,nd to colaipensation for his work because it

is the custom in these parts to designate the salary, of

five hundred pesos per year excluding the expenses referred

to by the preceding decree, he accepts the appointment

which has been made of his person for the management of

this company of San Agustin_ of Hatzmada. In consequ,enc,e,

he said he was ready to take charge of it, as he does take

charge from today eonward, , in the manner which has been

explained, on the condition that the effects which he

should find it necessary to take from that which should

be in his care for his own, maintenance and decency should

be at cost. I, said lieutenant, agreed to this clause.

The above-mentioned Bustamante, considering himself,

as he does consider himself, to his satisfaction the

recipient and possessor of everything contained by the

invoice delivered to him for this end and purpose, signed

=this, with me and the above-cited witnesses assisting me

as has been stated. In witness whereof I certify:

Mar co sRuli z

Lorenzo de Bn.sts,..mante

Witness: Joachin Mansolo

Witne s s a Joachin Ruiz

C. 30 in E.2- 24-1764,

^

Fresenta,ti,on made, In the said Royal Presidio

by those specified of San Agustin of Katinada, on

therein asking for the twentieth day of the above-

satisfaction for what mentioned month and year, there

is owed them appeared before me, said lieu-

tenant, and the witnesses

assisting me, present in their own persons, Gazpar 1'remino 7

Manuel Altamirano, Juan Domingo and Mariano de los Dolores.

They said Captain don Raphael i=Tartinez Pacheco is

their debtor for fifty-one pesos swhich are to be paid in

goods, at regulation prices? for as much as is due them,

the first for the thirty-one days he has spent in convey-

ing the cattle which has just arrived in this presidio

from the Fresidzo, of La Bahia del Espiritu Santo, and

the other three for time, with the mule-train which. has

conveyed the corn. Having verbally proved the immutability

of the debt, each one for himself, with don Lorenzo Bus-

tamante, Lieutenant don Domingo del.Rio and Corporal Lucas

Flores, I, said lieutenant, ordered that the above-

mentioned creditors be satisfied with the quantity of the

said fa:fty-one pesos they have demanded from the property

in the care of the above-mentioned Bustamante.

Having received them in, my presence, I, said lieu-

tenant, issue a decree which I signed with the above-

mentioned lieutenant and Bustamante, who were present for

I all of this, and the above-cited witnesses as has been

stated. In witness whereof I certify: -- testate --

received -- received -- not va,lid,

Mar co s Ruiz

Bustarnran,te

Domingo del Rio31

Witne s s s Jaaeh.in //Mansolo

Witness: Joachin Ruiz

30v-31 in E.2-24-17b4;

Home where the

slaves referred to

^n this decree are

to be lodged

On said day, month and year,

attentive to the fact that, there

is no rplace, in this above-said

Presidio of Hauma6a where the two

slaves stated in these proceedings,

And.rea and her son, can be put to serve, and even less

,is there, anyone to take care of them' I, said lieuten-

ant, have determined for these reasons and so they shall

not live cornpletely abandoned, to add them to the house-

hold of Joseph Miguel Tremito, so that they may live there

until we should determine -trhat -viould be convenient con-

cerning them as well as everything else which has been

inventoried.

Having carried this out thus, I, said lieutenant,

issued a decree which I signed with the above-cited attest-

ing witnesses as has been stated. In witness whereof I

certify:

Plar co s Ruiz

Witness: Joachin, Mansolo

Witnesss Joachin Rui2

,C. 31 in E.2- 24- 1'764,

Inventory of the

country property

surveyed, belonging

to Captari, n don

Raphael

In said Royal Presidio of

San Agustin of Ha=ada, on the

twenty-first day of the above-

mentioned month and.yearl Chris-

toval de Cordova, sergeant of

this com.pany, appeared present

before me9 said lie.utenant9 and the witnesses assisting

me, in his otitm person.

He said that having placed into execution the order

which had been given him on the foiarteenth day of the

present month, concerning the gathering of the herds

belonging to Captain don Raphael 11arti nez Pacheco with

the perseverence which had been required as necessarys

,he had fou.nd, the following to be extant:

31v2wenty-//twQ company horses caballos de partida,

Four saddle horses belonging to the above-mentioned

captain

Three said saddle horses belonging to the above-

mentioned captain taken by the sergeant l Joachin del

Rio and Francisco Ramos when they left.

Two hundred and fifty-five head of cattle, including

seven oxen, which have turned up out of all the cattle

which has come from the Mission of El Espiritu Santo and

is now on this side of the river, among which are not

included sixty-nine which have been acknowledged as dead

I and dro^rned and eleven which have been distributed to the

Orcoq,Uizas Indians in the accustomed manner.

IWith regard to the cattle which should be in this

presidio of that which was here before the. arrival of

the above-mentioned, it was not possible to issue a formal

writ concerning its inspection because it was no longer

the rroper time. However, from the account given by the

one who is in charge of the herd, Cordova, infers there

are from fifty to sixty animeal,s ^piezas, in all. He

added that according to the report of those who manage

the mule-train there are two lost mules in San Antonio de

Vejar belonging to the mentioned captain.

In order to certify all of it I issued a decree which

I signed with the said sergeant, d,o,n Lorenzo de Busta-

mante, who was present during -all: of. it , and the above-

cited witnesses as has been stated. In witness whereof I

certify:

Me.rcos Ruiz

Christoval de Cordova

13ustamante

Witness: Joachin Mansolo32

Witnes s 4 Joachin //Rui z

31-32 in, E.

I Presentacti, oZ: cT43ade2

by those expressed

therein requesting

what if referred to

therein

On said day, month and

year, before me, said lieuten-

ant, and the witnesses assist-,

ing me appeared present in

their own persons Manuel de ls.

Cruz, Ponzeano Trexo, Joseph

Miguel Trer^aito' Francisco Antonio Medrano, Paulin de

Arambula, Joserh Antanio del Toro' Francisco Barnes for his

father 114igue1. Pamos' Marcos Hernandes and Joachin Benites.

They said that at his entrance into this presidio,

when he took possession of it, C ap'tain don Raphael Martinez

Pacheco had taken away the muskets they had had with the

pretext of their being unserviceable, the object of his

idea being another, in reality. Furnishing them with

others from those he had brought among his equipment, he

charged them to the account of the administration of their

salaries. ^Since Pach.eco, kept the former ones, they

requested that either these be returned to them or those

deducted from their account.

Once the claimants had verbally proved their suit in

a sufficient manner to Lieutenant don Domingo del Rio,

Sergeant Christoval de Cordova and don Lorenzo de Busta-

mante, ls said lieutenant, ordered done what the claimants

requested.

In order to certify it I signed it with the above-

S nentioned and the above-cited witnesses as has been stated.

.In witness whereof I certify:

M'arcos Ruiz

Rus tams:nte

Domingo del Rio32v

Christoval //de Cordova

Wi tnes s : Joachin Viansolo

Witness: Joachin Ruiz

,C. 32-32v, in. E.

f

Provis,io,n for keep-

ing the drove of horses

at the post and the

cattle in the care of

the soldier Juan,

Jose Cordova

In said Floyal Presidio of

San Agustin of Haumada, on the

twenty-second day of the

above-mentioned month and year,

I, said lieutenant, in view

the inventory which was

ma.de. yesterday and on the

eighteenth of the present month, of the mule herd, drove

of h.orses and herd of cattle which graze in this district

on the account and risk of Captain don RaDhael Martinez

Pacheco, conmiand that said mule herd and drove of horses

continue in the place where the one belonging to this

above-said presidio is maintained.

With regard to the fact that, there is not one citi-

zen in this presadio, to whom the proper custody and care.

over the above-mentioned cattle can be trusted, and since

this commodity is of such necessity for the preservation

of this trvop, for without it it cannot subsist, I command

that until some other provision should be furnished while

the Mo = st Excelle, nt Setor viceroy of this kingdom should

d.eteTmine what should be his pleasure concerning all of

this, the provision, of having the soldier Juan Joseph

Cordova placed in charge of the cattle, be indispensably

observed. For this purpose, CCordova, shall request the

one who should meet with his satisfaction so that the

latter may. help him. It shall be well understood that he

is to keep a formal, written account of the head of cattle

he should distribute to this troop as well as to the

Indians, so that he may give it at the proper time to the33

one who should ask.for it. //Thus it was made known to

him, for his understanding, when he was presen.t.

In order : to .certify it I issued a decree which I signed

^vith the above-menta.oned Cordova and the above-cited wit-

nesses assisting me as has been stated. In witness whereof

I certify:

Marcos Ruiz

Juan Joseph Cordova

W3 tne s s: Joachin Mansolo

Witness® Joachin Ruiz

32v-33 in E.2- 24-1 764,

I

Writ providing, for

setting a price to

the items received

by the soldiers on

account

In said royal presid3o, said

day, month and year, having this

day concluded in the manner evi-

denced by it, to Ear.ich I refer,

the note-book I ordered made,

because the administration book

of this company was burned, for the i)urpose of noting

therein in detail what each individual of the company,

may have received, according to his conscience, from the

thirteenth day of May of this pres,e,nt year? on which Cap-

tain don Raphs.el Martinez Pacheco first took charge of it,

until the eleventh of the present month inclusive, I.,

said lieutenant, cormrnand that before we proceed to an

examination and insrection of it don Lorenzo de Bustamante

place before each item of all of those which make up said

note-book its corresponding price, guided by the prices,

comprised in the above-m.entioned. book. which was in his care.

Thus Iprovided' ordered and signed with the above-

cited witnesses assisting.me as has been stated. In wit-

ness whereof I certify:

33v//Marcos Ruiz

Witness: Joachin 114ansolo

Witness: Joachin Ruiz

• 33-33v in E.2-24-1704,

I

instead of obeying that of which he was notified in their

presence on the seventh day of the present month aiming at

his giving up the corrLmand of said: presidio until the Pdlo ',st

Excelle,nt Setor Viceroy of this kingdom should decide

something else concerning the matter and his leaving a

person of his satisfacGion in charge of the administration

of this co:apany du-rarzg the assigned p,eri,od, not only

opposed the order, with arms and called to his defense his

household and the heathen Indians of the Orcoquiza Nation,34

whom he provided with //swords, muskets, powder and shot

for this purpose, but also intrenched himself in his house

f this above-said presidio, whom I certify I know.

They stated that Captain don Raphael Martinez Pacheco,

in said royal presidio s

said day9 month and year, before

me, said lieutenant, and the

witnesses assisting me, appeared

present in their own persons

Cristoval Cordova9 Franr-cis,co

Lozoya, Francisco Medrano, 1-1anuel de Villa Franca, Joseph

de Lara, 1-41athias del Rio, Ponzeano Trexo, PIarcos Lozoia?

Francisco Guerrero, Juan Joseph Cordove.? Joachin Benites,

Juan Antonio Flores, Paulin d eArambula , Marcos Hernandes,

Joseph Manuel de Acosta, Candido de San Miguel, Clemente

Gonzales and Joseph Antonio del Toro, sergeant and soldiers

Presenta,ti,on made,

by di:ffe.r, ent sol-

diers requesting that

which is e,-,Dressed

therein

I

with several preparations for the unjust resistance which

he rendered evident on the eleventh day of the cited month

in order to come out ahead with his whim. In this interval

he introduced into his house, several things, i.lih.:ich for

this purpose he had taken from their lodgings, belonging

to their necessary equipment and in the service and use of

their families, all of them comprised in the memorandum

which they presented for this purpose. As is public and

weli-knourn, these have perished in the fire which, because

of the above-mentioned offences, we agreed to carry out

on the above-mentioned eleventh day in the mentioned house

occupied by said captain. In consideration of the fact,

that if the latter had obeyed that which, as has been

sta}ed , was intimated to him, the above-mentioned fire

would not have come to pass and conseq,uent,ly, each of

them would possess what legitirnatee,ly was his, they asked

that they be compensated for what they have expressed from

the property which has been embargoed or their value be

deducted from that which was distributed to each of them

by the said captain during the t,i,me this company was in

his care.

They req,uest, also compensation for the effects,

which some of the aforesaid left when, compelled by the

extortions they were experiencing in said presidio, they34v

placed themselves //in motion in order to make use of the

regular appeals which provoked the remedy considered

requisite and necessary for the Permanence of this

presidio and its mission. These effects would not have

been endangered in any way if they had been delivered to

them unon, their return, which is what should have been

done had not the above-mentioned cartain been preoccupied

with the passions which were dominating him, especially

since it should be presumed that they were gathered for

this purpose , granting that his intention was to wait for

the mentioned plaintiffs rpresentantes, (as may be inferred

from his Dres=e,nt passport issued in this above-said

presidio to Corporal Lucas Flores on the twenty-first of

Au,gu, st of this present. year ), The distribution of the

corn, meat, soap and other trifles which were sold by his

order to their E;romen during their absence alluded to this

also. To return by the means by w1hich they did return

or by those indicated in the mentioned passport is im-

material to the delivery of the property wn.ich has been

mentioned. They added that since the cited plaintiffs had

given compensation for the horses they took for their

trip, there was no reason to reject what they had demanded.

Having accepted them, as I did, as having been ad-

mitted and presented, I,-said lieutenant, ordered that35

the above-mentioned //passport be added to these proceed-

ings and, following the note-boo^k which has been rnentioned ?

the above-mentioned memflrandum. The items which make

up the latter,. shall be adjusted to their just prices

so that in view of everything I may provide what in

justice should seem most proper.

Thus I provided, ordered and signed with the wit-

nesses assisting me as has been stated. In witness

whereof I certify:

^VI'areos Ruiz

Witness: Nicolas de Villa Fuerte

,jitness: Joachin Ruiz

.C. 33v-35 in E.2-24-17b4,

Edict for the 'our-

-pose of learni ng

exactly what was

distributed to the

Indians per week by

CaDt tai, n don Rapha-

el, and if these

came to pray

In said Royal Presidio of

San Agustin of Hau^ada lon the

twenty-third day of the above-

mentioned year:

ereas' since from the

thirteenth day inclusive of the

rresent month two beeves and one

aneaa of corn have been distrib-

uted each week to the Orcoquizas

Nation, situated (living in their accustomed settlemen ts )

between the 1117ission of Our Lady of La Luz (where they

should congregate) and this above-said presidio7 v^There

they always live when they come back from hunting bear,

which is generally around April or May, and half a far.ega

of corn, and one beef to the Atacapa, their comDatriots

and allies who have come near to them for the purpose of

seeing them;

And vfhereas, it is suitable to know exactly the

amount of one and the other coram-odity distributed during

the time don Raphael Martinez Pacheco was in charge of

this. company, as well as whether, during the same time,'. _ 3 5v,//they . came to the church in the afternoons to pray9 so

that once I have been advised of everything I may provide

what should appear most conven=ie,nt concerning this

ter;

QJ

rTherefore, , I' said lieutenants order that the

corresD,on.d,ing judicial formalities be carried out for

this purpose with the persons who might have full know-

ledge of the mat'cer,.

Thus 1 -rovided ordered and signed with the wi t

nesses assisting me as has been stated. In witness

whereof I certify:

^arcos Puiz

Wi i ness s Nicolas de Villa Fuerte

Witness: Joach-in Ruiz

C. 35-35v in E.e_- 24-1764,

Swatempnt cmaGle, by

Lie £utena, nt don Do-

m,ing,o del Rio for

the purpose expressed

in the preceding

decree

before me.

In said presidio, said ds.y'

month and year, I, said lieuten-

ant, in order to accomDlish what

is mentioned in the preceding

decree, had the lae,utena,nt of

this company don Domingo del

Rio, whom I certify I know, appear

rresence and that of my attesting wit-

nesses I administered an oath to him i-.rhicr he took in the

name of God, our Lord., and a sign of His Holy Cross in

the prescribed manner of the law, under penalty of which

he promised to tell the truth insofar as he knew an^.

might be questioned.

Upon being informed of the contents of the above-

mentioned decree, he replied that ever since Captain don

Ra-^ha el 1-4artinez Pacheco had taken possession of this

Presidio of San Agustin of Haumada9 two beeves per weel^

had been distri'cuted' on his account, to the community of

the Orcoquiza Nation. By his order, a small amount of

corn or pinole measuring half a chacual, or sometime ra

wb.ole, one, was given to any individual of that nation,

when he asked for it.

Said captain did all of this with the purpose of

holding the^.^ in his devotion and so they would pray, but

since all if it was not sufficient for what said Indians

_3b//needed for their sustenance' and since, on the other

hand, the corresponding measures were omittedj nothing

concerning this matter had been advanced with them. They

did what they wa_nted to? took to the -voods when they took a

notion to, and had not come to pray except during one

period, which was when the seior governor of the Brov,inc,e

of iexa:s and the reverand Father president of its missions

were here in this presidio.

It is a-pity that with some Indians as docile as are

these and the Atacapaz those mes.sures which are indispen-

sably required as necessary for obtaining an end of such

imnorts.nce as the conversion of these infidels should

not be carried out. Because of the great experience with

them which assists the witness? he can state that these

mes.sures, would consist of nothing other than the election

of a captain of experienee, zeal, conduct and prudence

and the disbursement of as much as they should need for

their clothing and maintenance for two years. By making

them work during this t,i,me in that proportion dictated

by prudence, without their lacking the necessary tools for

it,. we shall obtain, by this means, their becoming

accustomed to it and their becoming established and settled..

If this is not done, whatever our effort should contrive

in another manner concerning the particular will no doubt36v

be useless' for nothing will be gained other than //the

experience which has been mentioned above and the

sentim,e,nt of painful repugnance toward being baptized

in articulo mortis = as has just happened gfor when the

Reveree,nd Father Preacher ^`ra Luis Salvino went to the

house where there was a dying infant and wished to bap-

tize it, he was thrown out of .the house,9 and even though

he. finally succeeded in the purpose of his visit, it was

by force of the continuous persuasive entreaties he made

for it.

,He stated,, under the oath taken, which he affirms

and ratifies' that everything he has said and.deelared is

the truth. After this, his state:nent , had been read t

him word for word, he again affirmed and ratified it,

saying that everything contained therein is just the same

. as what he has said and declared ? concerning. which he has

nothing to add or withdraw. He said he was fifty-three

years of age, littlemore or less. He signed it with me

and the above-cited witnesses as has been stated, In wit-

ness whereof I certify:

Marcos Ruiz

Domingo del Ric?

Witness: Nicolas de Villa Fuerte

Witness: Joachin R-uiz

.;C. 35v-36v in2-24-1764,

Statement made, by

Candido de San Miguel

for the preceding

purpose

In said royal presidio'

said day, month and year, I.

said lieutenant, had the soldier

of this presidio Candido de San

141iguel, whom I. certify I know,

appear before me. When he was present I adm.inistered an

oath to him in my presence and that of my attesting wit-

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

sign of His Holy Cross in the prescribed manner of the37

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

truth insofar as he knew and might be questioned.

Upon being asked about the number of beeves distrib-

uted each week by Captain don Raphael Martinez Pacheco to

the Indians of the Orcoquiza Nation, he replied that since

, ethe time, tb.e above-menta:oned captain took command of

this above-said presidio until the witness left the cattle

which was in his charge' two beeves each week were dis-

tributed by his hand? Echarged, to the account of the

above-mentioned captain' to the nation of the Orcoquizas'

and one to any other ^person, who should come to get it,

or to the stated captain.

,He stated,, under the oath taken, which he affirms

and ratifies, that what he has said and declared is the

truth. Having read this, his statement, to him word for

word, he again affirmed and ratified it, saying that

everything contained t,herin is the same as that which he

has said and declared i concerning Tv7hieh he has nothing to

add or withdravr. He said he was twenty-five years of

age. He did not sign it because he said he did not know

how., I, said lieutenant, signed it with the above-cited

witnesses. In witness t^rh.ereoi I certifya

`^=^^ar co s Ruiz

Witness: hicol.as de Villa Fuerte

Witness: Joachin Ruiz

C. 36v-37 in E.2-24-?'^64,

lt^

St te,me,nt made, by In said Royal Presidio of

San Agustin of Haumada, on thethe soldie,r Jua.n,

J,ose,ph Cordova for twenty-fourth day of the above-

the purpose which^7v

//has been men-

tio,n, ed

mentioned month and year, I,37v

said lierutena, nt 9//had the

soldier of this company Juan

Joseph Cordova, whom. I certify

I know, appear before me. When he was uresent, I admin-

istered an, oath to him in my presence and that of my

attesting witnes se, swhich he took in the name of God ,

our Lord, and a sign. of His H,o, ly C'ross in the prescribed

manner of the law, uncter penalty of which he promised to

tell the truth insofar as he knew and might be questioned.

Upon being asked about the number of beeves dis-

tributed to the Orcoquizas Indians when Captara_,n don

Raphael ^,Tarti nez Pacheco was in charge of co-immanding this

e.bove- said presidio, he replied that since the time, he

took charge of the cattle belonging to said captain, when

Candido de San i^^?igrue,l did not wish to continue, in

charge of it, until the sixth of the current -month, on

which the last animal, was given to the Orcoquizas Indians

by ord,e,r of the above-mentioned captain, he distributed

with his hands two beeves per week, in which he was help

by Joseph ^^-1io.ue, l . Tremi f1o , To the Atacapas, who have

been here for abouR three weeks for the purpose of seeing

the Orcoquizas, their relatives and allies9 he dis-

tributed, one.

Upon being asked if he knows if duririg the above-

mentioned ti,me a definite quantity of corn or other

comestible commodities were distributed to the above-

mentioned nation of the Orcoquiza, he said he had never

seen nor heard that any quantity of corn or other comes-

tible commodity should have been designated for the said38

//nation, but he had seen always tha twhen some one of

said lnd ians a.sked for corn or pinole it was given to him

by order of said captain, sometimes a chacual of corn or

pinole, other times, half a rchacual,.

Asked if said Indians continued to come to the church

in the afternoons to pray? he replied that ever since the

or governor and the reverend Father president of these

missions had gone to Los Adaes, L:dhich according to i.:rhat

we remeftber was at the end of July, this devotion lan-

guished completely, to such an extent that neither did

the Indians assemble to pray nor was any effective measure

taken for it,

,He stated,' under the oath taken, iyhich he affirms

and ratifies, that everything he has said and declared is

the truth. After this, his statement, had been read to

him from the first line to the last he newly af f irmed and

ratified it, saying that everything referred to therein

is the same as that which he has said and declared and

is the truth under the oath taken. He said he was over

twent^r-five years of age. He signed it with me and the

above-cited witnesses as has been stated. In witness

whereof I certify:

!,Iarcos R.uiz

Juan JoseDh Cordova

Wztness. Nicolas de Villa Fuerte

witness a Joachin Ruiz

rC. 37-38 in E.2-24-1'?6)+2