March 4, 1819 to March 26, 1819:

Antonio Chaves Petition and Second Act of Possession of Surplus Land at Carnue and San Antonio



SANM I, REEL 27, SG 150 Frames 887 to 898 - Translation of Spanish Document "C":



"Senor Chief Alcalde,

Don Mariano de la Pena

We, Antonio Chaves, Geronimo Chaves, Pedro Iturrieta, Pablo Padilla, Jose Padilla, Mariano Montoya, Jose Montoya, and Juan Antonio Chaves, all residents of the town of San Andres de los Padillas under your jurisdiction appear before you stating with the greatest veneration and respect that knowing that there is a surplusage of lands in the grant made to those of the Canon de Carnuel as far as San Antonio, being in the greatest need for lack of lands of our own for the support of our families, we humbly beg that they be granted us in the name of His Majesty, whom may God preserve, binding ourselves to comply with the same terms to which those settlers have bound themselves, which is to give the third part of what may result from our lands for two years. For all of which we ask and beg that you will be pleased to treat us with that condescension which we expect from the King, our Lord, and the kind report which you may be pleased to make upon our petition, in which we shall receive grace and favor.

Town of San Andres de los Padillas

March 4, 1819,

Note that the names of Geronimo Chaves and Juan Antonio Chaves are mistaken, since they are Juan Ansures and Pablo Padilla, date ut supra.

For himself and the above mentioned.

Pedro Iturrieta [Rubric]



* * * * * * * * * *

Pajarito, March 4, 1819

Presented and admitted in as far as may be lawful, and in order that the proper disposition be made, let the commissioned Justice of the town of the petitioners report whether those who ask for lands are free of service and have no lands in the said town or elsewhere with which to support their families, in order to forward it to the superior government so that his Lordship may order that which he may deem of his superior pleasure.

Josef Mariano de la Pena [Rubric]



* * * * * * * * * *

It is true and I know of all that which the above mentioned set forth and in compliance with the order given me by the Senor Alcalde, I give this today, March 6, 1819.

Luis Padilla [Rubric]



* * * * * * * * * *

Pajarito, March 7, 1819.

Let the petitioners above named apply to the superiority of the Senor Governor in order that if his Lordship is pleased to grant what they ask by reason of there being a surplusage of land, there may be done that which he may be pleased to order; in view of the need which they show, which the Commissioner of the said town says is true.

Josef Mariano de la Pena [Rubric]



* * * * * * * * * *

Albuquerque March 15, 1819

The Chief Alcalde will act with justice and having made the donation will report the same with the expediente in order that it may be adjoined to the one to which it belongs, with the understanding that he will give to those who apply in need, provided that the land and waters will permit.

Melgares [Rubric]



* * * * * * * * * *

(March 24, 1819)

At the town of San Felipe Neri de Albuquerque on the twenty-fourth day of the month of March of 1819, Don Josef Mariano de la Pena, Chief Alcalde thereof acting by special authority with attending witnesses for lack of any notary, in order to give due fulfillment to the superior decree of the said Governor at the instance of those who ask for land for cultivation of that which has been left over, gave time for those named and others who verbally joined in the same petition to assemble, citing them for the next day to carry it into effect, assembling at the canon and places that have been left over, making this note in order that it be duly known.

Pena [Rubric]





* * * * * * * * * *

(March 26, 1819)

At the canon of San Miguel de Carnue on the twenty-sixth day of the month of March of the year one thousand eight hundred and nineteen, Don Josef Mariano de la Pena, Chief Alcalde of the town of San Felipe Neri de Albuquerque, its jurisdiction and frontier, with attending witnesses for lack of any notary, there being present the petitioners to settle and cultivate the surplusage of lands restricted to a small area for the present until the waters shall have been examined [to ascertain] whether they will permit of the increase of cultivation, it was partitioned in the following form, to wit:

The fifty vara cordel being extended from West to East there were measured five cordels for Teodoro Doro Duran on the North side being between Joaquin Zedillo and Jose de Jesus Pacheco.

Beyond the narrows, in the same direction West to East Mariano Anaya follows in the direction of the marsh with five cordels and twenty-three varas the width of the said canon.

Santiago Jinzo follows with five cordels being bounded on the East by Juan Ignacio Tafoya and said width.

Gertrudis Chaves, the widow, follows above, to whom were now measured two cordels fifteen varas more to the East and the width of the canon, being bounded by her brother Jose Julian on the West.

Jose Garcia follows on the South side with five cordels forty varas.

Bernardo Candelaria follows on the North side with six cordels, East to West being bounded by Gertrudis Chaves.

To Juan Ansures, going up Eastwardly passing the rise in front of the canon called Del Agua, West to East the cordel being extended there were measured three cordels and the width of the canon North to South.

Pablo Padilla follows with three cordels and said width.

Pedro Iturrieta follows with three cordels Idem.

Pablo Duran Padilla follows with three cordels the same.

Josef Padilla follows with three cordels, Idem.

Mariano Montoya follows with three cordels, Idem.

Josef Montoya follows with three cordels, Idem.

Pedro Aragon follows with three cordels, Idem.

Juan Lovato follows with two cordels, Idem.

From here we went to San Antonio and being at the cross placed for a boundary of this town, North to South, to

Rafael Gutierrez there were measured two cordels more.

Juan Garcia follows at the same place with one cordel and an entering angle on the East which North to South descends until opposite Jose Manuel Garcia, that on the West an arroyo separates them.

One cordel follows which they set apart for the benefit of all, the income to be devoted to the souls in purgatory.

Miguel Garcia follows with two cordels, being bounded by Jose Manuel Garcia.

Passing the land partitioned to where the canon narrows to

Juan Cristobal and Juan Domingo Gonzales there was given in addition an entering angle on the West side, North to South.

Juan Francisco Gonzales follows on the East with three cordels.

Miguel Garcia follows with two cordels.

Juan Antonio Gallego follows with one cordel and twenty varas.

Having arrived at the highway where the water runs East to West, having left passage way on the North side to

Jose Manuel Gonzales there were measured three cordels, East to West.

Juan Crisostomo Gonzales follows with three cordels.

Returning toward the East taking the South side,

Salvador Sanchez enters with three cordels twelve varas East to West.

Estevan Zedillo follows with three cordels twelve varas.

Don Juan Miguel Gutierrez follows with three cordels, twelve varas.

Felipe Martin follows with three cordels and the width of the canon.

Gregorio Apodaca follows with one cordel.

Juan Josef Garcia follows with one cordel, Idem.

Juan Cristobal Gulure, twin, follows with three cordels, Idem.

Juan Unanues follows with one cordel, Idem.

Josecito Gonzales follows with one cordel, Idem.

Francisco Munoz follows with two cordels and the width of the canon.

Jose Griego follows with one cordel, Idem.

Jose Damian Apodaca follows with one cordel, Idem.

Manuel Lopez follows with one cordel, Idem.

Ignacio Perea follows with one cordel, Idem.

Geronimo Pacheco follows with one cordel, Idem.

Antonio Torres follows with one cordel, Idem.

Juan Rael follows with one cordel, Idem.

Juan Antonio Gulure follows with one cordel, Idem.

Juan Francisco Garcia Zamora follows with one cordel, Idem. which fronts the ford of the highway of the arroyo and the pine of the cross (pino de la cruz) which is on the North.

All were walked over the land, the new settlers and the first grantees of this settlement, crying, after having praised God, "Long live the King" and again advised of the obligation to give for two years the third part of the fruits of their harvest to His Majesty, the King, our Lord.

Notwithstanding the doubt that I entertain from the insufficiencey of the waters to permit of the extension of the cultivation as to whether the former are sufficiently abundant for the increase of the latter, there was now given more land to those of San Antonio because it was seen that they were energetic and desirous of cultivating them without prejudice or abandonment of those already given them and therefore they were all so informed.

There are still lands which may be partitioned but this can [not] be done until all the waters are examined [and] the springs cleaned out and with that which is carried by the irrigating ditches and their overflow, then it may be divided among the same settlers in proportion to the industry and application which the exhibit.

This act having been concluded at four o'clock in the afternoon after the grantees had retired this second possession, which is included in the grant from the said canon of San Miguel de Carnue as far as San Antonio, was signed and it serves as a notice that the land which is left over is from the pine of the cross East to West as far as the Tijera. On testimony of which it was signed by the said Judge, and the attending witnesses on the twenty sixth day of March, one thousand eight hundred and nineteen. I certify

Josef Mariano de la Pena [Rubric]

Attending,

Juan Bautista Duran [Rubric]

Attending,

Cristobal Jaramillo [Rubric]

Note:

A certified copy was made of this original for the archive of this Alcalde's office.

Pena [Rubric]



* * * * * * * * * *

U.S. Surveyor General's Office

Santa Fe, New Mexico

April 14, 1886.

The foregoing ten pages contain a full, true and correct translation, to the best of my knowledge, of the original in Spanish on five pages, which original, designated as letter "C" is on file in this office in private land claim file No. 96, in the name of Juan Ignacio Tafoya et al. for the Canon de Carnue tract.

Will M. Tipton (signature)

Translator



* * * * * * * * * *

Frame 897 reads:

"U.S. Surveyor General's Office

Santa Fe, New Mexico.

I hereby certify that the signature affixed to the foregoing certificate is the genuine signature of Will. M. Tipton, who at the time of signing the same was the official translator of this office and that all his acts as such are entitled to full faith and credit.

On testimony whereof I have here unto subscribed my name and caused the official seal of this office to be affixed, at the city of Santa Fe, this fourteenth day of April, A.D. 1886,

Geo. W. Julian (signature)

U.S. Surveyor General

for New Mexico"



* * * * * * * * * *


SOURCE: Spanish Archives of New Mexico I, Microfilm reel 27, Surveyor General #150, "Cañon de Carnuel Land Grant" Fr. 887 to 898.



Home


carnuel@earthlink.net

Copyright © 2004 by J. Luna. All rights reserved. This site may be freely linked to, but not duplicated, in any fashion, without the author's consent.