April 8, 1771 to June 18, 1771

Abandonment Proceedings - Land Grant in San Miguel de Laredo Carnué



SANM I, REEL 27, SG 150 Frames 841 to 863 (originals at Frames 667 to 684) - Translation of Spanish Document "A":

(April 8, 1771)

[Endorsed]

No. 9 Year of 1771,

Representation made by the residents of San Miguel de Carnuél to abandon their settlement, and proceedings in the matter.

No. 336

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Senor Governor and Captain General:

We, the residents of the place of San Miguel de Carnué appear before the grandeur of your Lordship asking that we may have the benefit of all the privileges allowed by the law; and we state:

That having been notified by the Lieutenant of this jurisdiction, Don Joseph de Apodaca, of your Lordship's superior order, that we should proceed to resettle the said place of Carnué, we obeyed with all promptitude; on the eighth day of the present month of April we went to the said place thirteen men of us, four without arms and nine with arms; we submit to the high intelligence of your Lordship - what force is this to oppose the great boldness which the barbarous enemy now exhibits? We returned to the town of Albuquerque on the tenth in the evening all without food, as in the large settlements there is not a grain of corn wherefore we determined unanimously and in accord to make this representation to the grandeur of your Lordship setting forth the need that is felt, the lack of force to resist, and the possession held by the enemy of the said frontier, causes most sufficient that your Lordship may be pleased to relieve us from so perilous a situation and in this your Lordship will exercise the royal benignity with which our Catholic Monarch, whom may God preserve, attends and regards his vassals.

For all of which we humbly beg that your Lordship will grant that which we ask as in this your Lordship will do us the favor and justice which we ask. We swear in due form that this our petition is in good faith in what is necessary.

Cristobal Jaramillo [Rubric]

Juan Rafael Pacheco [Rubric]

Ventura Lopez [Rubric]

Ulgensio Sabreda [Rubric]

Nicolas Giron [Rubric]

Leonardo Gutierrez [Rubric]

Francisco Griego [Rubric]

Juan Victoriano Gallego [Rubric]

Antonio Molina [Rubric]

Diego Bustos [Rubric]

Joseph Antonio Baca [Rubric]

Manuel Garcia [Rubric]

Juan Jaramillo [Rubric]

Juan de Moya [Rubric]



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Santa Fe, April 12, 1771

I have examined the petition made by those who sign it, and in view of the fact that the Chief Alcalde Don Francisco Trebol Navarro has written me that some half-breeds of those who are now scattered may possibly join the settlement of San Miguel de Carnué and that this addition of men may make that frontier defensible, I, Don Pedro Fermin de Mendinueta of the Order of Santiago, Colonel of the Royal Armies, Governor and Captain General of this Kingdom of New Mexico, order that this petition be transmitted to the said Chief Alcalde and if he has secured the aggregation of the half-breeds he shall explain to both parties having them together, that the men living alone for the present, occupied in completing the enclosure of their town, and in planting, do not run the risk which they exaggerate, but rather show their want of courage, and he will notify them that if they do not proceed to the resettlement the grant shall be taken back and they shall be dispossessed. And in case they do not agree to and verify the formal resettlement and completion of the town the said Alcalde will proceed to take back the said grant and will not permit any citizen to plant or live on all that is embraced in the possession to the residents of Carnué, but he will compel them to return to where they lived before, and those who have no agricultural lands he will compel to work for others to support themselves and not to wander about as vagrants; all of which shall be set forth as a part of the proceedings at the foot of this decree, and it, as well as the grant, shall be sent to me, and thus I approved, ordered, and signed it with the undersigned attending witnesses for lack of notaries of which there is none in this government.

Pedro Fermin de Mendinueta [Rubric]



Mateo de Penaredonda [Rubric]

Domingo Labadia [Rubric]





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(April 16, 1771)

At the Town of San Felipe de Alburquerque on the sixteenth day of the month of April of the year one thousand seven hundred and seventy one, I, the said Chief Alcalde in compliance with that which is ordered in the foregoing decree by Senor Don Pedro Fermin de Mendinueta of the Order of Santiago, Colonel of the Royal Armies, Governor and Captain General of the Kingdom of New Mexico, order the Lieutenant of this said town, who is Joseph Apodaca, to notify all the residents of the settlement of Carnué that on the twenty-fourth day of the said month they shall assemble in the royal buildings of this said town, where I, the said Chief Alcalde will be, for the proper purposes, and I the said Chief Alcalde, signed it with my attending witnesses, with whom I act by special authority for lack of a public or royal notary of which there is none of any kind in this government.

Francisco Trebol Navarro [Rubric]



Witness

Antonio Baca [Rubric]

Witness

Estevan Padilla [Rubric]



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(April 16, 1771)

At said town, said day, month and year, I the aforesaid Chief Alcalde in virtue of that which was ordered by the said Senor Governor in the said decree; order by a letter to the Lieutenant of San Fernando del Rio Puerco, who is Juan Bautista Montaño, that he notify the half-breeds who are living scattered about his district to appear before me at the royal buildings at Albuquerque on the twenty-fourth day of the present month of April for the proper purposes and I, said Chief Alcalde, signed it with the undersigned attending witnesses with whom I act by special authority for lack of a public or royal notary, of which there is none of any kind in this government.

Francisco Trebol Navarro [Rubric]



Witness

Antonio Baca [Rubric]

Witness

Estevan Padilla [Rubric]



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(April 24, 1771)

At the said Town of San Felipe de Albuquerque on the twenty fourth day of the said month of April and year, I the said Chief Alcalde, being at the royal buildings of the said town and the half-breeds of the Rio Puerco and Navajo, and the residents of Carnué being present, to the former I proposed that if they would voluntarily incorporate themselves with and go up to the settlement of Carnué to resettle it in company with the first settlers, in that case there would be marked off lands for cultivation for each one on equality with the other settlers, and the same for the building of their houses within the precincts of the town, and the use in common of the rest of the tract, with an additional clause that they should be incorporated in the grant which had been given to the first settlers, and that by virtue of its maintenance they would acquire property in the tract like the rest; in view of the fact that they were living scattered about without any fixed domicile in any place, asking for loaned lands to cultivate and live on; to which proposition they replied that in no manner could they consent to go up to the resettlement, nor was it to their interest, as they had replied to me on another occasion where I had called them together for the same purpose; and notwithstanding this reply, they being together as before said with the residents of Carnué, I persuaded them all, saying to them and making it plain that by the men living alone for the present, occupied in completing the enclosure of the town and in planting, they would not run any great risk, by maintaining good union and government; to which the half-breeds replied the same as before, and the residents also declined to go up and re-settle, affirming what they had set forth in their foregoing memorial to the Governor and Captain General of this Kingdom, in view of which I, the said Chief Alcalde notified them again that if they did not resettle, the grand would be taken from them and that they would be dispossessed, to which they replied all together and each one for himself, that in no manner was it possible for them to return to resettle on account of the small force of arms which they had notwithstanding the Governor had given them some of those of the King, our Lord, (may God preserve him) for the great risk which they saw of losing their lives at the hands of the Apaches, as had happened to others of their companions in October of the past year, which had induced them to abandon their settlement, for which clear reason they had considered and did consider it well to continue to be excluded from the said tract, and therefore they were ready to give up the grant which they had to the said tract, and in fact they did give it up to me the said Chief Alcalde at the time of this notification which I attach to these proceedings, and thus I, the said Chief Alcalde notified the said residents to be ready by the day which I may appoint for them to go up in my company to demolish each one his part of the settlement in which they lived; with which they will be completely excluded from the said tract, it becoming royal domain, to which they agreed, as also to deliver the guns and ammunition which the present Governor had furnished them for their defence, as they did, and I, said Chief Alcalde, sent them to said Senor Governor who thus ordered me to do in a letter of the fourteenth of said month of April and year, in case the resettlement should not be made, concerning which so many proceedings have been had; and that it may in all time appear of record, I made it part of these proceedings and I said Chief Alcalde signed it with my attending witnesses with whom I act by special authority for lack of a public or royal notary of which there is none of any kind in this government, to which I certify,

Francisco Trebol Navarro [Rubric]



Witness

Antonio Baca [Rubric]

Estevan Padilla





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(May 20, 1771)

At San Isidro de Pajarito on the twentieth day of the month of May of said year, I, said Chief Alcalde order the Lieutenant of Albuquerque who is Joseph Apodaca, to notify the former residents of Carnué to be ready on the twenty-seventh day of the said month with their tools at the royal buildings in Albuquerque in order that in my company they may go up to demolish the settlement of Carnué in which they were living; in testimony whereof I, said Chief Alcalde signed it with my attending witnesses, with whom I act by special authority for lack of a public or royal notary, of which there is none of any kind in this government.

Francisco Trebol Navarro [Rubric]



Witness

Antonio Baca [Rubric]

Witness

Estevan Padilla [Rubric]



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(May 27, 1771)

At the town of San Felipe de Albuquerque on the twenty-seventh day of the month of May, of the year one thousand seven hundred and seventy one, I, the said Chief Alcalde being present at the royal buildings of the said town together with the former resident settlers of Carnuél, went to the said settlement and having arrived I ordered them to demolish each one his part of the houses of their residence, and they were left in ruins on the ground, and the said residents being notified that each one should return to his former place where they had lived before making the settlement, they agreed to do so, and that it may in all time appear of record I, the said Chief Alcalde, signed it with my attending witnesses with whom I act by special authority for lack of a public or royal notary of which there is none of any kind in this government. I certify,

Francisco Trebol Navarro [Rubric]



Witness

Antonio Baca [Rubric]

Estevan Padilla [Rubric]



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(June 18, 1771)

At San Isidro de Pajarito on the eighteenth day of the month of June of the same year, these proceedings being concluded, I, the aforesaid Chief Alcalde transmit them to the Senor Governor and Captain General of this Kingdom for the proper purposes and I, said Chief Alcalde signed it - ut supra = interlined = these being concluded - valid.

Francisco Trebol Navarro [Rubric]



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U.S. Surveyor General's Office

Santa Fe, New Mexico,

April 5, 1886.

The foregoing twenty-one pages contain a full, true and correct translation, to the best of my knowledge, of the original in Spanish on sixteen pages, which original, designated as letter "A", 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 Carnué tract.

Will M. Tipton [signature]

Translator"



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SOURCE: Spanish Archives of New Mexico I, Microfilm reel 27, Surveyor General #150, "Cañon de Carnuel Land Grant" Fr. 841 to 863.



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