February 11, 1819 to February 26, 1819:

Decree of the Cañon de Carnue Land Grant and First Act of Possession at Carnue and San Antoñio



SANM I, REEL 27, SG 150 Frames 864 to 886 - Translation of Spanish Document "B":

"Santa Fe, February 11, 1819

In accordance with the views of the Assessor the Alcalde upon whom the duty devolves, will partition the land with justice among the petitioners under the established rules, setting a term within which they shall provide themselves with arms and horses for the defence of the province.

The said Alcalde will designate the respective Lieutenants of justice in order that they may govern them in peace and be responsible for that which belongs to the King (whom may God preserve) as a result of the offer of the grantees; keeping a certified copy of this expediente for the archives of the Alcalde's office, and returning the original to this government for the proper purposes.

Melgares [Rubric]

* * * * * * * * * *

(February 24, 1819)

At the Cañon of the San Miguel de Carnué, jurisdiction of the town of San Felipe Neri de Albuquerque on the twenty fourth day of the month of February of the year one thousand eight hundred and nineteen, I, Don Josef Mariano de la Pena, Chief Alcalde thereof, who act by special authority with attending witnesses for the lack of all notaries giving due fulfillment to the superior decree of the Acting Senor Governor of the Province, Captain Don Facundo Melgares, dated the tenth in conformity with the opinion of the Senor Assessor, went to the said canon: All the petitioning settlers being present at the most convenient point, the public square was laid off for them in a square, for the present of fifty varas square, for its form and construction, walled: thus assembled in accord and each one on the land designated for him, across two and one half varas in height having been set up, after having praised the name of God, they pulled up grass, threw stones in the air and joyfully uttered the cry of "Long live the King" - for the gift and grant which in the name of His Majesty, is made to them.

This act having been concluded, it being five o'clock in the evening, all retired to their lodgings, being summoned for the morning of the next day, for the partition of land to each one, with which this day ended the Alcalde certifying to all and signing with one of the attending witnesses.

Josef Mariano de la Pena [Rubric]

Attending,

Juan Bautista Duran [Rubric]

* * * * * * * * * *

(February 25, 1819)

At the said cañon of San Miguel de Carnue on the twenty fifth day of the month of February and year above mentioned, the Chief Alcalde, with attending witnesses for the lack of any notary, the grantees of this settlement being assembled, the partition was begun in the following form, to wit: A cross two and a half varas in height being placed in a mound of stones which was made by all for a perpetual landmark, on the bank of the arroyo which is the common watering place.

West to East the fifty vara cordel was extended, the highway, Maria de la Luz Garcia, a widow, with her children being first to whom were measured as far as the little ford which is called the Apaches, thirteencordels, giving her on both sides, North and South, on account of the narrowness, because here the canon and the stream, which runs from East to West, join.

Leonardo Gutierrez follows in the same direction, West to East, with six cordels, on the North side leaving the stream which bounds it on the South.

Santiago Gutierrez follows with nine cordels on the North side.

Dolores Baca follows with eight cordels in the same direction.

Juan Luis Garcia follows with eight cordels on the South side which is divided by the stream.

Don Juan Bautista Duran follows with ten cordels on both sides.

Encarnacion Zamora follows on the South side with eight cordels and twenty-five varas.

Antonio Sandoval follows on the South side with five cordels.

Jose Antonio Duran follows on the South side with seven cordels, sixteen varas.

Tomas Garcia follows on the South with seven cordels, thirty varas.

Jose Lauriano Lopez follows with ten cordels in both directions, North and South.

Mariano Lucero, Juan Lucero and Lorenzo Lucero follow on the North side with fifteen cordels. Mariano having eight cordels on the South side adjoining Anselmo Archuleta in the same direction West to East.

Joaquin Zedillo and Jose Pacheco follow, on the North side with twenty-one cordels, twelve varas.

Juan Manuel Apodaca follows with three cordels in the same course or direction, as far as the arroyo or ford that makes a narrow place on the East and crossing to the other side course South, West to East there were measured to him four cordels.

Juan Trujillo follows with five cordels, thirty varas in the same direction East to West and course South.

Anselmo Archuleta, passing over Mariano Lucero, follows with seven cordels as it says above, East to West course South.

From here a backward course was taken toward the East a long stretch being useless on account of the narrowness of the canon and going up towards what is called the cienega taking the cordel from where the water strikes on the North side where the stream widens North to South.

Jose Julian Chavez Otero, Santiago Chaves, with a widow and her children, begin with fourteen cordelsEast to West, being six of Julian, six of Santiago, and two of the widow, of the width of the canon, to the sides North and South.

Juan Ignacio Tafoya follows with five cordels in the same courses as the Chavezes.

Returning from here downward, there still remains vacant land as far as the narrow part mentioned.

Rafael Martin with nine cordels is below Mariano Lucero on the said course East to West and on the North side.

Asencio Moya follows with twelve cordels being at the head of [the tract of] Encarnacion Zamora West to East.

These measurements having been made and possession given in the name of His Majesty, the King our Lord, each one having been walked over his respective land, the ceremony having been performed, after praising God, pulling up grass and throwing stones in the air each one shouted long live the King, remaining pleased and satisfied; and they were also reminded that they must comply with what they had offered about giving the third part of their crops in the present year and the following one of [eighteen hundred and ] twenty. Being under obligation to have the town completed, their planting done and to be provided with arms for defence, in the month of May of the present year. And this act being concluded an end was made at two o'clock in the afternoon of the same day it being signed in due testimony thereof with those of my attendance, I certifying to all.

Attending,

Josef Mariano de la Pena [Rubric]

Juan Bautista Duran [Rubric]

Attending,

Cristobal Jaramillo [Rubric]

* * * * * * * * * *

(February 25, 1819)

At the cañon del Pueblo, ancient ruins, of San Antonio de Padua in the same mountain, on the twenty fifth day of February of the year one thousand eight hundred and nineteen. It being half past five o'clock in the afternoon, Don Josef Mariano de la Pena, Chief Alcalde of the said town, its jurisdiction and frontier, with attending witnesses for lack of any notary, all the residents grantees in this possession being present, they are cited for the next day to verify it, this note being made for its fulfillment it being signed by the Judge and the attending witnesses.

Josef Mariano de la Pena [Rubric]

Attending,

Juan Bautista Duran [Rubric]

Attending,

Cristobal Jaramillo [Rubric]

* * * * * * * * * *

(February 26, 1819)

On the twenty-sixth day of the month of February of the year one thousand eight hundred and nineteen, Don Josef Mariano de la Pena, Chief Alcalde of the said town and cañon of San Antonio de Padua, with attending witnesses for lack of a notary. At seven o'clock in the morning, after having set up a cross three and half varas high at the distance of two hundred varas to the north of said canon for a perpetural landmark, distant from the arroyo which crosses the road to the place called San Antonito; the residents being assembled they praised God, pulled up grass, threw stones in the air with the shout of "Long live the King". Descending toward the South, the said arroyo being in the road itself at a distance of five hundredvaras to the South a small slope North to South; the fifty vara cordel was extended North to South and the partition was made in the following form, to wit:

Juan Manuel Martin begins with nine cordels, with the width of the canon East to West.

Juan Cristobal Gonzales follows with two cordels and the said width of the canon.

Juan Cristobal Gulure, Juan Rael and Antonio Gulure follow with two cordels, ten varas in the said width with an entering angle that transversal looks from East to West, ending toward the North.

Antonio Torres follows with one cordel and width East to West.

Jose Griego follows with one cordel with the same width East to West.

Juan Unanues follows with one cordel and said width.

Rafael Gutierrez and Juan de Jesus follow with one cordel and twenty-five varas with the said width and in addition a small entering angle to the East which is divided by a short arroyo.

Juan Domingo Gonzales follows with one cordel and said width.

Jose Domingo Gonzales follows with one cordel and said width.

Felipe Martin follows with one cordel and said width.

Jose Manuel Gonzales follows with one cordel and said width.

Jose Damian Apodaca follows with one cordel and said width.

Juan Antonio Gallego follows with one cordel and said width.

Ignacio Perea follows with one cordel and said width.

Jose Manuel Lopez follows with one cordel and the same width.

Geronimo Pacheco follows with one cordel and twenty-give varas, and a small entering angle on the West side because of the narrowness of the canon.

Juan Miguel Gonzales follows with two cordels on account of the narrowness of the canon.

Antonio Lopez follows with two cordels and width.

Juan Josef Garcia follows with one cordel and thirty-six varas as far as the descent at the narrows which the canon makes he being the last.

At having been taken by the hand and each one walked over his land, having praised God, pulled up grass and thrown stones in the air with the joyful cry of "Long live the King, our Lord", with which it being one o'clock in the afternoon, this act was concluded; which is signed with the attending witnesses, in testimony thereof.

Josef Mariano de la Pena [Rubric]

Attending,

Juan Bautista Duran [Rubric]

Attending,

Cristobal Jaramillo [Rubric]

* * * * * * * * * *

(February 26, 1819; Certified March 5, 1819)

On the said day month and year and at the said place the Chief Alcalde with attending witnesses as aforesaid, it being three o'clock in the afternoon the said residents being assembled, the best land nearest to the water and best situated having been examined the public square was laid off with the fifty vara cordel in the form of a square, and a cross three and a half varas high having been set up in the center and each one placed in his position and the square formed, after praising God, they pulled up grass, threw stones in the air and all shouted in a loud voice, "Long live the King"; all being notified that by the month of May of the present year they shall have completed the planting, the building of the houses, the arms, munitions and saddle horses, and of the obligation to fulfill that which they had promised in the present year and in the coming one of [one thousand] eight hundred and twenty, to give the third part of the products of their crops for the use of the King, our Lord, with which this possession was concluded, which by the order of the Acting Senor Governor Captain Don Facundo Melgares, in the name of His Majesty (whom may God preserve) has been granted to them; the grant being from the entrance of the Cañon de San Miguel de Carnue to the Tijera, the width of the canon West to East and from here South to North as far as the cross set up to the North of San Antonio as is set forth at the beginning of this second possession; it not being possible to make grant as far as San Antonito as they ask because the woods, waters and pastures of watering places are common to the frontier from Bernalillo to Belen, for which cause others can not be settled. That which has been done not having resulted to the prejudice of any third party.

From what is called the Cienega of the Cañon de Carnue to the Tijera and from here to the latter North to South, settlement of San Antonio, there are some pieces which may be occupied by other settlers, in the same need as the grantees; notwithstanding that the waters are not sufficient to open up a large cultivation.

Do not be surprised that there are ten grantees more than those in the list of names and that there are more now. The cause is that four did not come and those of the fathers were increased for their emancipated sons, and three persons who having given to their sons the little land which they have for industrious and good workmen as they are Juan Ignacio Tafoya, Juan Trujilloand Anselmo Archuleta; they were given possession on account of being useful workmen without prejudice to the settlements.

All of which having been done it was concluded the twenty-sixth day of the said month and year, a certified copy of this original being made for the archive of this Alcalde's office, and as is ordered, the original shall be sent to the superior government, it being signed as aforesaid with attending witnesses for lack of any notary in due fulfillment, on the fifth day of March of the year one thousand eight hundred and nineteen. I certifying to all.

Josef Mariano de la Pena [Rubric]

Attending,

Juan Bautista Duran [Rubric]

Attending,

Cristobal Jaramillo [Rubric]"

* * * * * * * * * *

Frame 884 reads:

"U.S. Surveyor General's Office,

Santa Fe, New Mexico

April 10, 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 thirteen pages, which original designated as letter "B" is on file in this office in private land claim file No. 96, in the name of Juan Ignacio Tafoya et, al. for the Cañon de Carnue tract.

Will M. Tipton [signature]

Translator"

* * * * * * * * * *

Frame 885 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.

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

Scott 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. 864 to 885.



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