Reference: Spanish Archives of New Mexico, Series I,
Twitchell 1053, Reel 5, Frame 1287-1289.
©Patricia Sanchez
Rau
ARCHIVE
1055
Public
Survey Office
Dates:
1754
Subject: Francisco Montes Vigil Grant
Proceedings
in the grant made to Vigil by Governor Thomas Velez Cachupin; executed by Juan
Jose Lovato, Alcalde of Santa Cruz.
Note: This translation copied from that found in
the Vigil Grant Case, R128, the original Spanish document is badly torn.
####
---(torn)
--- 1754 ---(torn) of a ---(torn) –made --- (torn) –co Montes – (torn) – at the
place --- (torn) – river of the Tru--- (torn)
His Excellency the
Governor and Captain General
I, Francisco Montes
Begil, resident of La Villa Nueva de Santa Cruz, appear before your Excellency
in due legal form and state, that having a small lot of mares, cows, horses and
a few mules, and not making any progress, but rather suffering great diminution
and losses for the want of a tract of land on which to place them, I register
as uncultivated, unsettled and royal domain,
a tract (sitio) on the Truchas River, whose boundaries are on the east;
the Cienega grande (Big meadow); on the west; the main road leading towards
Picuris, on the north, the Cuchilla de Ojo Sarco (Ojo Sarco ridge) and on the
south, the Truchas River, to the end that your Excellency being very gracious
be pleased to make and grand for said tract in the name of his Majesty, whom
God preserve, and that possession be given in his royal name. Therefore I ask and pray your Excellency to
be pleased to do and determine as I have requested, whereby I will receive
grace.
p. 2
City of Santa Fe, April
27, 1754. In view of what this party
asks, the Chief Alcalde of la Cañada and its jurisdiction will report to me
concerning the land and places he refers to, stating whether or not they are
royal domain, and the distance the boundaries stated embrace in their
respective directions, whether or not it will be prejudicial to the new
settlement of Nuestra Señora del Rosario, San Fernando y Santiago, so as in
view of all to determine what shall be property.
And, thus I, Tomas Velez
Cachupin, Governor and Captain General of this province of New Mexico have
decreed and commanded.
Veles (Rubric)
His Excellency, Tomas
Velez Cachupin, Governor & Captain General
Sir:
Attentive to the
preceding decree of your Excellency upon the petition which Francisco Montes
Vigil presents, I report that your Excellency, may, being very gracious, make
to him the grant he asks, as it is known to me that within the limits he asks,
it does not prejudice either the new settlement of Nuestra Señora del Rosario,
San Fernando y Santiago or that of Santo Tomas del Rio de las Trampas, as the
boundaries that this party applies for in four directions are without prejudice
to any third party having a better right and within which boundaries there are
found only a few small pieces of land that the petitioner can cultivate for the
support of his herders; there are remaining, as there does remain, to the south
of said new settlement, another piece of royal domain, to the south of the said
new settlement, another piece of royal domain on which another party may be
accommodated, in regard to all of which your Excellency will set as he always
does, for the best.
Soledad, April 29,
1754
His best servant
kisses the hand of your Excellency
Juan Jose Lovato
p. 3
At the city of Santa Fe,
on the sixteenth day of the month of may, one thousand seven hundred
fifty-four, I, Tomas Veles Cachupin, Governor of this kingdom of New Mexico,
having examined the report of Juan Jose Lovato, Chief Alcalde of the villa of
la Cañada, and notwithstanding the boundaries which are set forth in the petition
do not prejudice the other surrounding citizens and new settlements, their
distances not stated in the said report for they may be excessive and do not
conform with the laws and to the capacity of the party who petitions and
prejudicial to the spread of citizens of the villa and jurisdiction of la
Cañada and to their being able to place and pasture their livestock upon the
public land, as that town has no serviceable grazing grounds, do commission the
Chief Alcalde, said Juan Jose Lovato to measure from the center where the house
of the tract has to be established, in each direction twenty-five (25) cordeles
of 100 varas, and as many more in square, including within these measurements
the planting lands mentioned and marking on these measurements the respective
landmarks at the end of the 25 cordeles on each of the four principal corners
and at the corners of the square; he will place in possession of said
measurements and tract, Francisco Montes Vigil, to whom, in the name of his
Majesty, whom God preserve, I do make grant of the said royal tract for
himself, his children and heirs, under the qualification and condition which
the royal laws prescribed, and the said Chief Alcalde first notifying all the
surrounding settlers. And when the said
possession shall have been given in legal form, a testimony being made, which
he will deliver to the party to serve him as formal title, the said Chief
Alcalde will return the originals to this Government within the term of eight
days counted from that on which he will execute the possession.
And thus, I provided,
commanded and signed, acting with the witnesses of my attendance for want of a
public and royal notary there being none in this kingdom.
Tomas
Velez Cachupin
Torribio Ortiz
Tomas de Alvear y
Callado
ACT OF POSSESSION
At this place, San
Francisco Javier del Paraje de la Cienega Grande, I Juan Jose Lovato, Chief
Alcalde of the Villa of la Cañada and its districts, under the preceding
commission from his Excellency, Tomas Velez Cachupin, Governor and Captain General
of this kingdom, having measured this tract on three courses, north, west,
sought at the rate of 25 cordeles of 100 varas on each course as it could not
be squared on that of the east, the tract being in the form of a triangle, the
tracts of the settlers of the place of Santo Tomas on the north and of Nuestra
Señora del Rosario, San Fernando y Santiago on the south, restricting it, I
added to it, inside towards the mountain twenty cordeles which it lacked, of
which tract I placed Francisco Montes Vigil in royal and personal possession,
the ceremonies preceding of plucking up grass, casting stones and shouting
“Long live the King,” there being present and as witnesses and as summoned,
adjoining neighbors Juan de Arguello and Melchor Rodriguez, citizens of the
place of Santo Tomas, and Salvador Espinosa and Juan de Dios Romero, citizens
of the new settlement of Nuestra Señora del Rosario and other citizens of both
districts who declared with one voice that they do not receive any damage from
this grant, and there remaining to him a ___(torn)___ tract the site of the
house and fields, it has towards the south on either side of ___(torn)___
towards the west five hundred varas and upwards the remainder of the 25
cordeles and for great clearness the boundaries are two landmarks on the north;
on the west, another two; on the south, the Truchas River and on the east, the
end of the Cienega grande. And that it
may so appear, I signed this with two attending witnesses for want of a royal
and public notary, and this is done at the place aforesaid, on the 20 day of
May, one thousand seven hundred and fifty four, to all of which I certify.
Juan Jose Lovato
Jues Receptor
Witness: Antonio Jose Lovato
Witness: Pedro Antonio Marin
Note: A testimony was furnished (J.J. Lovato’s
rubric)
Surveyor General’s
Office
Santa Fe, New
Mexico
May 5, 1862
The foregoing is a
correct translation, made by me, from the original in Spanish which is on file
in this office in Private Claims, file No. 189 in the name of Francisco Montes
Vigil.
David I Miller,
Translator.
Reference: Spanish Archives of New Mexico, Series I,
Twitchell 1053, Reel 5, Frame 1287-1289.
©Patricia Sanchez
Rau
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