Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

landed estate belonging to the royal domain by sequestration has been ruined by that overflow, a statement of which property I inclose herewith for the knowledge of your lordship. The unfortunate condition of this people did not allow me to offer that property for sale, as your lordship had instructed; now and for better cause it will be more difficult, and all the houses left standing will by degrees fall in ruins, as they have been considerably shattered by the overflow; even the parcels of cultivable land are no longer fit for cultivation. Therefore your lordship will please determine as you may deem most advisable, in order that the royal domain may not suffer a total loss. May God preserve you many years. ANTONIO MARTINEZ.

"Bexar, July 9, 1819.

"To the Intendant, Don Manuel Acevedo.

"One quartillo' fourth [L. S.] stamp, one quartillo, years eighteen hundred and sixteen and eighteen hundred and seventeen. One quartillo.' "September 13, 1819.

"[L. S.]

LUIS POTOSI.

"Let the governor of the province of Texas be notified that this intendancy is informed of the occurrence referred to in the foregoing letter, and that, inasmuch as the property mentioned in the accompanying list has suffered so great injury, while other property is completely falling into ruin, he will cause the same to be appraised again by experts, sworn in due form, and that it be sold at auction, to be awarded to the best bidder, conforming himself, so far as the said occurrence allows, to the order given on the subject and contained in the proceedings addressed to him on the thirty-first of October, eighteen hundred and seventeen. Thus it has been determined and signed by the Senor Intendente Corregidor' of this province, by the advice of his 'Intendente Letrodo,' before me, which I certify.

"MANUEL DE ACEVEDO, Licenciado Josef Ruiz de Aguirre. "Before me, ANTONIO MARIA JUARES, Notary Royal and Military Intendente of State.

"On the seventeenth of the same month the letter was dispatched as by orders. JUARES."

This list of houses and "jocales" does not contain any reference to Miguel Losoya, but in the same document follows a "statement of property this day in existence confiscated from the rebels of the capital of Texas, viz.” In that list is found the name of "Miguel Losoya, one-half stock watering privilege (media dula de agua,) with its land;" dated Bexar, September 10, 1819; signed JOSÉ FLORES and MARTINEZ. Then follows an "exhibit of the property sequestered from the rebels of the capital of Texas according to the inventory existing in the archives of this government, stating what was subsequently restored, donated, and received, and finally swept off by the waters of the river in the overflow of the fifth of July of this year, viz." In this again appears "Miguel Losoya, one-half stock watering privilege, with land, rented for one fanega of corn;" dated Bexar, September 10, 1819; signed José FLORES; Examined, MARTINEZ. And there is added the following statement:

"Considering that the overflow of the fifth of July last past resulted in the ruin of several houses and all the 'jocales' which were sequestered and belong to the royal domain, I instructed the agent of said property to make statements, which I inclose herewith to your lordship for your information. One of these statements exhibits all the sequestered property, as I did formerly report to your lordship, stating the disposition made of that property. The other statement shows what is this day remaining of said property, with the remark that in relation to the arable lands most of it has been destroyed by the overflow, being situated in close proximity to the banks of the river, and they are no longer fit for cultivation. I also inclose to your lordship a statement, as required, of the same commissioner, who has not one real' on v.8s.c.-30

hand, but holds some bills, part of which may be collected, being against the troops, to which they may be charged on their accounts; others, however, will be of difficult collection, being due by several parties whom the late misfortune has left in the greatest destitution, and now exclusively depending on the charity of his excellency, the viceroy, who has sent $29.00 for the purpose, and of the most illustrious prelate, Don Jose Ignacio de Aransivia, who contributed $19.00. However, your lordship will determine as you deem just. May God preserve your lordship many years. ANTONIO MARTINEZ.

"Bexar, September, 1819.

"To the Intendant, Don Manuel de Acevedo.

"LUIS POTOSI, October 20th, 1819.

"Let this letter and accompanying documents be filed with the former proceedings existing in this intendancy, and be referred to the 'promoter fiscal,' and according to his request to the assessor.

"[L. S.]

ACEVEDO.

"Antonio Maria Guares, one quartillo;' fourth stamp, one quartillo; years eighteen hundred and sixteen and eighteen hundred and seventeen, one quartillo.

"[L. S.] [L. S.] One quartillo." Also the following:

"PROCEEDINGS OF SALE OF THE PROPERTY SEQUESTERED FROM THE REBELS FOR THE ACCOUNT OF THE ROYAL REVENUES. YEAR 1819. "The real estate sequestered in this capital from the rebels, having to be sold for the benefit of the royal treasury, in order that said royal treasury may not lose all its interests owing to the great depreciation suffered by said property, and by virtue of the orders received by me on the subject, I commission you jointly with the inhabitants, Don Vicenti Gortori, first regidor, and Don José Flores, agent of said property, to proceed to said sale, in accordance with the opinion of the assessor of the intendancy of San Luis Potosi, a copy of which I inclose to you in order that you may conform with it in all its points, and to form the heading of the proceedings to be instituted on the subject. I do likewise inclose a statement of the houses and lands which must be sold according to the last appraisement made by the experts, José Donaciano Ruiz and Francisco Zapata, master masons, for the houses, and for the lands by the farmers Francisco Flores, Don Santiago Seguin, Diago Perez, and José Gomez, to whom I did administer the oath to proceed to the appraisement; and you will inform me of the result, and forward said proceedings to me. May God preserve you many years. ANTONIO MARTINEZ. "Bexar, sixth of November, 1819. "To Captain Don Manuel Cedron.

"POTOSI, the twentieth of October, 1817. "Let the letter of the governor of the province of Texas and the accompanying inventory and statement of houses sequestered from the rebels of Bexar be filed, advising whether any of them may be sold, and let the whole be referred for advice to the assessor for such determination as he deems proper. The intendante corregidor' of this province, Don Manuel Jacinto de Acevedo, has thus determined and ordered and signed hereto, with assisting witnesses, in default of a notary, which I certify.

"Assisting, JUAN JOSÉ DOMINGUEZ.

66

"JOSÉ MARIA LOMA.

"To the Intendant.

"MANUEL DE ACEVEDO.

"Article 82 of the royal ordinance of December 4, 1786, gives power in case that in the territory of this province the case should arise to confiscate any property, it should be the special duty of your lordship to proceed to the alienation and to the collection of the proceeds, notwithstanding all pleadings and applications subsequently made. On this same subject orders were subse

quently issued referring to property confiscated from the rebels. Consequently, and whereas the governor of the province of Texas states at the beginning of the statement made on the nineteenth of September of this year that the confiscation from the inhabitants referred to in it was made by the order of the commanding general of the eastern provinces, the case referred to in said article exists, and therefore your lordship should order that the confiscated property, owing to the depreciation suffered by it, shall be appraised again by two sworn experts, thus modifying the prices formerly assessed, in order to facilitate a prompt sale, and to avoid a total loss to the injury of the royal treasury; and that said property, upon being thus appraised, be placed at auction for nine days, and afterwards cried three times, and at the last cry be adjudicated to the best bidder or bidders for parts, who may appear with proper security papers by individuals able to be good for their bids, and said securities shall be good and may be accepted in proceeding to the adjudication, provided that other parties do not offer a little more than two-thirds of the appraisement, this being the practice habitually observed by all courts; and your lordship should inform the commanding general of this determination, and subsequently refer these proceedings for the contemplated purpose to the said governor of Bexar, who will in due time report the results to the intendancy.

"San Luis Potosi, October 29, 1817.

"LICENCIADO JOSÉ RUIZ DE AGUIRRE. "SAN LUIS POTOSI, October 31, 1817. "Agreeably to the advice of the assessor, this will be communicated to the commanding general of the eastern provinces for his information. Thus his lordship has decreed and did sign hereto, which I certify. ACEVEDO. "Assisting, JUAN JOSÉ DOMINGUEZ.

"JOSE MARIA LOMA.

"I, Don Antonio Martinez, knight of the royal order San Hermenegildo, colonel in the royal armies, and civil and military governor for his majesty of this province of the Texas, New Philippines, etc., do certify that the foregoing opinion is a literal copy of that appearing in the proceedings referred from the intendancy of San Luis Potosi and existing in the archives of government in my charge, and for due authenticity I have signed hereunto at Bexar, the sixth of November, 1819. ANTONIO MARTINEZ,"

To this is attached: "Exhibit of property sequestered from the rebels to be offered at public auction, with statement of the value of the same according to the last appraisement." In this list is contained Miguel Losoya's suerte, and extended in a column of figures at 50. This list is dated Bexar, the sixth of November, 1819, and signed ANTONIO MARTINEZ.

Then follows a return by the commissioners of the sale, as follows: "Pursuant to your lordship's order to proceed to the sale and adjudication of the property sequestered from the rebels of this province, the same was placed at auction for the term of nine days, after which it was cried three times, as prescribed by the order of the intendant of San Luis Potosi, said property and grounds being adjudicated at the last cry, as appears from the documents which we return to your lordship, with others referred by you to this board, for your information, with the understanding that the buyers have been notified to keep the amounts in which the adjudication was made subject to your lordship's pleasure. The other property has not been adjudicated, because no bidders presented themselves.

"May God preserve your lordship many years. "Bexar, November 22, 1819.

MANUEL CEDRAN. "VICENTE GORTORI. "JOSE FLORES.

"To Governor Don Antonio Martinez.

"In the city of San Fernando de Bexar, on the twenty-second day of the month of November, in the year eighteen hundred and nineteen, we, the board of commissioners organized for the sale of the property sequestered from the rebels of this province by the order of the governor of the same, Colonel Don Antonio Martinez, viz., Captain Don Manuel Cedran, Don Vicente Gortori, first regidor of the ayuntamiento of this capital, and the inhabitant Don Josef Flores de Abrego, by virtue of the order of the said governor heading these proceedings, in consequence of the order received by that chief from the intendancy of San Luis Potosi, also herein inserted, to proceed to the sale of said property sequestered, as appears in the exhibit accompanying the order of said governor, the whole for the benefit of the royal treasury, do certify and, so far as we are able, do pledge our faith that, after having placed said sequestered property mentioned in the above-recited order and exhibit at auction for the term of nine days, and caused the same to be cried three times, according to the order of the intendant of San Luis Potosi, they were adjudicated at the last cry, which took place on the twenty-first instant."

Then follows a list of the property sold, including "that of Miguel Losoya, also in favor of Captain Don Francisco Garcia, in fifty-five dollars." The return proceeds:

"To which parties adjudication was made, being the only ones whose respective bids reached the limits specified, no other party having bidden over them, nor did buyers present themselves for the other property contained in the governor's statement; and for due authenticity, wherever it may be proper, we give the presents, signed by us on the aforesaid day, month, and year. "MANUEL CEDRAN, "VICENTE GORTORI, "JOSE FLORES,

"Presidial Company of Bexar.

"Received from the board commissioned by the governor of the province, Colonel Don Antonio Martinez, the sum of three thousand one hundred and fifty-five dollars, proceeds of the sale of rebel property in favor of the royal treasury, which shall be charged to this company, of which I am the fiscal agent, and used for the support of the troops in said province.

"Bexar, November 27, 1819.

"$3,155.00.

"Examined: MARTINEZ.

ALEXANDRO TRAVIÑO.

"The property sequestered from the rebels in this capital having been offered for sale by virtue of your lordship's order to me on the subject, I inclose to you the proceedings formed concerning said sale, together with the receipt of the sum of three thousand one hundred and fifty-five dollars, proceeds of the sale of said property, which amount was received by the financial agent of this presidial company for the support of the troops of this province, which had no means whatever. Therefore, I hope that, should your lordship deem it proper, the royal treasury department at Saltillo will be instructed to charge the same against the said Bexar Company. As to the property still remaining unsold, no bidder having presented himself, owing both to the depreciated condition of the same, and to the poverty of the population, which does not permit them to buy it; some purchasers might present themselves if it were sold on credit, which point I did not wish to determine, because, although some honorable persons may be found able to assume that indebtedness, the uncertainty of the crops and their reduced proportion might prevent them from meeting it. However, your lordship will determine as you deem advisable. Respecting the house sequestered from the rebel, Vicente Travieso, (which has been provisionally transferred to the ayuntamiento of this city by your lordship's order,) no bidder will ever appear, because it has been materially injured by the overflow, and it would be impossible for the whole

population to raise the four thousand five hundred dollars, amount of its reduced appraisement. May God preserve your lordship many years.

"Bexar, December 10, 1819.

"To the Intendant, Don Manuel de Acevedo. "Potosi, January 20, 1820.

ANTONIO MARTINEZ.

"To the promotor fiscal,' in whose office the former proceedings exist, Licenciado Ruiz de Aguerro: I return these proceedings, after having taken proper action thereon and on the former proceedings, without the respective requests, in order that the juez de letros' of the respective district may act as he deems just. LICENCIADO MARQUEZ.

"Potosi, April 16, 1821."

[ocr errors]

The next document is the deed of the commissioners, as follows:
"Translation of Deed. Nov. 23, 1819.
"Valid during the reign of our Lord Ferdinand 7th.
"4th stamp, 1819.

"The party interested paid in this revenue office, in my charge, the half 'real,' cost of this stamp. LUIS GALAU (Paraph.)

Bexar, November 23, 1819.

"In the city of San Fernando de Bexar, on the twenty-third day of the month of November, in the year eighteen hundred and nineteen, we, the commissioners of the board organized for the sale of property confiscated from the rebels of this province, by the order of the governor of the same, Colonel Don Antonio Martinez, viz., Captain Don Manuel Cedron, Don Vicente Gortori, first regidor of the ayuntamiento of this capital, and the resident José Flores de Abrego, by virtue of the order of the said governor, in consequence of the order received by said chief from the intendancy of San Luis Potosi, to proceed to the sale and adjudication of said confiscated property for the benefit of the royal treasury, do certify and do, so far as we can, bear evidence that after said property was offered in public auction, according to accustomed processes, the 'suerte' of Miguel Losoya was adjudicated in favor of Don Francisco Garcia in the sum of fifty-five dollars, being bounded on the north by the land of the widow of Vicente Amador, on the south by that of Cipriano Losoya, on the east by the wall of the mission of Balero, and on the west by the land of Don Francisco Collantes and Manuel Hirnines, which tract of land was delivered by said board to Captain Don Francisco Garcia in the specified sum of fifty-five dollars, which he paid in current money for the benefit of the royal treasury, in consideration whereof he shall possess it now and hereafter as its lawful lord and owner, remaining at liberty to sell it again, to donate or transfer it by inheritance to whomsoever it may be his will, so that no contradiction may be opposed as to the freedom in which he remains to make use of it; and for due authenticity, and in order that this evidence of sale may avail him as a title and muniment in the archives of the government, and that as many copies of the same may be delivered to the party interested as he may desire, we sign these presents in the city of Bexar on the day, month, and year above stated.

"I approve this sale.

"MANUEL CEDRON (Paraph.) "VICENTE GORTORI (Paraph.) "JOSÉ FLORES (Paraph.)

"MARTINEZ (Paraph.)" Among the depositions offered in evidence on the part of the plaintiffs were those of Juan N. Seguin and José Flores. The former of these, Juan N. Seguin, testified that he had resided in San Antonio from the year of his birth, 1807, until the year 1842; that in 1833 he was mayor of the city of San Antonio, and political chief pro tempore of the department of Texas; that in 1835 he was captain of a company of Mexican volunteers, and took part in the battle of San Jacinto in defense of the indepencence of Texas, April 21, 1836; that in 1838 he was elected senator in the congress of Texas,

« ΠροηγούμενηΣυνέχεια »