San José's Writ of Possession

Writ of Possession For Missión San José de San Miguel de Aguayo de Buena Vista

February 23, 1720

On the said day, month and year, I, the said Lieutenant General, set out from this Presidio (San Antonio de Béjar) to give possession, as I had been commissioned to do by his Majesty, accompanied by the Reverend Father Preacher Antonio Margil de Jesús, and Fr. Joséph Guerra taking the place of Fray Antonio de Olivares and Captain Alonzo de Cárdenas, Ensign Nicolás Flores, as well as many soldiers from this Presidio. Having reached a site where water can be drained from the San Antonio River to irrigate the land, I found Fr. Augustín Patrón and Fr. Miguel Nuñes de Haro there in a hut with a few soldiers. The latter had been placed there by Captain Alonzo de Cárdenas. I also found the Indian chiefs of those tribes. The priests, the Indian chiefs, and others went with me. We went down river following the direction where the irrigation ditch is to be. We traveled about ¾ of a league noticing the fertility of the land where irrigation could water many farm lands, as many as could be planted by a large number of people. This area seemed the best site for planting and settling, not only to me but to all the priests, the Indians, Captain Alonzo de Cárdenas, Ensign Nicolás Flores, and Captain Lorenzo García, the interpreter.

The land offered such rich pastures with plentiful wood for beams, quarry stones, and fire-wood. There are excellent exits and entrances along the river for the cattle, sheep, goats, and horses. We considered a slight elevation that is very even and spacious to be the best site for building the church and pueblo. I inquired about the number of leagues this was from Mission San Antonio. My companions replied that it is a little more than three leagues. Knowing this to be so, I dismounted and, in the presence of the Reverend Father and all, called the interpreter, Captain Lorenzo García who in turn told the Indians what is needed for taking possession. When the Indian chiefs understood it all, they said they wanted and do want us to give them land and water so that they may live there and be Christians. Not only did they agree to dig their irrigation ditches and cultivate their lands, but also promised to teach their sons to do the same, insisting that they want to obey the law of God. In addition, they promised to obey the father missionaries as they would also have their children do, and they would do and observe everything commanded for the service of God.

Seeing this and the eagerness with which they asked for it, in conformity with the royal ordinances in the new booklet and pursuant to the commission given me by the Governor, the author of these decrees, I grasped the hands of the said Indian chiefs and, taking them throughout the site, give them and do give them possession of the land and water. They accepted it all quietly and peacefully without any opposition. Going through the area, they pulled up grass, threw rocks, cut off branches from the brush land, and performed other acts of possession. They stated that they were satisfied with the land and the supply of water which the Governor in the name of the King had ordered us to grant. Captain Baldés pointed out to us that many advantages would accrue to us such as peace and quiet for this Province from this establishment of our pueblo of which we now take possession. God willing, our settlement here is to continue. Since our pueblo is so far north, and one part is a highly concentrated area of gentile nations, we can hope to have many conversions through a continuous communication among all the tribes.

Therefore, in accord with the royal ordinances and by virtue of the commission for the greater glory of God and his most holy Mother, the most pure Virgin Mary, Our Lady, in this place I establish this pueblo and mission. I hereby name it San Joséph de San Miguel de Aguayo de Buena Vista. In the name of the King (may God keep him), I give civil and criminal jurisdiction which by royal law is granted to the natives, as well as the boundary and territory fixed by royal ordinances. With due accord to the latter, I assign for the church the site indicated for the said possession with sufficient area for the cemetery and the rest. Allowance is made for the usual buildings such as the friary, the infirmary, the royal houses, the prison and all the other needed places. There is to be a large square plaza with 120 varas for each square. The houses are to be built in the usual manner as well as the streets. As arranged by royal ordinances, I have agreed to appoint a governor and other officials of the governing body in order to provide for the progressive increase of the pueblo, the establishment of good government, the setting up of a watch, their maintenance of good conduct, construction of homes and beds in order to sleep off the ground, the raising of chickens from Castile and from the land, and all the rest that promotes progress in the pueblo. Putting it into action in the name of his Majesty, I selected the chief of the Pampopas, named Juan, as Governor; Nicolás, chief of the Suliajame tribe, as Judge and Alcade; Alonzo of the Pastía tribe as constable; and Francisco of the Pampopa tribe and Antonio of the Suliajamas as Aldermen. To each I gave the insignia befitting his office so that he is to be obeyed as an official. Through the interpreter, I made them all understand their obligation of maintaining justice, the great dedication they must have in looking out for the progress of their pueblo, and their concern for the building of the church and whatever else is needed. Likewise, all were told about the obedience due their governor and alcaldes who have now been appointed for them and those who succeed them in the future.

They are to obey all that is ordained for the service of both Majesties and the welfare of their pueblo and mission. They are to attend the religious instruction which the missionaries provide them. All this was told them through the said interpreter. Through him, they declared that they would comply. The officials agreed to a whole-hearted acceptance of their said appointment. They are here present and say that this has indeed been to their great pleasure. They made it clear that they will comply with all that has been commanded them. Finally, they promise to maintain the pueblo and mission called San Joséph de San Miguel de Aguayo de Buena Vista. According to the said agreement, I drew up this decree of foundation. I submitted the transactions and decrees carried out by me according to the commission which his Highness gave me, to the governor of the town of Santiago de la Monclova. These authorized me to leave the Reverend Fathers Fray Miguel Nuñes and Fray Augustin Patrón together with the said soldiers assigned here by Captain Alonzo de Cárdenas at the pueblo and missions. By means of this decree, I approved, ordered, and signed the above as did the said Reverend Fathers. The interpreter did not sign because he did not know how. At his request a witness from among my attendants signed. With my other attendants, he had acted as receiving judge because there was no notary public nor royal agent in this region to witness as the law requires. To this I bear witness.

Juan Baldés (Lieutenant Gen. Captain of Presidio de San Antonio de Béjar)

Fr. Antonio Margil de Jesús, President Missions of Our Lady of Guadalupe

Signing for Lorenzo Garcia (at his request) Sebastián Gonzales Ortiz

Prepared By: Robert Garcia, Jr.

Helotes, Tx.