Power of Attorney

[John David Inclan]

Power of Attorney by Soldiers at the Presidio de San Antonio de Bexar
Dated 25 September 1735

This document authorized their commanding officer, Captain Joseph de Urrutia , or Dõn Juan de Angulo, a merchant in Mexico City, to collect their annual salaries and apply 12,000 pesos of this on Urrutia’s taxes. Urrutia was then to reimburse the soldiers with merchandise in San Antonio. Excellent census of the military in Bexar at time.

Power of Attorney

In the royal presidio of San Antonio de Bexar, jurisdiction of these provinces of Texas, kingdom of the New Philippines, on the 25th day of the month of September , 1735, before me, Dõn Manuel de Sandoval, captain of Spanish infantry, governor and captain general of these said provinces of Texas, their presidios, conversions, and frontiers, commandant of the governors of Coahuila and Pensacola and of the witnesses with whom I am acting as a Juez Receptor in the absence of a royal notary or notary public, since the notary of this jurisdiction is in prison and there is no other as prescribed by law, there appeared, in person, Lieutenant Dõn Matheo Perez; Ensign Dõn Juan Galvan; Sergeant Ascencio del Razo; and Privates Juan Cortinas; Joseph Miguel de Sosa; Marcelino Martinez; Andres Hernandez; Manuel de Carvajal; Nicolas de Caravajal; Xivier Perez; Joseph Antonio Flores; Marcos Rodriguez; Joseph Maldonado; Juan Antonio de Luna; Antonio Guerra; Bacilio del Toro; Joseph Quinones; Nicolas Quinones; Sebastian Rincon; Pedro del Toro; Joseph Montes; Jacobo Hernandez; Diego Hernandez; Dõn Pedro de Ocon y Trillo; Francisco Flores; Lorenzo de Castro; Miguel de Castro; Matin Flores; Bacilio Jimenez; Mathias de la Zerda; Joseph Martinez; Joaquin de Urrutia; Pedro de Urrutia; Andres Garcia; Joseph de Sosa; Geronimo de la Garza; Joaquin Flores; Miguel Guerra; Francisco de la Pena; and Jose Cisneros, all officers and enlisted men of this royal presidio, all of whom I certify I know, and they said that they unanimously, by common consent, together and individually, as a group, do hereby grant by these present such power as may be necessary and required by law, to their captain, Dõn Joseph de Urrutia, in the first place, and, in the second place, to Dõn Juan de Angulo, a resident and ware-house keeper in Mexico City, as paymaster for the said officers and men so that in their name and representing their persons, rights, and acts, they may, during the present year of 1735, appear, and they shall appear, each one for himself and for all the others, before the Most Illustrious and the Most Excellent Archbishop and Viceroy of this New Spain and for the necessary warrants for collecting their salaries of 380 pesos which His Majesty has assigned to each of the forty signers, plus 65 pesos for the Lieutenant, Ensign, and Sergeant, all of which amounts to 15,265 pesos, and 240 pounds of power, representing the six pounds which his Majesty likewise gives to each of the said signers every year, all of which is to be issued by Royal Treasury in Mexico City, where the official royal judges, in view of the said warrant from the Most Illustrious and Most Excellent Archbishop and Viceroy, will deliver, in cash to satisfy the aforementioned signers, and in their name, to the aforementioned paymasters and agents, Dõn Joseph de Urrutia and Dõn Juan de Angulo to whoever may represent them. The said sum and the quantity of powder, and they now and forevermore will consider themselves satisfied with such amounts as the said agents may receive. Furthermore, they state that they may issue such receipts and quittances as may be necessary to collect the same, plus affidavits that they have received same or the renunciation of laws connected therewith. They shall present before his Excellency the necessary memorials and other documents as may be necessary for that purpose. They hereby grant and give unto the said Dõn Joseph de Urrutia and Dõn Juan de Angulo the present power-of-attorney with full authority and power to appoint one, two, three, or more substitutes, and the latter may appoint as many more as may be necessary, without any restriction whatever, for they de hereby authorize and empower each and every one of them to institute legal proceeding and swear to oaths whenever necessary, on the condition that the said agents shall pay and deliver the amount or value of the salaries to which the undersigned are or shall be entitled from the Royal Treasure, to Dõn Joseph de los Rios, royal tax collector, the amount of 12,000 pesos, which, by order of the present governor of this province of Texas, is to be charged against the Royal Treasury and delivered to them in merchandise through their said captain and agents, Dõn Joseph de Urrutia in exchange for equal amount, as principal and cost, which the aforesaid captain owes as royal taxes to His Majesty, which said sum the undersigned acknowledge as having received. In view of the above, and since the aforesaid sum of 12,000 pesos is due the Royal Treasury before any sum or sums which the said undersigned or afore-mentioned agents may owe. In case the afore-said sum should not be paid by their agents Dõn Joseph de Urrutia and Dõn Juan de Agulo, the undersigned do hereby annul and cancel the power which they give and confer upon their said agents, and they transfer and change the same with full authority, as stated herein, to Dõn Joseph Luis de los Rios, or to such agent as may be appointed by him as his lawful representative so that he, as royal collector, may deliver and pay to the Royal Treasury the sum of the salaries due the said undersigned for the present year, in the amount of twelve thousand pesos, receipt whereof is hereby acknowledged. Whatever is left, up to the total amount due the said soldiers for their said salaries, shall be placed at the disposal of the undersigned. For the execution of the above they have bound their persons and present and future assets, and they hereby authorize the justices and judges of His Majesty to whom there presents shall come to make them observe and fulfill same to the full force and extent of the law as though it were a sentence pronounced, passed, and agreed to in a case which had been tried in court by a competent judge. They ask and begged me to interpose my royal and judicial authority, and I, the said governor, in the name of His Majesty, do hereby interpose same insofar as I can and should according to law. Done before me and the attendant witnesses with whom I am acting according to law as stated above, and those who knew how to write their names signed same with me, and for those who could not write their one of the following witnesses signed for them,: Dõn Fermin de Ibiricu, Dõn Ignacio Gonzalez de Inclán, and Alberto Lopez, who were present and all of whom reside in this said presidio. This has been placed on common paper because there is no stamped paper as provided by law. I certify.

(The signatures of the following appear: Dõn Manuel de Sandoval, the governor; his official witness, Joseph Antonio Bueno de Roxas and Domingo de Oyez; Mateo Perez; Juan Galvan; Juan Cortinas; Marcelino Martinez; Martin Flores y Valdez; Basilio Jimenez; Joaquin de Urrutia; Miguel Guerra; Pedro del Toro; and Pedro de Ocon y Trillo. Fermin de Ibiricu and Ignacio Gonzalez de Inclán signed for the others who did not know how to write).
From the Bexar Archive Translations, Vol. 7, pp 123-133. Bexar County Courthouse Archives. (Translations also in UT Baker Library at Austin, Texas).