Summary of Case Maria Simona de Jesus MORAZA and Santiago Felipe del FIERRO vs. Macario ZAMBRANO and Juana de OCONITRILLO for Cruelty, 12/28/1792 - 8/12/1793 USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. RESIDENTS OF TEXAS, 1782-1836 COPYRIGHT 1984. Transcribed & Reprinted by The TXGenWeb Project with permission The University of Texas Institute of Texan Cultures at San Antonio, 801 South Bowie Street, San Antonio, Texas 78205 Library of Congress Catalog Card No. 84-080376, ISBN: 0-911317-33-3 Transcribed by Michaele Burris. ================================================================ Summary of Case Maria Simona de Jesus MORAZA and Santiago Felipe del FIERRO vs. Macario ZAMBRANO and Juana de OCONITRILLO for Cruelty. Residents of Texas, 1782-1836, Vol 3, pp. 178-181. 12/28/1792 - 8/12/1793 December 28, 1792 - August 12, 1793 Coahuila-San Antonio de Bexar-Chihuahua Summary of Case Maria Simona de Jesus MORAZA and Santiago Felipe del FIERRO vs. Macario ZAMBRANO and Juana de OCONITRILLO for Cruelty. December 27, 1792 Coahuila Ramon de CASTRO's letter to Manuel MUNOZ forwarding the case started by the slaves of Macario ZAMBRANO, for the Governor to carry out the Viceroy's decision. Microfilm Edition of the Bexar Archives, Roll 22, Fr. No. 967. I am sending Your Lordship the expediente of the lawsuit filed by the slaves of don Macario ZAMBRANO so that you will comply with the Auditor de GUERRA's opinion and his most Excellent Viceroy's decree. May God Keep Your Lordship many years. Coahuila. December 27, 1792. Ramon de CASTRO (Rubric) To: Senor Governor, Don Manuel MUNOZ August 9, 1791 - August 12, 1793 San Antonio de Bexar Maria Simona de Jesus MORAZA and Santiago Felipe del FIERRO vs. Macario ZAMBRANO and Juana de OCONITRILLO, for Cruelty. Saltillo Archives, Vol. 5, pp. 79-146. The proceedings begin on August 9, 1791, with a writ presented by Macario ZAMBRANO's wife, Juana de OCONITRILLO, to Governor Manuel MUNOZ, in which writ she stated that her slaves, Maria Simona de Jesus MORAZA and Santiago Felipe del FIERRO, husband and wife, left her house because of a "slight slapping given to Maria by Juana's daughter, to correct Maria's disrespectful ways toward her owners", and that she, (Juana), was requesting for the governor to issue an order so that she could force the slaves to return to her house. On August 11, Governor MUNOZ ordered the alcalde to start an inquiry because the slaves in question had appeared before him and had presented a formal complaint against the ZAMBRANOS for their cruelty. On the same day Alcalde Francisco de AROCHA started the investigation. He reported that he had gone to Juana de OCONITRILLO's house to question her, but because she was absent, he had questioned instead, her daughter-in-law, dona Concepcion de la Santa. That during the questioning, dona Anastacia, daughter of the said Juana de OCONITRILLO had walked in, and after he had informed her of the matter in question, she had stated in very harsh words: "that it had been her who had punished the slave because the slave was a Mulatto who had taken advantage of her father, and because she had been badly brought up, for she had dared to tell a Spaniard that she was lying". That to this charge the slave had stated "that it was true she had contradicted (Anastacia) because what she had ordered her was null, and that she could prove it since several men had been present". That that night, he had returned to the ZAMBRANOS' house with the slave Maria, and that he had found dona Juana, the slave's "true master". That he had informed her of the governor's order, to which she replied that "she had not been the one who had punished the slave but her daughter, and that if that had been the reason for the slave to have gone to file a complaint, (the slave) had been punished justly, because her daughter was also (the slave's) master and had a right to do so". That to this, both the daughter and the daughter-in-law had agreed in the presence of their mother and had promised the slave the most "exquisite punishments". That upon hearing this threat of both the daughter and the daughter-in-law, and seeing that her master had not objected to it, the aforesaid Maria had said that "she did not want to stay there and that she had decided to return with the alcalde". Concerning the slave Felipe, Alcalde Francisco de AROCHA reported that "the Mulatto had appeared before him and had stated that his master (Juana de OCONITRILLO) had told him to leave the house too since his wife had left to look for money". That he had advised Felipe to talk with the governor, who later had advised Felipe "to file for a petition to be allowed to work some place else until his owner Macario ZAMBRANO returned to the city". On August 12, Governor MUNOZ ordered Macario ZAMBRANO's slaves to appear before him. MUNOZ asked them questions concerning the motives they had had for leaving their masters' house and that which they were requesting. The slaves Santiago Felipe and his wife, Maria Simona de Jesus, stated that "the reason for having left their masters' house was because of a disagreement Maria had had with one of her master's daughters named Maria Anastacia, who had beaten Maria and had insulted her with words not to be used in public--and she showed the bruises where she had been kicked". Maria also stated that "because of this she had sought refuge with the governor". After Maria refused to stay with her masters, she requested to be allowed to work some place else until the return of her master Macario ZAMBRANO from Santa Rosa, who at the time of his departure had offered Maria to reduce her price value, if she would remain at home. Maria stated that "this offer came about as a result of another disagreement they had had on the same day with their masters' son, Pedro ZAMBRANO, who beat her husband Santiago de FIERRO with a stick, until the said stick broke. That because of the offer given her by her master don Macario she had stayed with her owner Juana de OCONITRILLO, without any difficulties, until this last time when she had been maltreated". Santiago Felipe testified that "his reason for leaving his master's house was because his wife left, reason for which his master Maria Anastacia mistreated him and accused him of being a thief in the presence of his principal master dona Juana de OCONITRILLO, who did not reprimand (her daughter), but rather told him to look for his money (arrange his sale), for which reason he went to see the senor Alcalde, don Francisco de AROCHA, who advised him as a father to a son, to return to the servitude of his masters, which he did three times, and the three times the said his master told him to go to look for his money, because she did not need him for anything, for once she was lacking the service of his wife, she might as well lack his too". In view of that stated by the deponents Santiago Felipe and Maria de Jesus, the governor "advised them to forget about their feelings and to return to their masters' services". After discussing it, they stated that "if they were forced to return to their masters, they would enter through one door and would go out the other, for they would run away because of the ill-treatment they had received, and what they wanted, in order to remedy the ill-treatment they had received, was to have their owners issue a paper allowing them to look for an owner willing to buy them for their actual value". Immediately thereafter, Governor MUNOZ ordered the alcalde to "notify the said don Macario ZAMBRANO and his wife, dona Juana de OCONITRILLO, of that which the said slaves had requested on the 12th of the present (month and year), so that they may expose that which in accordance to their rights is most convenient to them". On August 19 the alcalde notified don Macario ZAMBRANO and his wife, of the slaves' statement of August 12. Macario ZAMBRANO's wife, because don Macario was ill in bed, replied that "in spite of the twenty days the slaves had been gone from her house, she was willing to give the slaves the paper (allowing) them to look for their money (master), paper which she had never denied them, and that she would give them until tomorrow, August 20, and if by then they failed to find an owner to purchase them they were to return to her service". On August 22 Alcalde AROCHA summoned Felipe del FIERRO and his wife Maria Simona de JESUS and made them know the reply given to their request by their master dona Juana. He delivered to them the paper allowing them to find a master who would purchase them within the term given by their master. When the term of three days expired and they failed to find an owner to purchase them due to the high cost and the old age of the woman Maria, and because "after twenty-seven years of service she had had with the said dona Juana and her husband, he wanted the same price he had paid for her", the alcalde advised them to return to their masters. They again refused and the woman slave stated "that her master had told her not to come near her house, and if she returned, she would keep her and her husband under her service with shackles: and fearing this, they did not want to return and they would try to see if there was anyone at La Bahia willing to buy them". On September 15 Maria appeared before AROCHA and told him that she had found someone at La Bahia willing to purchase her, but at a lower price wanted by Juana de OCONITRILLO, because "Maria was 50 years old and therefore could not accomplish but half the work produced for the ZAMBRANOS". On October 18 AROCHA ordered Maria and Felipe to return to the ZAMBRANOS' house, since apparently the man at La Bahia had decided against their purchase. But both of them again refused to obey. On October 20 the governor requested ZAMBRANO to lower Maria's price because of her old age so that the purchase could be arranged. On October 29 AROCHA notified ZAMBRANO of Juan BARRERA's offer of 250 pesos for the purchase of Maria de JESUS and Santiago Felipe. On December 24 Francisco de AROCHA remitted these proceedings to the governor. On April 25, 1792, Pedro ZAMBRANO, executor of Manuel ZAMBRANO's estate, wrote to Governor MUNOZ complaining about the fact that "his mother's petition of August, 1791, had been ignored, for she was still doing without the services of the slaves Maria and Felipe, who were supposed to serve her for life: and that he was requesting, on his mother's behalf, that the said slaves be forced to go back to her house to work". On April 28 Francisco de AROCHA filed suit against Pedro ZAMBRANO for contempt. A dispute followed between Pedro ZAMBRANO and Francisco de AROCHA, with lasted until the slaves' case was sent to the Commandant General, Ramon de CASTRO, who in turn sent it to the Viceroy, Conde de Revilla GIGEDO, on October 29. On November 19 the Auditor of War ordered the slaves to be questioned as to whether they intended to follow their complaint against the ZAMBRANOS or wanted to return to their service. On January 21, 1793, Manuel MUNOZ, at San Antonio de Bexar, summoned the slaves Santiago del FIERRO and Maria MORAZA, and notified Juana OCONITRILLO of the Auditor's order. The slaves insisted on being sold to Juan BARRERA and requested from the viceroy to order a revaluation of their value, since Maria had been 14 years old when she was sold to the ZAMBRANOS and was 52 years old at the time of this petition. Galindo NAVARRO, the Assessor in Chihuahua, ruled on June 21, 1793, that "since the slaves were not free at the time of the presentation of their writ requesting their sale to a better owner; and since the rightful owner could not be forced to sell their slaves, unless extreme cruelty toward the slaves was proven; and since the slaves had insufficient grounds to request their sale, the slaves were to return to the ZAMBRANOS' house". Manuel MUNOZ' letter of August 12, 1793, to Pedro de NAVA, brought the conclusion of the case. June 26, 1793 Chihuahua and San Antonio de Bexar Pedro de NAVA's letter to Manuel MUNOZ concerning decision in the case started by Macario ZAMBRANO's slaves, Felipe del FIERRO and Maria Simona de JESUS. Microfilm Edition of the Bexar Archives, Roll 23, Fr. Nos. 568-569. After having received the expediente (file) of the case initiated at the request of the slaves of don Macario ZAMBRANO, Felipe del FIERRO and Maria Simona de JESUS, I have decided to rule against their request for their sale because the motives they presented for wanting to be sold to Juan BARRERA were insufficient and groundless. I am notifying this resolution to Your Lordship for your knowledge and that of the aforesaid slaves. May God keep Your Lordship many years. Chihuahua. June 26, 1793. Pedro de NAVA (Rubric) To: Governor of Texas Antonio de Bexar. The orders given by Senor Brigadier Commandant General, don Pedro de NAVA, on the preceding letter, should be fulfilled. And for this effect, I ordered that the slaves of don Macario ZAMBRANO be summoned to appear before this government. After Felipe del FIERRO and his wife Maria Simona de JESUS appeared before me, and in the presence of the attesting witnesses, the aforesaid superior order was read. This, they stated they had understood. They did not sign because they did not know how to write. I, the present governor, don Manuel MUNOZ, with my attesting witnesses, with whom I act as receptoria in the absence of a scribe, for there is none in this Province of Texas, did it on their behalf. Thus I certify: Manuel HUNOZ (Rubric) Attesting Witnesses: Julian de SOTO, Rubric Andres Benito COURBIERE, Rubric