Conflict in Colonial Sonora: Indians, Priests, and Settlers

Appendix: The Tuape Indians’ Legal Struggle to Regain Their Lands

210 appendix the tuape indians’ legal Struggle to regain their lands aHP 318, 1658B, leg. 41 . The Tuape Indians’ Case As the file of documents opens, the natives of Tuape, destitute and without an advocate, have appeared before the governor of Nueva Vizcaya, don Enrique Dávila y Pacheco, in Parral, Chihuahua, requesting that he appoint them an attorney to defend their interest. The year is 1658 and Parral is a lengthy journey of many days from tiny Tuape, as the Natives are careful to point out. After the introductory documents, the time shifts backward. I have added to each different narrative the date or approximate date of the deposition or statement to offer the reader a chronological perspective. July (?), 1658 [In Parral, Chihuahua] Damian Sidaicavit, native governor of the town of Mátape in the province of Sonora and Francisco Huduri and Lorenzo Tenorat residents of said pueblo and natives of the pueblo of Tiape [Tuape]. For ourselves and for the Indian leaders and members of the pueblo, we appear before Your Grace in the best form that our right requires and we state that we have come on foot from our said and faraway towns more than 200 leagues away. We come as miserable, poor men and without any support other than that of Your Grace, requesting justice against the heirs of The Tuape Indians’ Legal Struggle 211 General Pedro de Perea, now deceased, so that we can tranquilly enjoy our lands, ancient lands by the river that was near our town of Tuape, lands that he has invaded with his livestock for more than twenty years,1 and that we be free to use our lands and to have them once again for the reasons and testimony that we present to Your Grace, judging it appropriate for our rights that Your Grace would serve us if Your Grace were to appoint for us a defender, which at this point the natives of this kingdom do not have, so that he can legitimately defend that which we request. We pray that with Your Grace’s great Christianity you will do that which we hope. Regarding this we ask and plead that you order that we be provided with a defender and once that is done order him to defend us in keeping with our right and the justice that we request and in everything else. Damian Sidaicavit, governor. Parral, July 23, 1658 Order: As presented [the document below] Alférez Diego de Alarreta will be appointed defender of the natives. If he accepts the appointment, the oath will be administered by don Enrique Dávila y Pacheco, knight of the order of Santiago and governor and captain of war of this kingdom of Nueva Vizcaya. Approved and signed. [Signature] In Parral in the said day, month, and year before the said señor governor and war captain, Diego de Galarreta [Alarreta] appeared and having been notified through the above document, stated that he accepted and will accept the said task of defender and in his acceptance swore to God our Lord and the sign of the cross in the proper form that he would do everything properly and faithfully following his loyal understanding, with no fraud. He stated that he would discern and did discern the assigned task given the power and authority as stated by law, that in every way possible he will represent the case of the said Indians. And he signed as defender. [Signature] Presentation of Tuape Indians’ Case, Perhaps by Pedro Talemuche, Indian Governor of Mátape: A Summary by the Scribe April 3, 1657 In the real and mines of San Pedro de los Reyes, province of Sonora, third of April, 1657, in the presence of Captain don Francisco Coto, alcalde mayor and war captain of said province for His Majesty. The following made a appendix 212 presentation: Pedro Talemuche, governor of the pueblo of Mátape and its settlements of Indians, Ygnacio Cabairu and Lorencho Batorochi, both topiles2 of the settlements of Tuape and Uparo representing the remaining natives and descendents of those pueblos of Tuape and Uparo for whom we3 certify that they will be and will approve of what we are doing. We appear before Your Grace and in the best and proper legal form we will make a claim against don Pedro de Perea and Captain Juan de Munguía Villela, husband and his wife, doña...