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Show viii THE SPANISH ARCHIVES OF NEW MEXICO PREFATORY NOTE general, Don Antonio de Otermin, were forced to evacuate the capital after a siege continuing five days, retiring to Paso del Norte, which became the seat of government and military operations of the Province until the re-conquest under General Don Diego de Vargas Zapata Lujan Ponce de Leon in 1692-94. The Spanish archives of this State have been a subject of enduring interest ever since the occupation of New Mexico by American troops in 1846. From the time of the re-conquest until the American Occupation period the archives were well cared for by the Spanish and Mexican authorities. The Spanish and Mexican governments were extremely zealous in the administration of the regulations governing their custody and care. At the time of the Occupation these archives were in the charge of Don Donaciano Vigil, who had been the sole custodian, during many administrations, since 1824. On the 22d of September, 1846, Vigil was appointed secretary of New Mexico and ex-officio recorder of land titles and custodian of the archives, by General Stephen 1In1847, after the assassination of GovernW. Kearny. or Charles Bent, he succeeded to the civil governorship but continued as official custodian until New Mexico became a Territory of the United States in 1851. A recital of the historical events in connection with the custody of these documents will be of interest. It is recorded that no sooner had the Americans assumed control than reports were forwarded to the authorities at Washington, declaring that the ‘‘ prefect at Paso del Norte has for the last few months been very active in disposing (for his own benefit) of all lands in that vi- 7 LTS eats noe Oat Ceres ye ees. $4 od4 5 ba yO CUT TP es 3 eek J See ergeieree ee . es bah a ae feeie Z » ix cinity that are valuable, ante-dating the title to such purchases.’’ Thus early was the taint of fraud given to archives, the value of which was so little appreciated by the soldiers of the American army that during the occupation of Paso del Norte by Colonel Doniphan’s troops, they, in considerable quantity, were thrown into the street to make room for office headquarters and burned. Professor J. H. Vaughan, A Preliminary Report on the Archives of New Mexico, Appendix “CO,” Report, American Historical Association, 1908, p. 471, has fallen into error where he states that ‘““The Federal authorities then in control allowed the documents to remain in the custody of the Territorial authorities, and this custody continued to be exercised without question until 1903.”’ On the contrary, the general government, almost immediately after the Territory of New Mexico was created, took steps for their preservation. He also errs in his conclusion that ‘‘There is no question that many of the more important papers relating to, or bearing directly on, the question of land titles in the Territory were borrowed from the general stock and were not returned,’’ for, in truth, after the Segregation by Sur- veyor-General Pelham, the number of archives relative to land titles was materially augmented by the filing of title papers in his office by land owners. Pursuant to the provisions of the Act of Congress of July 22, 1854 (10 Stats., p. 309), under which was created the office of surveyor-general of New Mexico, the first appointee, William Pelham, was instructed, upon his arrival at Santa Fe, to make application to the goyernor (Merriwether) for ‘‘such of the archives as re- |