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TUMACACORI
Historic Resource Study |
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Chapter 7
Notes
1Story of Pioneer Days of Mrs. Sarah N. Black of Tubac, Arizona. Related on February 14th, 1926. Arizona Historical Society, Tucson. "Pioneer Teacher in State is Dead," Arizona Daily Star, January 15, 1929.
3The U.S. attorney for the Court of Private Land Claims estimated that claims presented in that court alone totaled 34,053,340 acres of the 77,868,640 acres in New Mexico. According to Bradfutes (1975:5,fn9), however, "The figure must be reduced by about 19,000,000 acres, as it included about 12,000,000 acres for the Peralta claim, located mainly in Arizona, and over 7,000,000 acres for the Conejos, Las Animas, and Corpus Cristi claims in Colorado." The Peralta claim, of course, was a fraud; the eighteen other claims in Arizona amounted to 850,050 acres (Walker and Bufkin 1979). Those figures did not include grants continued by Congress prior to the creation of the court in 1891, such as the Sangre de Cristo (1,000,000 acres) or Maxwell (1,700,000 acres) grants in New Mexico.
4"An Act to confirm certain private land claims in the Territory of New Mexico," U.S. Congress, June 21, 1860, 12 Stats., 71, c. 167, Section 6.
5Consolidated case No. 2719, United States Circuit Court of Appeals for the Ninth Circuit, pp. 9-12. Ms. 131, Box 5, F 65, National Archives, Pacific Region, Laguna Niguel Office. Unfortunately, the copy of Consolidated case No. 2719 in the National Archives dealing with the sale of May 1, 1864 is not complete. Any mention or legal descriptions of the sale of Baca Floats Nos. 2 and 4 have been excised, presumably because the case only dealt with Baca Float No. 3. The document lists the various heirs selling their shares:
...for and in consideration of the services of John S. Watts, for many years, in and about the business of said heirs of Luis Maria Baca, as the attorney of said heirs, and for the further consideration of three thousand dollars, paid by the said John S. Watts, to Tomas Cabeza de Baca, our attorney in fact, have bargained, sold and conveyed, and by these presents do bargain, sell and convey to the said John S. Watts, of Santa Fe, New Mexico, and to his heirs and assigns forever, all our right, title and interest and demand in the following lands located upon by us as the heirs of Luis Maria Baca, under the 6th section of an act of Congress approved June 21st, 1860, to wit: ****
And also Location No. 3, Situate in the Territory of Arizona, formerly in Dona Ana County, New Mexico, and described as follows, to-wit:....(p.11)
The asterisks presumably indicate where the legal descriptions of Baca Floats 2 and 4 were located. On page 15, of the same Consolidated case No. 2719, however, the document describing the sale of Baca Float No. 5 states:
...the said Heirs of Luis Ma. Baca, above mentioned, now ratify and confirm the title made by us by our attorney, Tomas Cabeza de Baca, to John S. Watts, his heirs and assigns, on the 1st day of May, 1864, for the lands described in Location Number Two, situate on the Canadian River in San Miguel County, New Mexico, and Location Number Four, situate in Saguatch County, Colorado Territory, and Location Number Three, situate in Arizona Territory, containing each 99,289 39/100 acres, the boundaries of which are set forth and described in said deed;.... (p.15).
6On May 30, 1871, the Baca heirs sold Watts Baca Float No. 5 in north-central Arizona for $6,800. Op cit, pp.13-15.
7John S. Watts to Surveyor General John A. Clark, Santa Fe, June 17, 1863. op cit, pp.3-4.
8U.S. Supreme Court, Lane v. Watts, 234 U.S. 525 (1914).
9John S. Watts, March 2, 1863, op cit, pp.20-21.
11John S. Watts to Honorable J.M. Edmunds, Commissioner of Land Office, op cit, p.4.
14Testimony of George Roskruge, witness of defendant Joseph E. Wise, in Cornelius C. Watts and Dabney C.T. Davis, Jr. vs. Santa Cruz Development Company, James E. Bouldin, Jennie N. Bouldin, Joseph E. Wise, Lucy J. Wise, Margaret W. Wise, Jesse H. Wise, David W. Bouldin, Helen Lee Bouldin, M.I. Carpenter, Patrick C. Ireland, Ireland Graves, Anna R. Wilcox, Eldredge J. Hurt, and W.G. Rifenburg, District Court of the United States for the District of Arizona, Ms. 131, Box 5, F68, National Archives, Pacific Region, Laguna Niguel Office. DATE??? Roskruge was surveyor for Pima County for many years.
15Testimony of John S. Magee, op cit, p.188.
16John H. Watts to Commissioner of the General Land Office, Santa Fe, August 15, 1877. Commissioner J.A. Williams to Watts, Washington, D.C., September 20, 1877, op cit, pp.60-63.
17According to Mattison, Poston claimed to be an assignee of the Baca heirs. (Mattison 1967:87 fn55). D.B. Gracy's Abstract of Title makes no mention of Poston's claim.
18Deed and Power of Attorney, John Watts et al to David W. Bouldin, September 30, 1884. Abstract of Title to Forty-nine thousand, six hundred forty-four and 695/1000 acres of land more or less, being the North half of what is known as the Baca Float No. Three and situated in the County of Santa Cruz in the State of Arizona, D.B. Gracy, Attorney-at-Law, Austin, Texas. Arizona Historical Society, Tucson, AZ.
19In the Abstract of Title there is indeed such a power of attorney conferred on "James Eldredge of the City of Paris, in the Empire of France."
21Watts and Davis vs. Santa Cruz Development Co., U.S. District Court of Arizona, op cit, pp. 65-77.
22James Eldredge to General John C. Robinson, Astor House, New York, Wednesday, 188. Santa Cruz County Court Records, Ms. 185, Arizona Historical Society, Tucson, AZ. Unfortunately the copy of this letter left out the last digit of the year the letter was written. The Eldredge family clearly had a significant interest in Robinson's machinations over the Baca float. And since Hawley's middle name was Eldredge, James and Charly Eldredge may have been his uncles or cousins if Eldredge was his mother's maiden name. My thanks to Philip Halpenny for bringing this cynical letter to my attention.
23John C. Robinson by James Eldredge, Atty. To D.W. Bouldin, Agreement fled in the City of Washington, District of Columbia, June 8, 1885. Abstract of Title, op cit. Eldredge, now practicing in New York, is Robinson's attorney.
24Watts and Davis vs. Santa Cruz Development Co., et al., U.S. District Court of Arizona, op cit, pp. 129-31.
25Ibid., pp.118-165. Abstract of Title, op cit.
27Testimony of J.H. Watts, Watts and Davis vs. Santa Cruz Development Co., et al, U.S. District Court of Arizona, op cit., pp. 107-108.
29Testimony of Joseph E. Wise. Watts and Davis vs. Santa Cruz Development Co., et al, U.S. District Court of Arizona, op cit., pp. 180-187.
30Commissioner of the General Land Office Wm. A.J. Spar to Morgan R. Wise, Washington, November 8, 1887. Copy on file in Department of the Interior correspondence regarding Baca Float No. 3, Arizona State Library, Archives and Public Records, Phoenix, AZ.
31Mrs. A.M. Ireland to Joseph E. Wise, April 8, 1907, Wilbur King to Wise, April 24, 1907. Abstract of Title, op cit.
32Testimony of John Watts, Watt and Davis vs. Santa Cruz Development Co., et al, U.S. District Court of Arizona, op cit, pp. 102-108.
33Wise Papers, 1879-1922, Ms. 879, Arizona Historical Society, Tucson, AZ
34Testimony of George Atkinson, Watts and Davis vs. Santa Cruz Development Co., et al, U.S. District Court of Arizona, op cit., pp.51-52.
35Testimony of Joseph E. Wise, op cit, pp.186-187
36of Joseph E. Wise, As to the 1/19 Interest of the Son Antonio Baca. Watts and Davis vs. Santa Cruz Development Co, et al. U.S. District Court of Arizona, op cit.
37Jesse Wise and Marcos Baca to Joe Wise, July 21, 1915. Wise Papers, op cit.
38Juana L. Baca et al to Marcos C. de Baca, August 20, 1913, County of Sandoval, New Mexico. Teofila Baca et al to Marcos C. de Baca, August 20, 1913, County of Santa Fe, New Mexico. Martina H. Baca et al to Marcos C. de Baca, August 21, 1913, County of Sandoval, New Mexico. Marcos C. de Baca to Jos. E. Wise et al, August 25, 11913, County of Sandoval, New Mexico. Abstract of Title, op cit.
39Teodora Baca and Manuel Baca to J.E. Wise, March 13, 1907, County of Cochise, Arizona. Abstract of Title, op cit. Wise Papers, op cit.
40Secretary of the Interior E.A. Hitchcock to the Commissioner of the General Land Office, Washington, July 25, 1899, pp. 6-7. U.S. Department of Interior, Bureau of Land Management, Phoenix, AZ 10.1.13. Baca Float No. 3. Microfilm at Arizona State Library, Archives, and Public Records (ASLAPR), Phoenix, AZ.
43Secretary of the Interior E.A. Hitchcock to Commissioner of the General Land Office, Washington, December 11, 1899. Op cit.
44Sabino Otero, January 25, 1900. Op cit.
46Affidavit of Charles D. Poston, January 13, 1900. Op cit.
47Secretary of the Interior E. A. Hitchcock to the Commissioner of the General Land Office, Washington, D.C., March 5, 1901. Op cit.
48Barnes & Martin, Attorneys for Key et al., and John B. Wright to the Secretary of the Interior, January 29, 1901. Op cit. The date does not appear on the printed version, but in a handwritten note on the cover, so it may not be accurate.
49Surveyor General Frank Ingalls, Phoenix, September 27, 1905. Copies of Ingalls' letter were sent to J.W. Maxwell, Kingan & Wright, J.M. Jameson, Barnes & Martin, Alex F. Matthews, Geo. W. Atkinson, James W. Vroom, W.H. King, W.L. Campbell, T.D. Casanega, Antonio Marena, Will H. Walker, Isabel N. Mercer, Edwin Fagon, Francisco Q. Aceveda [sic], Joe Wise, J.N. Curtis, Mark Lully, and William P. Blake, on October 2. Op cit.
50G.M. Atkinson to Frank S. Ingles [sic], Surveyor General of Arizona, Calabasas, December 17, 1905. Op cit.
51U.S. Surveyor General Frank Ingalls to the Commissioner of the General Land Office, Phoenix, November 5, 1906, p. 4. Op cit.
52Affidavit of William P. Blake, op cit.
53Affidavits of Thomas Gardner and William W. McCoy, op cit.
54Affidavit of Joseph King, op cit.
55Ingalls to Commissioner, November 5, 1906, op cit. pp.5-6
58First Assistant Secretary Pierce to the Commissioner of the General Land Office, Department of the Interior, Washington, June 2, 1908, Decisions Relating to the Public Lands, pp. 456-57. Op cit.
61Surveyor General to Commissioner of the General Land Office, September 21, 1908, op cit. Note that September 12 was not sixty days after notification.
62Statement and Brief Before the Honorable Frank S. Ingalls, Kingan & Wright, Attorneys for the Mine Owners and Settlers, n.d., op cit.
63U.S. Supreme Court Lane v. Watts 234 U.S. 525 (1914).
64Reminiscences of Alexander J. Davidson As told to Mrs George F. Kitt 1930-36. Ms. 208, Arizona Historical Society, Tucson.
66C. Watts and Dabney C.T. Davis, Jr., Plaintiffs, vs. Santa Cruz Development Company, James E. Bouldin, Jennie N. Bouldin, Joseph R. Wise, Margaret W. Wise, Jesse H. Wise, David. W. Bouldin, Helen Lee Bouldin, M.I. Carpenter, Patrick C. Ireland, Ireland Graves, Anna R. Wilcox, Eldredge J. Hurt, and W.G. Rifenburg, Defendants. U.S. District Court of the United States, In and For the District of Arizona, Ms 131, Box 5, F 65, Arizona Historical Society, Tucson.
67United States Circuit Court of Appeals for the Ninth Circuit, Consolidated Case No. 2719. January 8, 1917, p. 26. Campbell Papers, Ms. 121, Folder 64, Arizona Historical Society, Tucson.
69Cornelius C. Watts, et al, vs. George W. Atlinson, et al. Writ of Possession and Action in Ejectment. District Court of the United States in and for the District of Arizona. Campbell File, Ms. 121, Folder 60, Arizona Historical Society, Tucson.
70Complaint of James E. Bouldin, et al, vs. Benedito Castro, et al., op cit.
71James E. Bouldin, et al, Plaintiffs, vs. Joseph V. de Aguayo, et al., Defendants. Amended and Supplemental Answer and Cross-Complaint. U.S. District Court of Arizona, n.d., pp. 4-5. See also James E. Bouldin, et al, vs. Josefa V de Aguayo, et al, At Law, No. 96, Amended and Supplemental Answer, U.S. District Court of Arizona, Campbell File, Ms 121, Folder 60, Arizona Historical Society, Tucson.
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Last Updated: 12-Mar-2007