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| Subscribed sworn to before me this 12th day of Dec 1884.
[?] Smith, Clerk 2nd Dist. of N.M. |
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| My name is Maria Gallegos y Garcia, 62 years of age, live at Banclas [?], Bernalillo Co Territory.
Q. How long have you lived at Banclas? A. About 20 years. Q. Where did you live before that? A. At Padillas-lived there about 8 years. Q. Where before that? A. At Banclas. I lived at [?] was married there at 16 years of age, and then went to Padillas and went from there to Tajo for 8 years, then to Banclas where I have lived since. |
My name is Maria Gallegos y Garcia, I am 62 years old, and I live in Banclas, Bernalillo County Territory.
Q. How long have you lived at Banclas? A. About 20 years. Q. Where did you live before that? A. Before that I lived in Padillas for about 8 years. Q. Where before that? A. At Banclas. I lived at [?]. I was married at 16, then went to Padillas and Tajo for 8 years, and then back to Banclas, where I have lived ever since. |
| Q. Are you acquainted with a tract of land known as Los Padillas or El Tajo tract, if so how long and where is it?
A. I know the land, have known it about 40 years. It is in Bernadillo. Co. N.M. Q. Do you know its boundaries? If so what are they? A. I cannot tell the boundaries. My husband knows them. Q. Have you ever heard them? A. Yes. Q. By what title or claim do the residents of the tract claim the land? By grant or how? A. By the rights of Diego Padilla and Esteban Padilla-By a grant to Diego Padilla originally Q. By whom has the grant been occupied since you have known it? A. By the heirs of Diego Padilla |
Q: Do you know El Tajo tract, called Los Padillas?
A: Yes, I have known that land for 40 years. It is in Bernadillo County, New Mexico. Q: Do you know its borders? A: No, but my husband does. Q. Have you heard of them? A. Yes. Q: What makes the residents think that they have a claim to that land? A: The land was granted to them from Diego and Esteban Padilla. Q: Who has lived there since you’ve known about it? A: Diego Padilla’s heirs. |
| Q. Are you acquainted with the general reputation among the old residents in that vicinity as to who occupied this tract prior to the time you had personal knowledge of it?
A. Yes; the heirs of Diego Padilla. Q. Have you ever known of any adverse claim by grant to this tract of land against the Padilla grant? A. No. Q. Have you any interest in that grant now? A. No-I have sold my interest. |
Q: Do you know who lived on or owned this land before you knew of it?
A: Yes, Diego Padilla’s heirs. Q: Do you know of any claims against the Padilla land? A: No. Q: Do you have a claim to the land? A: No, I sold my share. |
| Cross-examination
Q. Have you ever seen any grant paper for this tract? A. Yes-I saw the last will of father of Esteban Padilla-his name was Diego Padilla. Q. Did it state in that will that a grant had been made to Diego Padilla for this tract of land. A. Yes Q. Did you read the will? A. I heard it read when they sold to Franz Hunning. Q. How did you happen to be there at that time? A. Because Mr. Hunning came to my house, and it was read there by Franz Hunning and the deceased Juan Torres. The administrator, Juan Torres, brought the will to my house. Q. How do you know that the grant has been occupied by heirs of Padilla and who are the present occupants? A. As far as I know they have all sold out-Before they sold I know the occupants were heirs, because my husband was one and we and Juan Torres occupied it. Q. How much land did your husband have as an heir of Padilla? A. I do not know. Q. By whom was his deed given? A. They divided up among the heirs and he received his share. Q. Who divided the land? A. The deceased Juan Torres. He had the papers for the grant as administrator. Q. How do you know there was no adverse claimants to the land? A. Because no one has any right except those who sold their shares. Q. How do [you] know that all having a right have sold out? A. Because I witnessed- because being brothers we always know. Q. How do you know you are brothers? A. Because we meet together as such. Q. Where is the Jose Sanchez Ranch? A. I do not know. |
Q: Have you seen documentation of the land grant for this property?
A: Yes, I saw Diego Padilla’s father’s will. Q: Did it give the land to Diego? A: Yes. Q: Did you read the will? A: I heard it read when the land was sold. Q: Why were you there? A: Because the will was brought to my house to be read. Q: What makes you sure that the Padilla heirs lived there? Who lives there now? A: As far as I know they have all sold their shares. I knew that they owned the land because my husband was one of the heirs and we used to live there with Juan Torres. Q: How much land did your husband own? A: I do not know. Q: Who gave him the deed to the land? A: They divided the land amongst the heirs. Q: Who divided the land? A: Juan Torres. Q: How can you be sure that there were no other claims to the land? A: Because it belonged only to those who sold their shares. Q: How do you know that all shareholders sold their shares? A: Because I saw it happen and they are my brothers. Q: How do you know you are brothers? A: Because that is how we treat one another. Q. Where is the Jose Sanchez Ranch? A. I do not know. |
Maria Gallegos y Garcia Testimonio (“Land Grant Records” Reel 27, SGR no. 146, 102, El Tajo grant, Spanish Archives of New Mexico I, 1685-1912, New Mexico State Records Center and Archives, Santa Fe).
Background
At the end of the Mexican-American War in 1848, Mexico surrendered about 900,000 miles of territory to the United States. This territory included present-day Utah and Nevada, and parts of New Mexico, Arizona, and California. The Mexican and Indigenous people who lived in the surrendered territory suddenly found themselves under the jurisdiction of the United States government. Adjusting to this change in status took decades.
One of the major differences between U.S. and Mexican law in the 1800s was that married women in Mexico could own and inherit land. In most cases, Mexican women allowed their husbands to take over the management of their lands when they became part of the U.S. But some women asserted their claims with state and territorial governments.
About the Document
Mexican landowners who lived on lands surrendered to the U.S. after the Mexican-American War had to prove their claims to their lands to the U.S. government. The records of their interviews with U.S. government officials are called “testimonio.” This testimonio was conducted with Maria Gallegos y Garcia in 1884. As a former landowner, she was a critical witness in a case where white settlers were trying to take the land of Mexicans.
Vocabulary
- Mexican-American War: 1846—1848 war between U.S. and Mexico over control of lands along their shared border
Discussion Questions
- Why does Maria Gallegos y Garcia need to prove that she owns her lands?
- What kinds of details does Maria Gallegos y Garcia provide to prove her land claim?
- What does this resource reveal about the challenges Mexican women faced when their lands became part of the U.S.?
Suggested Activities
- Teach this document in any lesson about the outcomes of the Mexican-American War.
- Maria Gallegos y Garcia was not the only woman who tried to maintain her rights after the U.S. took control of the area where she lived. Compare her approach with that of María Ruiz de Burton and ask the students to consider why the women took different approaches.
- For a larger lesson about the way Mexican women were affected by the events of the Mexican-American War, combine this resource together with Life Story: Maria Gertrudis Barceló.
- To learn more about the evolution of women’s property rights in the 1800s, see Coverture and Married Women’s Property Act.
Themes
IMMIGRATION, MIGRATION, AND SETTLEMENT
