How Historical Translation of Spanish Colonial Records Protected a Mescalero Apache Site in Texas
Spanish to English Translation of Historical Evidence for American Indian Law and for Native American Law Cases
Certified legal translation services play an important role in litigation. In a recent legal battle in Grossman v. City of El Paso, 642 S.W.3d 85 (Tex. App. – El Paso 2021) to protect historical sites in Texas, the historical translation of Spanish handwritten colonial archival records from Spanish to English emerged as a crucial element in preserving a newly discovered Mescalero Apache peace camp. The case, led by Professor Max Grossman, hinged on the findings from Colonial Era Spanish documents, which provided new insights into the historical significance of the area. This discovery prompted a call for revised archaeological surveys and delayed the construction of a major city project in El Paso.
Protecting Historic and Archaeological Sites in the United States
The Antiquities Act of 1906 was a groundbreaking law that established the first federal protections for historic and archaeological sites in the U.S. Signed by President Theodore Roosevelt, it gave the president authority to designate national monuments on federal lands to preserve important cultural and natural resources. The Act was a response to the widespread looting and destruction of archaeological sites in the American Southwest, particularly in areas of cliff dwellings of Mesa Verde in Colorado. By making it illegal to damage or excavate such sites without a permit, the Antiquities Act set a precedent for the preservation of the nation’s heritage. It inspired later laws, such as the National Historic Preservation Act and the Archaeological Resources Protection Act and continues to be a vital tool for conserving historical landmarks.
The Antiquities Code of Texas
Additionally, the Antiquities Act influenced state laws like the Antiquities Code of Texas (“Antiquities Code”), which expanded protections for cultural resources at the state level. The Antiquities Code, enacted in 1969, protects archaeological sites and historic buildings on public land. It was created after a 16th-century Spanish treasure ship was looted, causing a loss of historical data. The Code requires state agencies and political subdivisions to notify the Texas Historical Commission (THC) of ground-disturbing activities and modifications to historic buildings. The law also established the designation of State Antiquities Landmarks (SALs) for sites and buildings.
Projects requiring review under the Antiquities Code include construction activities, energy exploration, and work on historic buildings. The THC issues antiquities permits for archaeological studies and modifications to designated buildings. Public agencies must notify the THC before starting such projects, and the THC reviews proposals and may recommend permits or alterations.
Legal Battle Highlights Ongoing Tension Between Urban Development and Historical Preservation
In a significant legal battle over the preservation of historical and archaeological sites in Texas, Max Grossman, an art and architectural history professor, drew attention to critical Spanish-language research in his lawsuit against the City of El Paso. The case highlights the importance of historical documentation, especially in uncovering the legacy of indigenous and colonial interactions in Texas.
The Antiquities Code, part of the Texas Natural Resources Act, mandates the preservation of historical, archaeological, and cultural sites across the state. It offers citizens the right to seek legal action to stop violations of this policy. Grossman took advantage of this provision when he filed for injunctive relief, claiming that the City of El Paso, Texas, failed to properly account for a newly discovered Mescalero Apache peace camp, located in an area planned for a multipurpose performing arts and entertainment facility. He argued that the city did not conduct a proper survey of the site’s archaeological significance, thus risking its destruction.
While the City of El Paso maintained that its survey was adequate, the Court of Appeals for the 8th District of Texas ruled in Grossman’s favor, affirming his right to seek a temporary injunction under the Antiquities Code. The court instructed the City to halt the project until a comprehensive archaeological survey was completed.
Historical Translation of Spanish Records from Colonial Era
A turning point in the case was the introduction of Spanish to English historical translation of the new evidence from Spanish colonial records. Grossman’s attorney submitted a letter to the THC, citing research from historian Mark Santiago’s 2018 book, A Bad Peace and a Good War—Spain and the Mescalero Apache Uprising 1795-1799. Santiago’s book, based on Spanish-language archival records, revealed the existence of a significant Mescalero Apache peace camp near the proposed project site, offering a fresh perspective on the historical importance of the area.
The Spanish-language sources provided by Santiago’s research shed new light on the indigenous presence in the region during the late 18th century. These Spanish records, often overlooked or misunderstood, are crucial for understanding the interactions between Spanish colonial forces and the Mescalero Apache Tribe. The peace camp discovered through this research played a pivotal role in negotiations between the two groups, marking a period of fragile truce amidst ongoing conflict. The documentation of this peace camp in the Spanish Archives added substantial weight to Grossman’s claims that the site held irreplaceable historical value.
Professor Argues City’s Original Survey Inadequate
Armed with this new evidence, Grossman’s team argued that the archaeological survey conducted by Moore Archeological Consulting, Inc. was inadequate because it failed to take into account the new discoveries presented in Santiago’s book. The original survey relied on outdated sources and lacked a detailed plan to excavate and preserve artifacts connected to the peace camp. The Spanish-language records revealed that the camp, previously unknown, could contain cultural deposits essential for understanding the region’s indigenous history.
Historians and experts, such as Dr. Romo and Dr. Carmichael, also criticized the City’s survey, pointing out its failure to integrate primary Spanish-language sources and the significance of indigenous terms and concepts. This lack of cultural and historical context raised concerns that the City’s approach to the archaeological survey was insufficient to protect the site.
In response to Grossman’s request, the THC reinstated the City’s archaeological permit but recommended that the City revise its research design to incorporate Santiago’s findings. However, when the City did not adjust its plans accordingly, Grossman filed for a temporary injunction to halt the project until a revised survey plan was developed.
Professor Wins Temporary Injunction Against City
The court ultimately found in favor of Grossman, acknowledging the importance of the translated Spanish-language evidence and its role in the preservation of the peace camp. The court ruled that the City’s failure to revise the archaeological survey to reflect the new findings potentially violated the Antiquities Code and related administrative rules. These rules mandate that archaeological research designs be updated when new information is discovered, a requirement that the City’s current survey failed to meet.
The court granted Grossman’s request for a temporary injunction, halting the construction project until a revised survey plan, in compliance with THC guidelines, was approved. This decision marked a victory for Grossman and for the importance of incorporating historical research—particularly Spanish-language sources—into modern-day preservation efforts.
Grossman’s case underscores the significance of Spanish colonial records in uncovering hidden layers of Texas history. The Mescalero Apache peace camp, brought to light through Santiago’s research, serves as a reminder of the deep indigenous history in the region and the need to protect these sites from modern development. This legal battle highlights the importance of diligent historical research and the power of citizens to advocate for the preservation of Texas’s rich cultural heritage.
As Grossman and his team continue their fight to protect this site, the case sets a precedent for how historical evidence, especially from Spanish-language sources, can play a decisive role in legal decisions related to heritage preservation.
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