# Hayes v. United States

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## Dissenting Opinion

    Shiras, Jr.
United States Supreme Court
170 U.S. 637
Hayes v. United States
This action was begun by appellant, Hayes, to obtain the confirmation of an alleged complete and perfect title to a tract of land of the area of 130,138.98 acres, situated in the county of Socorro, territory of New Mexico.
In his petition, Hayes averred that his alleged title was derived by mesne conveyances through one Antonio Chavez, to whom, on March 3, 1825, while the land was a part 'of the public domain of the republic of Mexico,' a grant was made of the tract in question by the governor and departmental assembly 'of the territory of New Mexico.' The exhibits attached to the petition, however, show, and counsel for the appellant admits in his brief, that the correct designations of the officials intended to be referred to were, respectively, the 'political chief' and 'territorial deputation.' The testimonio furnished Chavez, as translated from the original Spanish, is reproduced in the margin.
The juridical act evidencing the delivery of possession was read in evidence from a dulycertified copy of the record thereof made on the records of the probate court of the county of Socorro, and is also reproduced in the margin.
It was averred that, after receiving possession as aforesaid, Chavez resided upon and cultivated the lands, and held and claimed the same as his private property in 'fee simple absolute,' free from all conditions or charges, 'occupying the same openly, continually, notoriously, peaceably, and exclusively' until his death, the date of which is not stated, when his widow succeeded to the title, and similarly possessed and occupied the tract until October 26, 1850, 'when she duly conveyed all and singular the said tract of land upon a pecuniary consideration to Rafael Luna, Anastacio Garcia, and Ramon Luma.' Similar allegations as to possession, claim of ownership, and cultivation were made concerning the subsequent conveyances in the claim of title.
It was averred that two reports upon the Chavez grant-the earlier favorable, the other unfavorable-were communicated to congress by surveyors general for New Mexico; and it was further averred that, prior to the making of the second report, a committee of the house of representatives reported back to that body a bill to confirm the claim, with a recommendation that it pass as amended. What, if any, action was taken thereafter by congress, is left to conjecture.
It was also averred that the grant had been correctly surveyed by the United States, under the direction of the surveyor general for New Mexico, and a map showing the extent and boundaries of the tract was filed with the petition. About 20,000 acres of the land lying in the eastern portion of the tract delineated on the map was formerly appurtenant to the towns of Socorro and Sevilletta, referred to in the report of the political chief set out in the testimonio.
In substance, the answer of the United States averred that the grant to Chavez was void for want of authority in the granting body, and, further, that, if the grant was valid, the survey did not correctly show the western boundary, and the area of the tract was much less than was claimed in the petition.
The government also denied that the land granted was possessed, cultivated, and occupied by Chavez and those claiming under him, as averred in the petition. An answer was also filed on behalf of the Atlantic & Pacific Railway Company, in which it set up title under its charter to odd-numbered sections of land within the limits of the premises described in the petition, and prayed that the petition of plaintiff be dismissed as to such sections.
Testimony was taken in the cause, and, after hearing, the court of private land claims entered a decree rejecting the grant, and dismissing the petition. An application for a rehearing having been refused, an appeal to this court was allowed. The transcript of record contains a stipulation on behalf of the United States, admitting that on the trial 'the petitioner proved sufficient proprietary interest in the subject-matter of this litigation to enable him to present and prosecute his petition herein.'
John H. Knaebel, for appellant.
Matt. G. Reynolds, for the United States.
Mr. Justice WHITE, after making the foregoing statement, delivered the opinion of the court.

## Notes

* ↑ Testimonio.
* ↑ For all these reasons and many others, which I omit, in order not to trouble your excellency, I am of opinion that the petition of Antonio Chavez may be acceded to at once, to which the people of the settlements aforesaid will make no objection, unless some peevish person or other enemy of the welfare of his fellow creatures should unjustly persuade them with pretexts which never lack against that which is not wanted. This is what I can report to your excellency in compliance with what was resolved, and in accordance with the practical knowledge I have in the matter. God preserve your excellency many years.
Santa Fe, 25th of February, 1825.
Bartolome Baca.
Session of the 3d day of March,1 825.
Book two of the journal of the most excellent territorial deputation of New Mexico, on the 43d page thereof, says the reading of two reports was proceeded with, which his excellency the political chief then presented upon the petitions of Antonio Chavez and Pedro Jose Perea for lands; and this honorable body, being advised thereof, resolved that there be adjudged to the two individuals the land they ask, filing in the office of the secretary of this honorable body the original expedients, as is provided, ordered, and customary in similar cases, and furnishing the parties interested the corresponding testtimonio, which will serve them as title, and with which Antonio Chavez will present himself to the alcalde of Socorro, that he may place him in possession, and Pedro Jose Perea to Juan Esteban Pino, Esquire, for the same action.
This agrees faithfully and legally with the original, from which, as due testimony and by direction of the most excellent territorial deputation of New Mexico, I have taken the present copy, of which there has been furnished the parties interested the corresponding testimonio, which will serve them as title.
Santa Fe, March 5, 1825.
Juan Bautista Vigil, Secretary.
(Vigil's Rubric.)
Fees for all that has been done, twenty dollars.
I, Juan Francisco Baca, citizen and constitutional alcalde of the jurisdiction of San Miguel Del Socorro, under the authority conferred upon me in the premises, proceeded on the twentieth of April of the year one thousand eight hundred and twenty-five to place in possession the citizen Anto. Chavez upon the land that he applies for; and in obedience to the order which, under date of the 5th of March of the said year, said Chavez, a resident of the district of Santa Maria De Belem, presented me, borne upon the grant he exhibted to me from the most excellent provincial deputation of this territory of New Mexico, with a report of the political
chief, which accompanies said grant, directing me to proceed to place Chavez in possession of the land he asks; in consideration whereof, I should proceed, and I did proceed, with two aldermen of this ayuntamiento, and two residents of this district, to whom I caused to be exhibited the order and the grant, the former being Anselmo Tafoya and Marcos Baca, and the latter being the citizens Jose Lionicio Silva and Augustin Trugillo, and, as such alcalde, did place the citizen Antonio Chavez in possession on the said land which he applies for, performing the ceremonies the laws require of me, assigning him for landmarks on the north, where the small tableland of the Alamillo begins; on the east the Del Norte River; on the south a small forked cedar tree in the middle of the bend of the Pablo Garcia ranch, commonly so called, this little cedar being on the same side with the main road which is traveled toward said Socorro, on the side of the meadow; on the west the spring known as the 'Jara Spring.' As alcalde aforesaid, in pursuance of direction, and in virtue and in form of law, I took the said Chavez by the hand, and led him over his land, and he, in observance of the customary ceremonies, shouted, 'Long endure the nation and our independence, and long live the sovereign,' and he shouted and plucked up herbs, cast stones, and they praised the name of God, and by authority I left the party interested in peaceable possession; and I, under the authority which is conferred on me, authenticated and signed this, with two witnesses in my attendance, to which I certify on said day, month, and year.
Juan Francisco Baca.
Attending: Vicente Silba.
Attending: Julian Orcana. (X.)
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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