The New York herald., 1869-08-25

States were subjeor In honor A'u oy ss1e.--
the claims Of grantees under ro,." authority. ana
the same conditions In relation to Sr anish grants az
were imposed by Spanish law were 10 govern the
grants after the cessIon; but after that t.e Ohted
States had full liberty TO apply her own laws 20 ner
In Texas, in California, in New Mexico. In Ari-
zona vast tracts OF rich uuoccuped and unlInprovSu
lands have Tor years tempted tine settler, but upon
application at tue Land Once he Is told that so many
leagues In that locality belong to some Don or ms
heirs, by virtue OF Spanish grant. The titles being
In most cases defective and the boundaries being
undeuned settlers consider the risk too great, and
pass on TO another section. In that way thousands
and even millions OF acres OF our public domain are
ment OF emigration 10 the sections offered and
the best interests OF the state or Territory well
al 10 the trade and commerce OF the United states.
1t is curious to look among the old es OF papers IN
contested grants or ranches and redOndos and
notice the amount OF tan swearing on the witness
stand the ridiculous claims TO title and the almost
absurd arguments IN favor OF some fellow who inl-
agines that he has perfect right to a ranch OF
several thousand acres, because his grandfather shot
squirrels on IL.
n case now at ISSUE broaght forward and advoca
ted by Judge John s. Waits, delegate IN the Thirty
seventh Congress from New Mexico, will show that
the good people IN that section are sharper than
those OF Che Eastern States or that at least some Of
them imagine themselves so.
Don PedrO Armendariz was granted, or assumed
to have been granted tract OF land on the right or
west bank Of the ki0 Bravo or Rio Grand del Nore,
in New Mexico His claim was based upon petition
OF May, 1890, to the Spanish Colonial GOVERNOR
Facunda Melgares Tue application asKeu for pos
session OF unoccupied lands IN the region above
stated but failed to give the bounds OF the desired
grant. Upon this paper Megares lssuSd an order 70
pace the petitioner in royal possession, Dut accord
never issued title. The Mexican government never
recognized the grant, nor did any law or eoict ol
government suostantiae lts Vaa.y n,aca
Armendarlz by virtue Of Melgaies ofaer was p'aceo
In possession In 1920. 80 'Er'- So.
Itake now the. testimony Of two spanlares, wit
""ich Is necessary TO clear certain points IN
o is aSa rrano cattle there i isa
he absnGonea tns tract and has Never sace
it. second he neve non Sn e Il pHse any me uu
Don Pedro diea Hy nm, 'efstanding OF the neigh
boring landowners VINO had as ~ re
the se the tract was consldere. as Seers
Don PedfOS heirs. In 1S4S our nl,n ny yo,dac 70
came along and upon this land 1t was o. 'oo of eT
locate the buildings and military reservaH-. "a
Fort Craig. Inquiry disclosed that Armendafss,'
heirs owned the place. The title was not disputed,
so the heirs obgngly leased r to the United States
government for Ave years rS49 to 1850. at the Ion
was renewed, this time for ten Years, and, probably
with tie United States Oficers provlso was
aaro inserted whereby all buildings erected upon
TO the lessons at the expiration OF the lease. The
lease was rejected by General Jessup then Quarter
master General, but no attention was paid to that
circumstance. The ten years passed and the year
1854 came United States officers IN that region
renewed the lease, stpulating that the buildings,
should be rented from the heirs at 1000 per anntu,
payable In gold. year passed and the rent was
claimed The Quartermaster General referred 1t Ia
the usual way to the Treasury Department for settle
ment. Then came the tug. Title was asked Tor. 1t
was not produced, was lost or had otherwise disap.
peared. The Commissioner OF the General Land
ONCE was called upon to examine the title He dis
covered that there was n0ne Further, 1t had never
been surveyed; never been improved; was mill
tary reservation recognised by the laws OF Mexico
and the United States and belonged 10 the govern
ment, both BY those laws and by the terms OF the
Guadalupe Hidalgo treaty.
The Judge was one VINO eided and did yeoman
service IN the passage on June 81, 1862 OF law
confirming certain Spanish grants among which
was tnis The law was unnecessary as 1t vas In
this was concerned, and 1t has been frequently
limited that its vague language was ruse
to smugse this and similar claims INTO
always that in the determination Of suit arising
in these cases. the courts shall be governed by the
treaty OF Guadalupe hidalgo, the law Of nations,
the laws, usages and customs OF the government
from which the claim Is derived. the principles OF
equity and the decisions Of the Supreme Court OF
Upon applying those conditions to this case 1t fell
before each and every test A long, tedious examina-
ton proved that there was not vestge OF justice in
the claim. The conclusion OF the Land Office de-
cision is as f0ll0ws:-"The absolute right Of the
United States to Fort Craig reservation. then, rests
upon principle too well established even to be dis
law or equity, Is acknowledged by this office as ex
listing thereto in the Armendariz claimants.n
were not dlsmayed. Judge Watts was started again
to the Treasury Department where the government
buildings and $4,000 per & annnms gold. gg were de,
oce since 1888, and IL now about to be decided SUBJ
as foll0ws:-
That the lands and improvements belong to the |
United States
That the lease was executed in defiance Of law.
That the CLAIM Is rejected.
That Judge Watts fee Is a matter upon which he
will do well to consult the heirs of Don Pedro
Armendarlz.