Arizona weekly citizen., 1881-12-25
WHAT MEXICAN LAND GRANTS GARRY.

We observe from recent number of Copp's invaluable Land Owner, that tle new Commissioner of the General Land Office. under date of October 9th, in a communication addressed to Mir. ]. Fl. Vaudeville. lays down as the rule of his office. that mineral lands found within the limits of unconfrmed Spanish or Mexican grants in Arizona (and of course elsewherel reported to Congress for ac- tion are reserved from sale and from ex- ploration and locaticl by mineral claim ants. For this rule .he Commissioner finds obligatory authority in the Sth Section of the Act Of Congress Of July 22, 1854, making 1t the duty of the Sur veyors-General for New Mexico, Kansas and Nebraska ito ascertain the origin, nature, character, and extent of all claims to lands under the laws, usages and customs of Spain and Mexico, to make a full report upon such claims, and that such report shall be lald be- fore Congress for such action thereon as may be deemed just and prope-, with a view to confirm bona fide grants and give full effect to the treaty of lS4S be- tween the United States and Mexico. And that meanwhile "aad, until the final actio1: of Congress on such claims, all lands covered thereby shall be reserved from sale or other disposal by the Gov ernment."
 With all due deference to the legal learning of the Commissioner, we are unable to find the same authority in the quoted letter of the Statute which he does. in view, first, of the notorious na- ture of a Spanish or Mexican grant, and Of the equally notorious fact that no one, under Spanish or Mexican laws, can possibly acquire the fee to minerallands; and secondly, because Of Section 23l2 |. $. Revised Statutes also quoted by the Commissioner. which provides that all valuable mineral deposits belong ing to the United States are hereby declared free and open to ex- ploration and purchase
 No well read lawyer in the country can or should be ignorant that a MeSi- can or Spanish grant when issued is not intended to convey the least right to the mineral which may be subsequently, found beneath the surface Of the ground embraced within the limits of such grant. That this is the nature " of all Spanish or Meucan grants Is assuredly known at the General Land Office as thoroughly as that the sun shines by day and the moon by night. It must or should also be known as well that the
 led immemorial |" usage under the spanish or Mexican law is, that any one finding mineral upon land in the BepuE- Inc Of Mexico conveyed by grants, such as have been given to the lands in ques- ton in New Mexico and Arizona, can denounce and set to work to mine the same without hinjrance from the hold CTS Of the surface area. Finally, 1t should be known that these Mexican grants can carry title to nothing more than they must have carried had the territory which they convey remained under the government of Mexco. And as they assuredly did not, when issued by the authorities of Mexico, carry the least 1.- they might be found to contain, as a matter of course such mineral when found, after the right Of eminent domain had passed to the United States, must belong tO the United States, and conse-- quently be |" free and open " the same as other mineral lands of the United States, ' % exploration and purchase " in the manner provided for all mineral lands Of the country.