Arizona weekly citizen., 1883-11-24
RIaErs OF TIE PuEpLo OF rucsoN

posted on Spanish law. and the right
 of pueblos and citizens hereunder a
 any attorne in the territory, having ez
 pressed the opinion that the city Of Tue
 son had paid the United States for Ian,
 that already belonged to the pueblo. an,
 mad sold other lands and issued patent
 for the same, which also belonged r
 the pueblo of Tucson, some of ou
 leading citizens requested him to riv
 ais reasons for such belief for publica
 tion' and the following opinion was fur
 aished the CITIZEN:
 Some citizens having requested me (, give some grounds for the opinio,
 which l have privately expressed, as (, the rights of Tucson 10 the land, around 1t, | make thls brief statemen,
 which has received heretofore the AL
 tenilon of the highest tribunals ID Cali lorna, and also of the Supreme Court 1t the United States, and always wifi the same result, that every pueblo m
 dexIco, which passed to the dominion ot the United States. came invested with all its rights, as a corporation. and among them that of owning the lands which either under the Spanish crown. pr under the republic of Me1lcO, 1t had acquired.
 Among the numerous cases that might De cited We have that of Hart vs. Bur- nett, lJ Cal, page 53J. There the ques- lion was. as to what rights had the city of San Francisco to the adjacent lands.
 The case IS somewhat different iu Tucson, for there was a question as to he existence ot the pueblo of Yerba 5uena, under Mexican rule. Here ln Tucson We have a historic chain that the place existed for at least two centuries.
 For the Spanish system to culonize America, there were three forms of de- yelcpment ID colonization. First was the Mission; second, the Presidio, then the Pueblo.
 The mission was governed by the priests; the presidiO by the military; he pueblo by the civil authorities. The lrst two were the embryo pueblo. into which 1t was the design they should eventually develop, as in fact they did develop, and such Is the origin of every sJWu and cIty of the present Mexico.
 All these three political entities had E1at the law called Ejidos.
 The Mexican authorities followed in the wake of the Spanish rule, only that 1t yari' Us times after the independence, and prior Co the acquisition of tLis country hy the United States, they
 polished the missions and Dre-idios as such, and declared them all pueblos. 10 De ruled by civil authorities: they also made every nucleus or twelve families, that chose an alcaide and gave notice of the fact to the proper author Ity, became n pueblo, and acquired by these acts four leagues of land round about It, m such shape as would be ad vantageOuE to the inhabitants. But Tucson had been a pueblo long before these laws, and her rignts Co land were acquired under tue laws of June {. i6S7. and the law Of October lj. l7i3 by which its lands extend 5,G0O varas Ia every direction, counted from the line Of a perimeter formed hy skirting duelirg of the pueblo. And an these bands are to-day the property Of the muuiciDaiit, of Tucson, the claims of tae Unite States nOtwlthstauding which. upon proper steps beinC taken, will be de- clared the proper,y uI Tucson, Co form a source of revenue to Day our iucress- ing liabilities.
 n his i- not intended to make political capital for l aspire c. no office.
 SANTIAGO AISsA.
 This q estIon, which Mr. Ainsa has ll.kei mt, with care, seems e have merit iu il, and u Lis conclusions are correct, here Is a way open to the city of T csou To get back from the goveIu D. ment arge amount Of money wrong fully exacted from the corporation and Of moneys received for ether lands that have been pre-empted or taken up ks homesteads adiacent to the city of Tucson. IT the opinion submitted by Nr. Ainsa is found to be based upon law and the rulings Of courts, Tucson Is dearly enhtled to the land within the limits of the town free of charge from the United states. and to @ large area the town.
 But If the pueblo should lay claim to 10 all of this land without any saving clause to those who have settled upon .he lands, improved # and Uaid thelr money for it. to the Unit d States ID good faith, 1t would result iu unsettling and titles, not only in the city Of Tue son. but to all adjoining lands within the limits specified. This being the case, 1t ! would not be advisable for the pueblo to | go to the full lengths entitled 70 it by | aw. But it could result in no injury to ! .he town or the people for the pueblo to 1 lay claim Gpon the government and if possible secure a return of the amount 1 originally paid-out by the city for that portion lyng within the corporate l imits of the city, and fir all amou9ts ! pad by settler, for land within the al- l eged bounds of the pueblo of tucson, ! which would be about as follows. For amount paid for lands gsltHin the corporate hmItz of Iucson hy the cor Ancunt to b5 relurIed for lands pad Tor under 1hrh mestead and prs-empuou
 Value Sf iaads that would e me t5 jhe lueh.u. within tle four leaE1es--ay-- 5uo l Total -SI5.J'J
 This amount would be returned to l the city of Tucson, if the suit should i be- decided in favor of the pueblo, aud l. To that extent the CITIZEN will favor the prosecution of the case. But we do not believe 1t would be advisable 10 unsettie l titles either ID the city of ucson nor