The Lincoln County leader. [volume] (White Oaks, Lincoln County, N.M.) 1882-189?, 1884-09-13
SPANISH AND MEXICAN GRANTS

IWOI'Oo vi tllC li'ilN ~ WV ~
publican platform referring to
Spanish and Mexican grants, a lit
tie discussion OF the facts is III or
der.
Many may perhaps suppose that
the declaration referred to was put
IN merely because it has a popular
ring, and that the evil complained
of does not amount to much. -
Now, to start with. it IS true as a
legal proposition, that no grant Of
lands for pastoral or agricultural
purposes from the authorities Of
Spain or Mexico, conveyed to any
one any title whatever to the min
erals which might lie under the
granted premises. Both govern
ments, at all times, retained the
title to all minerals. A discoverer
of minerals, whether without or
a0ithiV the bounds OF a grant, might
" denounce" the same, and by do
ing so, acquired an easement, indie
feasible, for the time during which
he continuously worked the mine,
and no longer. By the treaty Of
Guadalupe Hidalgo, and Mr. Gads-
dens. the United States bound it
self to respect and maintain then
existing legal rights to property
within the limits Of the territory
ceded by Mexico. 1t did not bind
itself to do more than this. II the
present owners Of the ArmendQriz,
Ortez, San Pedro, and other con-
firmed and patented grants, have
any actual title to the minerals un-
derlying their respective properties
they did not acquire it by virtue Of
any grant from the Spanish or Mex
ican governments, or of any treaty
between this country and Mexico,
but by virtue of an absolute gift
from the government Of the Unit
ed States. We assert that such a
gift was not intended, and that
being without consideration, ex-
press or implied, past, present or
future, it was such gift as neither
the executive or Legislative author
tiles were competent to make, and
nothing will induce our final acqui-
esence i'll the contr.,.y view but a
decision directly in point from the
court Of final resort. Legislation,
such as is demanded from Congress,
can set the matter at rest, so far as
the unpatented properties ale con
cerned, and can greatly facilitate
the judicial construction of the eft
feet Of patents already granted.
Enormous bodies Of lands not in
cuded within the original grants,
haYe been surveyed into them, and
| patented under the original claim.
The recent decisions OF Mr.. Justice
Brewer, Of the L. S. Circuit Court
of Colorado, is in point hereln.-
Enormous bodies Of public lands
are withheld from settlement be
cause covered by the "claims" OF
pretended grantees" who have
/ mot been able to show Il scintIlla OF
trustworthy evidence in support OF
any grant. In Soccrro County a
body Of about 1900 square miles OF
agricultural, pastoral and mineral
lands are withheld from settlement
because claimed" by parties who
have never been able to show q
scrap OF reliable evidence to sup
port any grant t. themselves OF
their ancestors, or to the ancestors
of anybody else. The matter ha,
been before Congress almost con
tinuously for nearly thirty years. -
1t remains there. Several great
mining camps, an important city
and large settlement exist within
the lines Of this "claim." Be
cause of its existence, fraudulen
and baseless though it unquestion
ably is, no title can be given to tn,
millions Of property involved, no
is there "A prospect of any rGmed,