New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-06-30
THE MAXWELL LAND GRANT.
Mr. RAyARp AND MR.. SPARKS DISAGREE.

Max,co which was lately made the subject OF
report to the Secretary of the Interior by Co"-
missioner Sparks of the General Land once, SHOWS
.ome highly interesting facts. Mr.. Sparks asserted
that the Government had been defrauded III inc
matter Mr. Bayard is on record as differing wholly
from Mr. Sparks, both as to facts and conclusions
Mr.. Bayard in the opinion given herewith sustans
the owners and defenders of the grant III seems
strange that the Secretary of State OF a" helorm
Administration should be record as having found
(. title nerfectly valid which another Department
of the same Reform" Administration pronounces
fraudulently obtained.
The following is Mr. Bayards opinion:
In January 1871, Beauben and Miranda, being
citizens of Mexico made application by petltioh IN quo
form TO Manuel ArmiO, then civil ana military goFeo
:, en-. nsnartment of Territory of New Mexico praying
him To grant to them certain tract OF land yingwith
what was then the County OF Taos commencing oe'o"
the junction Of the Rayado and Red Rivers
The uettion stated the boundaries OF the land prayer
for and the decree of Governor Armo dated January
II 1s4 accompanied ny plat of the property which,
IN conformity with law he conceded an dgranted unto e
two petitioners as the land the elm expressed anu III
order that they might make proper use OF the same INC
peution alleged the intention Of improving the land,
raising sugar and TO establish manufacturers az
cotton and WOOL and raise stock OF every description
In February, 1S43. Beaubien and Miranda preseh1eu
the order and decree Of the Governor WIN the p"e anu
description Of the tract OF land, to COrneho VIGIL JUST
lee
due form of law and usages OF the country to Place the
peoners in former jurdcia possession OF tho entire
tract as described the petition and plat ana 10 pro-
coed to mark and bound by artificial Landmarks inc
boundaries Of entire tract In accordance Win inc
Mai and petton both Of which he certified by placing
thereon his rubrc when he had completed his duty OF
defining the tract of land and placing inc PAL ues III
possession A.,
On the application of one Martinez curate IN the
County of Taos who alleged the ownership OF a Mr.
oftfz oofth he
that the grant inerered with the commons OF pasture
attached 10 certain towns, the Governor Mar i
Tsi,Tarv Isl4 as Governor OF New Mexcol, made
decree sspending the free use and benent oil tne
sion of the by the said grantees; but IN tue otu
Of April folio wing Governor Armo had again been APP
pointed to the Office ana on mp arSr Of II his PREDECESSOR
snspending their possession he submitted tne quer9d
tSsr onnIon 10 the Governor the decree of sus-
pension should be declared null ana voiu anu , t"a s
Beauben and Miranda lie protected ID thelr properly as
having asked for and obtained according 10 law:
And on the lsts OF APRIL IN With the opinion
OF the DeIartmenal Assembly and signed oy tLe Ivs
aa NJ and Miranda were fully authorized 10 establish
their colony according TO the oilers uaue " tncn
they petitionea for the land which had oeen ~
The grant being thus established they resumed pos
sson of the tract it has been continuously occu
MED ever since by them and their asslgns- -,
fi5a,so Mexico ceded tie Territory NewMoxico TO
the United states aud by the ArtcI9 ir S Srevi
ous belOnng to McKee, and Tnc9 s rea Defined
future within the limits OF the u ree re m Where
fhey now reside remove at any Tune 10 the MeAca
Republc retaining the property which they possess III
tie sais rrrtories or dsposing thereof and removing
the proceeds wherever they please wlthDat Oelhs sun
jeced this account to any contribution Tax Vi e"Aso
In july 1854 the United states appointed surveyor
general OF NcwMexicO, and vesedin MN luu authority
10 perform all necessary acts on the premises -,
lie directed to make iul report on ra al sucH
to the United States under the treaty OF C1iuilPS
Hidalgo and denote the various grades OF tite Win
Rfe decs ID
under the and customs OF the country Oeioe
its cession to the led states. 80, -,
HIS report was 10 be laid before Congress- and until the
final action of Congress on shch claims an anc rss
covered thereby reserved from sale OF oinef us
pOsal by the Government ,.,,.so
In september, 1891 the claim OIL Beanpen ana icn
having been set trial before MIN IN July previous ana
sud according 10 The laws and of the Govern
men OF Republic OF Mexico and the decisions Oh ine
OF tuadalupe Hidago and he therefore confirmed tue
grant Beauben and Miranda ana tran nliiea as acUn
general was accompanied by certified copies OF al ue
riiras tasen in the case and was transmitted the
Commissioner OF the General lann ONCE anu a. o,n
i0I Match -. ISIS the private claims in New
Mexico dncIuaing that now nndef oonsid9su1n weT re
referred the appropriate committee Oh the ouSa oi
Representatives who submitted Written report Ia isvOr
of. the confirmation, which, among Other things. tuiy
recognized tue fact that the quaDt! y i3o eiaiuied
was not forth, not even estimated ot n % oi Tue
n was understood by the committee reported
that the claims controlled 10 their '1tsSt VnS ny
natural objects OF boundary. a. ..,....
Of written report ia which some OF the clamf were 10
duced. to the quantity OF lana grahIed; osnefs @
Mexjco ard others fully commented for confirmation Ia
Eew-Mexico-among the latter that oil beauoleh auu
Miranda 49,. o. oore-,,
shoa land claims and Internationally confirmed the
claim No u.s. that Of Beauben and Miranda as recon
Iaepded by the general OF New Mexico and In
The section % restricted two other claims 10
And IN section l. it was provided that the confirmation
aforesaid should only be construct as aut CLAIMS OF
ACCOMPLISHMENTS the part OF the United states ana
shall affect the adverse rights OF any other person or
am of opinion that by this the title OF the United
States these lands rehnqrtshed and the u.e Oh
Beauben and Miranda to ne ssGe eScecng 80 i az
soutey and Internationally confirmed; and can det ec
~ ~ r empInycd This act of Congress was act
of agency subject criticism control because Of hs
Sovereignty, tie policy or mporcy OF which may be
questioned but not The power 20 execute so had been
passed by the Congress prior to the treaty win
been conclusive confirmation Of title tine granteesi
II should be objected tlat un9eI lne Noon, u
laws OF Mexico of 1924 and the sab,cqu@nt regnla'ons
Of 1928 power OF Mexican territorial Governors was
expressly IN resPee 70 the 10 an
Miranda icing far more than eleven leagues 10 each tno
maximum quantity Of land authorized to be granted D
The laws of 1924 was valid only pro tanto, and invad
as 10 the excess Of land contained within the boundaries
OF the tract described in the petition pat ana suoso
quent proceedings 1t seems to mo sufficient answer
that these facts were all within the nowedge or open
And aad been possession Of their officials and OF ecor
In their departments at the time and previous to the
fS,s or restrictions could have been impressed upon
their OF confirmation and quit claim bat as no fraud
OF facts been suggested on the part OF
the grantees the act Of Congress one OF uncondl
OF the grants previously made ana
as equivalent in law to an original authoza-
tion-
certainly within the power OF Congress TO grant
any puic lands within their jurisdiction, and an act
confirming the right OF possession Is equivalent TO an
original grant, 40 . -
The exact extent OF the power OF the Mexican Cover
nors Territories Is open to question: and proof respect
Ing IL Is CONTRADICTORY but, admitting that limited
10 Ii