Arizona weekly citizen., 1886-05-01
PRIVATE LAND CLAIMS.
What all Authorities Worthy of Re,pec; Say the Treaty Requires-Nam.s of Ari-
 zona Claims With Perfect Titles.
OAKLAND, Cal.. Anril 23- 1Ssf-

OAhLAND, Oal, Aprll 23, ISS6.
 ED Probably it would have
 been better to have begun this corres-
 pondenee with succinct statement of
 the requirements embodied m the tres- ties, laws of Congress and U. $ Su-
 preme court opinions, respecting titles
 to lands issued oy foreign SoverDmenis.
 although 1t Is evident that no facts how
 ever uGlmpeachable, will escape being
 gRrbled and mIsrepTe>eDted to the ill., jury of settlers without material dam
 age to owners.
 As printed in the statutes, the Gals-
 den treaty Is incomplete Sec 5 adopts
 and makes part of 1t. Sections $, 9
 l6 and r of the Guadalupe H,daigo
 treaty, and declares they shall b ve the same etfect as II herein again Tee ted
 and set tiorth." Sections g. ani 2. rela.e
 directly 10 rights to property. Section s. declares that property of every knd e
 "shall be inyIolabiy respected"
 The U. $. Supreme Court has aiways
 held that ''the term property as appieo
 to lands, c mprebeDus every species of
 title, inchoaie or incomplete. It is SUD- posed 10 embrace those which lie in con
 tact; those winch aie executed" See
 Soulard, ct al. V. the U. <. 1 Peters, 4II. and numerous other decisions can be cited 10 point, rendered before and after this case was tried. This broad doctrine IS toe settled principle upon which all departments of our government act in the matter of foreign land titles. The same opinion declares, regarding treaty supulatlons touching such titles, that ''tne United States as a just nation" hold such a stipulation "as the Rvogal of a principle which would have been held equally sacred, although IL had not been lnseried ID the trrEty." All opin- ions ID point declare that it Is by the laws, customs and usages of the nation issuing land titles, by which their val idIty Is to be disadvantages and GUS toms equally with the laws.
 Congress has repeatedly enacted laws to the same effect. The Sth sec. of the act of July 22, 1854, requires the Surveyor General of New Alexico to render "bis decision as to the validity or invalidity of each of the same (tities) un6er the laws, usages and customs Of the country before Its cession tO the United States"
 The act Of July l5, 1870, made 1t the duty of the Surveyor General Of Arizona to "ascertain and report 1pon the Ori- gin, nature, character and extent of the claims to lands in said territoJy under .r and Mexico" and practically re-enacted the S.h section of the act of July 22. 1851, relating to such claims in New Mexico.
 All authorities agree that the treaty requires titles 90 be tested by the GUS toms and usages as well as by the laws of tn, government issuing the titles. A careful reading Of hundreds Of reports on private land claims by Senate and
 H0use Committees of congress; scores of L. ;. Supreme court opinions In point: spouGeBce of Attorney Genera.~; by ! the var.ous officers ,f the land depart meEt; and reports of board ot lard com | nls-lOners for CaGfOruIa, hiiss8lg, ali other states, fa'is tp shDg any other rule { or acton or even an exception tO ths rule: SO that wG-l sd-s cDrrg- pom is1ca declared that 'the treaty hy which wC e. quiged AriZ nB, r. GuIres tha. titles based upon the us -gps and cu-tuuss CT Sra- % md Mexico, are to be favu5.rlY c0usiI- cred a. well ag those based upon tne laws of those nat. Ds' ], wss mere ieclsTatIUD, which every aIt45Tiy a' the slightest power n uUr govern meat. mad made time and Gsa5n GGt Ii II were not %, the fpl lUIal grants ur sales n Ariz9nG, vls- made m pur~g -uce CT the "l-s>' co rhe Mexican state of 5pcora. tn, o1a~tI- rutional validity a: D; s ba n-s-r b. au questioned 5y Mexico, aul guds- -ti'b
 Iries So much ot t5e most u-air i4ud ir SguOfa were l-sG I, viz b .a cpmari, Csnoa, EHuacseori and i.a- Csiabazas. Los No-aiss de Elias, Bn-n- V.sla, Soaoita. San Rafael Ge Ztujg. san Rafael de Naile. Sen than de Lo. B 'quIilss and La Ar.O4e- ID tsa cases D C l.bazas and ArihHc, proceedings Utrs aot Eai und"r Spanish lag and authUr- ity. but subsequeI fly the Sonora au- th rities acted cu them aui l-su q titles therefor. These s-veTai eases com within the very exact requirements tt the section uf thr Gaisdel treu-y regard | lug location and ar,hlvs record, and ye' i' | must not be forgotten that the Stl and l q l Httalgo are actual parte of ih5 Gaasieu l Treaty.
 No garbinC. quibbling O. ruan'pula- 1 ton uf language can change tle foregoing facts into falssksod- 1 Any attempt to show them otaerwise. l. | an attempt to belle tLe puh.ic records | of the United States and MeXlco, and to | misl-ad people in Auzoua, | whose interests in any way depend upon | titles to lsnd Issued by Spain or Mexico | The men who undertake such work, are | not to be envled. II their Gtterancss | are believed by interested parties. iE- jury Is the result.
 The same laws, usages and customs | which compelled an approval Of the l grants before named, required that the | title to the "AlgO&ones" lat luma) for | five square leagues, be declared forged | gnd fraudulent; that ihe title to ;he 'ti | SouOri" (souih of Tucs0n) for 3i t8 | square leagues, be likewise declared | forged and not entitled tO approval; | that instead of abOGt seven fquare leagues demanded by the claimants oi | la Aribac," but tvu be approved; that | instead of sixteen or more square leagues | for by interested parties ID | the San Rafael de Zania." but four | were entitled to respect and approval; and so ou with reference to several Of the others whose titles are good. The | game laws which demanded that some | ti,les be declared valid, required that | others he pronounce ] invalid, and winch | entitled the claimants to an exact area ot land debarred them from larger quaC- titles.
 A few other facts are worthy of note iu this connection. The United States may delay a formal confirmation of title to valid claims before rpecIiCd, bat as they are private property with IeTiec tiles, and were so te.oTe We acquired | the country from NeMco. :boy vli re- main perfect titles despite ihe non Hc- tIun of Congress, aGG 8 cpHGrmatfon will give them no grelter degree of periec- ton. Mexico passed to OUT government title to public. not private. lands. No act of Congress can destroy perfect titles issued hy sn''eer government. Among other |. $ Supreme Court eases which furnish wholesome reading m