Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-04-28

to the general law of therepubic as to the
laws of the state in this behalf provided,
Art. 4. All lands whatsoever held I'M
der legal titles that may be included
within the limits designated in article first
shall be respected by the colonists who
hold under this contract, and it shall
be obligatory on the part of the empire
sarios to see the observance of this clause.
Art. 5. The state retains to itself the
right OF property over all the surplus
lands which shall remain OF this grant
after laying off those which belong to the
and their settlers according
to the laws in that behalf provided.
Art. 6. In conformity with article 8
of theilaw on colonization hereinbefore re-
ferred to the empresarios are bound to IN
troduce the stipulated number OF 200
families within the term of six years,
which shall be computed from the date
hereof, under the penalty of being debar-
red from all the privileges and advantages
afforded by the said law.
Art. 7. 1t shall be obligatory on the
empresarios not to introduce or suffer to
remain in the colony men guilty OF afro
cious crimes or OF bad conduct as also to
endeavor that no person whatsoever shall
carry on traffic in arms and ammunition
with the barbarious tribes OF Indians in
exchange for horses and mules.
Art. 5. Whenever there shall be q
sufficient number of men, the national
militia shall be duly organized and regu'
lated according to the laws OF the state IN
that respect provided. ,
Art. 8. The colony shall be regulated
bv the persons whom this government
shall appoint to allot the respective set
Elements or possessions, and he shall
duly observe the laws on colonization in
force throughout the state, the general
law OF the 18th of August, 1924, and like
wise the instructions to commissioners
which have been appointed by the hon
orable congress, taking care to afford pro-
lection within the limits of the colony to
such persons only as shall be approved
of by the said empresarios.
Art. 10. All official communications,
instruments, and other public documents
emanating from the colony must be
written in the Spanish language.
Art. IL. In reference to all matters
not provided for or expressed in these
articles, the empresarios or the new set.
tiers holding under them shall abide and
be governed by the federal constitution
and the laws of this state.
And has excellency the governor OF the
state, as also the citizens Jose Manuel
Royuela and John Charles Beales
having agreed in the articles Of this con
tract to grant and bound respectively tt
the observance and performance thereof
afterwards signed the same before me
the undersigned secretary Of this govern
ment.
And having been directed to give thu
empresarios this certified copy of all thu
documents relating to the grant, that the.
NAV serve them as security and as forma
| title Tor as title in form) thereto, tn
original will, according to law, remain
fled and recorded in the secretary's offic
under my charge.
| Dated, city Of Leona Vicario, the 14tl
day of March, 1889.
i (Sigped) JOSE MARIA DE LEToNA.
JOIN CHARLES BEALEs.
JOSE MANUEL RvYUELA.
u SANTIAGO DEL VALE, Secretary.
j The foregoing is copied from the origin
al documents filed and recorded in tn
secretary's office under my charge, whenc
it was ordered taken by his excellency tn
governor. ~
City Of Leona vicario, the 18th of March
J 1882.
u (Sigued) SANTIAGO DEL VALE,
Secretary
. Tie bill in this case was filed Januar
20. 1888. After some Introductory mat
, ters, it set out with much particularit
: the various proceedings had in the ma
tsJsnf the. grant Of Beaubien Mirand.
ent to the treaty OF Guadalupe Hidalgt
by which the territory was acquired b
the United States, up to and includin
the acquisition of the grant by the defent
ant, substantially as they are detailed i
the Maxwell land grant case, 121 U. s
1926, and averred that that grsnt, bein
ali alleged empresario grant, was abso
lutely void, because at the date it wa
made there was no law of Mexico in eS
istence under which there was any al
thority for it. 1t then set out, with eaus
precision, the various proceedings had i
relation to the alleged empresario gran
) to Beales and Royuela, and the variou
mesne conveyances by which the plain
tiff became possessed Of it. The amend
ed bill averred that the Mexican govern
ment, by sundry and divers official acts
, (Which are set forth and described, rec
ognized that Beales and Royuela, by vii
: tue of their enpresario contract, had th
title in fee to the lands in questions. |
then averred that the plaintiff and and it
tenants were in the exclusive possession
of the premises in dispute, aud that tn
defendant had never been in possession
of them. One of the official acts of TIN
Mexican government referred to was sail
to be the following order made by tn
J president of the Republic of Mexico
dated Mexico, July II, 1886, addressed t,
Beales: "His excellency the presiden
ad interim has been advised of the Judi
cious and circumspect course which yo,
may have taken in employing your infiu
ence to allay the disturbances which hay,
broken out and to sustain order and tn,
obedience due to the general government
and in correcting public opinion through
the medium of the newspapers in thu
United States of the north, and his ex
cellency, being satisfied with this and thu
like proceedings on your part, which arr
such as belong to good citizen, has di
rected me to return you thanks, as an &C
knowledemeat for the same, and to re-
quire that you will continue in the mos
effectual manner in your power your gooc
offices in defence of the Just cause
of the nation and to maintain and
impress spirit of order and
peace upon the inhabitants of the
colonial district placed under your charge
and also upon all other persons who NAV
be interested in the benefits which will
ensue from like course of conduct. In
consideration of which services afforded
to this nation in it's present struggle, an
order has been issued by this department,
at the instance of the general in-chief, to
the army of operation to afford pro.
lection to the colonial establishments
of yourself and Senior Edgerton, who
had concurred in the course of proceed
ings which you have taken; and his ex-