Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1892-05-14

which should clear and confirm once Tor
all the ancient titles derived from Spain
and Mexico, it seems strange indeed, now
that congress has seen fit to decide on
and fix The form and proceedings under
which the terms uf the treaty OF Guada-
! lupe Hldalgo shall be carried into effect,
that there should be people here, who
oppose the clearing and confirmation OF
their titles by refusing to present them
before the court, established expressly Tor
the consideration OF these causes.
We believe, however, that the people
will soon wake up from this lethagy.
The publication of two decisions rendered
by the court have served to show the
ability and learning of the Justices OF said
court, and likewise the liberality and
breadth of their views.
We refer in the first place to the decree
in the matter OF the Bernabe Montana
grant, which was confirmed on the 10Th
of April in accordance with the amended
petition of the plaintiff, in spite OF the
brilliant and powerful defense of the U.
s. attorney, Hon. NJ. G. Reynolds, who
seized on every argument which could
avail in dispute of the completeness OF
the title to said grant at the time OF the
acquisition of New Mexico by the United
States, but the court determined against
the United States attorney on almost all
the points brought forward by him and
rendered judgment in favor of the claim
ants to the grant.
Tie second title examined by the court
was that OF the town Of Albuquerque,
presented by Mr.. Frank w. Clancy.
Here also it was perceived on the reading
of the petition, how many doubts could
arise should the court be DESTROYS of put
ting obstacles in the way of confirmation.
Neither amongst the ancient documents
OF the archives nor amongst those known
to be in private hands, do there exist
either the original grant or the act Of
juridical possession, or any of the notarial
instruments appertaining to the act OF
founding said town. Hence the plaintiffs
had to base their claim on multitude OF
/ old papers, which, for as much as they
refer to 1.-The Villa de Albuquerque" were
all that could be presented as proofs of its
existence, whence is deduCed the con-
} sequent right to four leagues Of land,
: which were generally granted to such
, towns villas under the 9th law of the
: 5th title of the 4th book Of the 'Recopila-
! ton OF the Laws Of the Indies" But
: notwithstanding the insuf1iciency Of the
; legal proofs as to the foundation of the
town of Albuquerque, the judges rendered
/ their decision in favor of the plaintiffs
: within a few hours OF the trial Of the
cause.
In view OF the evident good will of.the
court, of its promptitude in rendering
Justice based on the profound study
which the justices have made Of the laws
Of Spain and Mexico, " hich treat of the
titles to land, who can have any hesita-
ton as to the presentation of his rights
to the consideration OF this court? More
especially if it be duly considered that
there are no costs incurred in coming be-
fore it. To present claim in due form,
it is true that there has to be employed an
attorney learned in the laws and proceed
ings, which formed the foundation OF our
grants; but outside OF this there are no
fees to be paid beyond the necessary ex-
penses of copies OF translations OF original
documents, and of citations, when such
have to be made, there being absolutely
no court dues charged on any account.
Further than this, the judges, with the
object OF facilitating procedure and dimin-
ishing the expenses of claimants as far as
possible, are prepared to go to the rail
road points nearest the lands under con-
siderstion so as personally to hear and
examine witnesses, at the least trouble to
these and the grant owners.
we w uOI NlcI W ClOhe WltuOuI
calling the attention to the indisputable
right, which the congress of the United
States PROFESSIONALLY has, Of de-
termining the forms and methods to be
employed in carrying out the terms of the
treaty of Guadalupe Hidalgo. 1t is true
that titles existing at the time of said
treaty have to be recognized by this gov
eminent, but as for how and up to when
they shall be so recognized congress alone
has the power to decide.
These points have been fixed in the act
establishing the said court of private
land claims that is now the sovereign
law on the subject of land grants; and if
the New Mexican people refuse to present
their claims in due form as laid down in
the law, they will have to endure and
abide by the consequences as expressed
in the II section of said act, to wit "That
all claims shall at the end Of two years
from the taking effect of this act THAT is
on the Sd of March, $685. if no petition
in respect to the same shall have been
filled, be deemed and taken in all courts
and elsewhere, to be abandoned and shall
be forever barred"
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