The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-26
SETTLED FOREVER.
Hoke Smith Says the Maxwell Land
Grant Case Cannot Be ReOpened.

DENVER, Col, Dec. Ex-Governor Waite
to-day received from Hoke Smith, Sec
retary of the Interior, a long letter in re-
ply to one in which the Governor char
acterized the Maxwell land grant as
"honeycombed with fraud" The letter
acknowledged the receipt of Waite's let
ter, "inclosing a petition by o. P. Nc
Mains relative to that part of the Beau
bien and Miranda, or Maxwell land grant,
situated within the State of Colorado
that the plats of the public survey of the
Colorado portion Of the alleged Maxwell
grant be restored to the local land office
at Pueblo, Col, for filings and entry and
for the enforcement upon which their 0he
sellers) rights depend" The Secretary
says:
Congress, on June q, 1850, confirmed
the Maxwell grant TO the fullest extent of
the boundaries as described in the peti-
ton OF the claimants. In accordance with
sa!Q act of Congress patent was issued for
said land on May 1y, 1879. Suit was brought
In the Circuit Court OF the United States
for the district Of Colorado on Aug. %,
1852, to have said patent vacated and set
aside ana the survey declared void in SO
far as it included land in Colorado That
court dismissed the suit An appeal
taken to the Supreme Court of the United
States, which, on April IS. 1857, rendered a
decision sustaining the court below and re-
fuSing TO interfere with the patent. This
department has no JURISDICTION over lana
after this issue OF patent. Its power over
the land is ended when the patent is issued
and placed on the records of the depart
ment. In this case not only had a patent
been issued, but its validity has been sus-
tanned by the highest tribunal OF the Ma
ton.
however, contends that the act of June
q, 1854, refuses the Colorado portion Of
the alleged Maxwell grant to be treated
as public land because located within the
boundaries Of the Virgil and st. VTain
grant. This contention of Mr.. McaIains is
sufficiently answered by the supreme Court
in its decision in the Maxwell grant case.
If, therefore, the great surplus, which it
is claimed conveyed by the patent to
Beaubien and Miranda, was the property
of the United States, and Congress, acting
in it's sovereign capacity upon the question
OF the validity OF the grant, chose ID treat
it as valid for the boundaries given it by
the Mexican government, II is not for the
judicial department OF this government to
controVeTt their power 10 do So The same
question again arose in the case of the
Land Company, in which the Supreme
we conclude. therefore, that questions
affecting the validity of that grant--that
IS. as TO the authority of the Mexican gov
ernment 70 make it-are no longer open.
The action Of Congress in conrerring 1t
and the subsequent proceedings ain the
Land Department, together with the pro-
ceedingS in the court 10 set aside the pat
ent, certainly settled those questions for.
the grant to Beauben and Miranda oper-
ated to divest the United States of their
rights to the land embraced in the grant
which the country acquired from Mexico
by the treaty of Guadalupe Hidalgo. And
| the only way that that grant Can be de-
| feated is to show that the land embraced
| in it had been previously granted by the
Mexican government to some other per-
| sons
THE language quoted refers, as will be
| more clearly seen by the reference To the
| context 10 the very land located within
| the ont boundaries of the Virgil and St
| Vrain grant, which Mr.. McMaIns contends
should have been restored TO settlement
| and entry If this department were TO
! disregard the conformatory act OF Con-
| greSs and the repeated decisions or the
| United States Supreme Court and restore
to the local office the plats of public sur
| veys OF the grant for filings and entry the
only result would be to Inislead innocent
narties into making entries OF lands 10
| which the department would be wholly
| powerless to convey any title.