Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-07-09
FORT MARCY AGAIN.
An Ancient acknowledgements chi
tivated Land-A Precedent
of Moment.

+. Citizens generally are taking deep in
terest in the matter of the final DISPOSE
tion of the Fort Marcy property. Many
contend that by every question of equit,
the interior department should quit
claim this property to the city of Santa
fe; that, even if it should develop that
Uncle Sam has a perfect right to it, the
conditions here are such as to warrant
the secretary of the interior in taking a
magnanimous view of the question and
turn 1t over to the corporate authori-
ties of Santa Fe.
There is nothing in the historic arch
ives, SO far as has been discovered. that
serves to throw light on the subject of
title to this property. 1t seems, how
ever, to have always been considered
part of the Spanish grant of four square
leagues made to the people of Santa Fe
under the laws of Spain and Mexico, and
included in the grant as accepted by De
Vargas and his followers after the recon
quest. The earliest official record on the
sub iect appears in the proceedings of the
LIST legislative session when the following
memorial was adopted and forwarded to
Washington:
MEMORIAL
of the legislative assembly of the terri
tory of New Mexico to the senate and
house of representatives of the United
States.
Your memorialists represent that in the
city OF Santa Fe there are several small
tracts OF cultivated lands and certain
public buildings, such as the palace, bar
racks, granery and others, the titles of
which are uncertain. as there is no record
of them in the archives of the territory
to prove any legal title to them. Your
memorlallsts further represent that the
titles to said property are vested either
In the government of the United States
or the territory of New Mexico. AS it is,
the difficulty always remains on account
of questions having arisen between the
CIVIL and military authorities, and it is
probable the time is not far distant when
the same questions will again arise.
1t ia true that the civil governor has
used the palace from time inmemorial
without dispute, but it is also true that it
was used by the military authorities when
they were united with the civil. The land,
which is enclosed within the barracks,
was formerly cultivated by the Mexican
soldiers, but it is in the same condition
as the public buildings, without any title
to the property.
In view of this, your memorialists re-
specially pray the congress of the
United States to relnquish to this terri
tory all the right the United States NAV
hold to said property.
Approved July 20, 1851.
Whether any action was ever taken by
congress on the above ia not disclosed in
the official records available here.
by the above it will be seen that as early
Is 1851 the title to this property was in
question. BY the act of confirmation by
me U. 5. land court last year the holdings
II all U. s. property within the Santa Re
'rant was expressly reserved to and title
'ested in the government, but as the
rant case is still pending, now being be-
ore the U. 3. supreme court, the subject
u title remains rs yet undetermined It
you'd be interesting now to know upon
7hat the U. s. bases its claim to this S
property. Possibly when the matter is
uly presented to the interior DEPART
nent, as it should be at once, some fur
her light will be let into the question.
Is said the secretary of the interior f
vested with discretionary powers as to
he disposition of such abandoned mill
sry posts and it may be that the facts
az be put to him In such shape as to
ersuade him of the Justice of Santa Fe's b
aim to this land, for it is alleged that
ort Macklnac reservation, where the n
overnment had expended $2,OOO,00O in =
nproyements, has lately been given to
e state of Michigan. m