The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-11-30

The feudal system of Spain devel.
oped in Numerically different di-
rection from that OF England and
concentrated property rights in the
sovereign as personal attribute
and not as trusteeship for the COM
mon defense. The pope made a
grant to the crown OF CASTLE in
1924 OF all the lands in America not
claimed by other Christian nations,
Tor the purpose of retaining the
native inhabitants from heathenism.
This grant and the rights derived
from discovery were the personal
possession OF the king. The highly
involved questions Of title which ex-
list or have existed wherever there
are Spanish land grants in North
America are due to this fact, with its
resulting conditions of indefinite rec
ords and frequent changes of policy.
The first grant Of land in the Span
ish possessions were made to the
early explorers with magnificent lib
erality, or. rather, with entire ignor-
ance OF the character of the gifts. In
1925, after the then emperor OF the
Holy Roman Empire, who was also
King of Spain, had come to realize
side OF the Atlantic was really a part
of the work-a-day world. a, supreme
council for the Indies was formed to
represent the person Of the king in
his American affairs.
For the following 800 years, or
or until 1884, the places in this coun-
Gil yielded their holders princely rev.
enues through the exploitation of the
Spanish Americas, whose resources
were sapped for. and whose develop
ment was sacrificed to, the one end
of raising the largest possible imme-
diate revenue.
Under the direction of the supreme
council. the American possessions OF
the king were divided into grand d.
visions, to each one OF which was as
signed an audencia, or subordinate
governing council, headed by vice.
roy. Subordinate officials were pro-
vided for the sub-districts Of each
grand division and these officials
received applications for grants OF
land which were approved by the
,audencia. Under the statute, title to
land could be passed only by the
supreme council. directly represent
ing the king. AS this required not
only the delay of transmitting the
papers to Spain, but very heavy ex-
penses for getting the titles through
the council. a minimum amount OF
land was fixed for which grants
America.
1t also appears that with the tacil
permission of the supreme council
or without its knowledge, viceroys
captain generals and others in au-
thority made grants of land in the
name of the king in excess of the
minimum and during certain perioda
these grants would be allowed to
stand. At crisis In the financial
AFFAIRS OF the king. he would remem-
her his American possessions ant
. stringent enactments would be
passed. invalidating unauthorized
grants and directing the resale Of
the land.
In some instances. the viceroy was
!. given the full power Of the king tc
grant land, but even when the Of
ficer in America had authority t.
establish base OF title. his act was
subject to scrutiny on behalf Of tn,
| king on the ground OF insufficient
3 consideration as result of corrup
tion or might be annulled as inter
. fering with the boundaries OF pre-
! vious grant
The method of securing a lane
grant under the Spanish dominion
was by petition to the official in thu
chief governmental position in III
district in which the land was stu
| ated. The petition required only ,
general description of the land ant
the allegation that it was vacant. L
appears to have been discretionar.
with the official whether he would &C
on the petition at all or whether h,
would prefer a second to the frs
petition. so that question of infiu
ence, possibly corruption, frequentl.
arose at the very inception Of tn
transaction.
The units of measurement wer,
not standardized for two centurie
from the time of the first grants. Tn,
primitive unit of measurement wa
the foot, Appropriated to the aver
age length of the human foot ant
differing in the different provinces
This was divided into sixteen fingers
answering to the width of the finger
of both hands laid twice on TIL
ground. A finger was divided int
three straws or four grains. TIL
next higher measurment was tn
pace of Solomon, equivalent to fiy,
feet: that is. the length of the strid,
with the length of the two feet in ad
dition. The grant unit Of measure
: ment was the league, calculated a
: a distance equivalent to that of al
!, hours travel.
When the measurements had be
come somewhat more standardized
the unit OF land measurement wa
the "vara" of three feet and the par
cells were laid of into different fig
ures according to their uses. Thus, f;
parcel for grazing. "caballeria,
was twice as long as 1t was wide
1.104 varas by $50 varas. A ia
bore" or agricultural plat was 1,O0t
varas square. A town site or pueblo
was 1900 varas square and tn,
grand subdivisions were the "sitio'
of 5000 yaras square and tn,