The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-11-30
THE HAsKIN LETTER
THE SPANISH SYSTEM
By Frederic kJ. Haskin.

hacienda" Of five sitios. A lot In
town. called solar" was so
yaras or $50 feet square.
Besides the grants OF great tracts
to individuals on favor or for ser
vices rendered, or an annual rental
or payment OF. composition money.
colonization was encouraged by the
pueblo system. Upon agreement to
settle a specified number Of persons.
"a town site privilege would be grant
ed to an individual who received, in
addition to the town lots within the
limits specified, the local political
rights. including the appointment Of
the alcade and other local governing
officers. One OF the conditions was
that the proprietor should build a
church and grant the power of ap-
pointing the officiating priest to the
crown. The crown also reserved the
title to the public square and to suf-
ficient land for common pasturage
and other Incidents OF communal
life. Provision was also made for
subsequent grants OF agricultural
and grazing lands in such Quantities
as might be required by the proprie-
tor of those who might colonize I'M
der: his direction.
So far as enactment went, the
rights of the native Inhabitants were
carefully protected. Frequent man
datory laws were made that the In
dinns were to have all the land al
lotted to them that they could use
for agricultural or grazing purposes
and in the regulations for taking -
81 He,a
against encroachment on land so al
lotted or on land which was in actual
occupation by the natives, even II
there had been no formal allotment.
This great body Of land laws, GUS
toms and traditions was engrafted
on the wholly diffeernt system of the
United States by the treaty of Quad
alupe Hidalgo in 1S4S and by the
treaty of Mesilla in 1858. These two
treaties adjusted the differences
which had caused the war with Mex
leo and they involved the recognition
by the. United States OF the land titles
having their origin in Spanish grants.
The land affected lay not only in Cal
ifornia and Texas, but in the terri
tories, now the state of Colorado.
Utah, Wyoming, Nevada, New Mexi-
CO and Arizona.
BY the assignment of all public
land within its borders to Texas, the
Questions of land titles in Texas were
removed to the courts of the state.
but for years questions arising out
of the contests between the Spanish
grantees and between persons in
actual possession and Spanish
grantees in the remainder of the for
mer Spanish country filled the United
States courts In many of these
cases, final relief could not be af-
lforded by the courts and 1t was nee
essary TO secure acts of Congress to
clear contested titles and to prevent
an utter confusion OF land interests
in the territories The increasing
number of these cases made some
general action necessary and by the
act of March 8, 1891, a court of pri-
vate land claims was established,
with jurisdiction over the whole sub
.jcct This court was charged with
the duty not only of deciding be-
but also with the duty of ascertain
ing the. nature OF the rights of the
United States with regard to unap-
propriated lands and those which
properly should have reverted to the
crown of Spain, but which devolved
= on the government of Mexico on the
achievement of independence by that
country, and which were transcend
by Mexico under treaty provisions to
the government of the United States.
The original act fixed four years
!, as the life of the court, but 1t was
found necessary to examine the
whole body of Spanish North Ameri-
can land law. including long re-
searches in archives in Mexico and
Spain, and the existence of the court
was continued by successive enact
inert until 1t was finally terminated
by law on June so. 1904. after q
period of more than thirteen years
during which the Spanish title sys-
!, tenn was merged into that of the
UNITED States, so that the remnant OF
Hand affected by Spanish grants and
ito which title has not been confirmed
lin private persons has become a part
/ Of the body Of public land of the
i United States under the jurisdiction
of the commission of the General
Land Office.