Year: 1876

was issued to the owners of the lands
thus confirming the Mexican title.
The natural inference would be that
the genuineness of the Mexican title,
confirmed by the United States, to the
land would be at once and forever set
tied. But for reasons which we shall
endeavor to set forth such is not the
case. Our government confirms the
grant of the Mexican government on
the assumption that the Mexican deed
is genuine and that no more acres or
leagues are sought to be held under
that deed or grant than it was the pur-
pose of the power making it, should
be held. The United States govern
ment claims the right to correct its
own errors and when it is found
that a counterfeit or fraudulent
grant has been confirmed as
genuine, the government sets
aside its patent and reopens the case
for investigation. 1t then devolves on
the claimants of the grant to prove
the genuineness of the Mexican deed
on which the United States patent
was issued, or failing in this, the land
reverts to the government and be-
comes subject to pre-emption and
entry by the same process that gov
ernment land becomes the property OF
private individuals. A similar course
is pursued when the evidence is salts
factory that the government patent
has been issued for more land than
was conveyed by the Mexican grant.
The patent is set aside the case re-
opened and all land not embraced
within the number of leagues named
in the Mexican grant reverts to the
government. If these are the premis-
es the conclusion is inevitable that
unless the Mexican grant is genuine
and no more land is claimed than it
covers, the United States patent does
not warrant undisputed title. So long
as our courts claim and exercise the
right to correct their own errors and
continue to reverse or set aside decis-
ions when it is found that they were
based on an error of judgment or false
or misunderstood evidence, the only
guarantee of sound title to a Mexican
land grant is in the genuineness of
the title and the proof that nothing
is held beyond the limit fixed by the
deed by virtue of which any part
thereof is claimed. The theory that
it is better not to disturb these grants
even though the eviden ce shows them
to be held under fraudulent titles, or
that they have been expanded beyond
their original limit, is unsound aud
unsafe. To admit its correctness is to
admit that possession no matter how
obtained carries with it the right to re-
tain that false evidence once accept
ed as true must be forever so accepted; ;
that fraud once successful must al
ways remain successful and that
courts have not the right to correct an
error of judgement. III setting aside
its patents issued under msappre-
hension of the facts the United States
Government emphatically denies the
correctness of this theory when ap-
piled to Mexican land gran Is, and as
the precedent is now firmly esta blish-
ed it may be assumed that it will not
be departed from in the adjustment of
these grant disputes in future years.
The genuineness of title and correct
ness of boundary must be definitely
and finally determined before litega-
ton concerning these grants wi
cease. We have maintained that the
sooner these points are reached the
better it will be for the people, the
grant owners and the country. Un-
less there is evidence of defectiveness
the title to no grant will be disturbed.
If such evidence exists the man who
brings it to light and with it quiets
the title to few leagues of land, con-
fers favor on the whole community.
The man who holds land to which be
has not acquired clear title is wrong
ing the people and they who maintain
his right to hold he land without
such title are the alders and abettors
of a fraud on both the government and
the people. A sound title cannot be
disturbed and being sound no evidence
can or will be brought forward to
prove it unsound. An unsound title
is a smouldering volcano that all
know will break forth some day and
all hope the day will soon arrive nd
the worst or best be known. If every
unsound titles could be at once dis
turbed and forever quieted it would be
worth millions of dollars to our State.
If this could be done the clouds that
now hang over the title to so many
thousand rich acres would be at once
and forever dispelled and the people,
the government and the grant claim
ants would come by their own.


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