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Show 470 LEADING FACTS OF NEW MEXICAN SPANISH HISTORY the City of Mexico to El Paso del Norte, and thence up the Rio Grande to its mountain sources— a journey of nearly three thousand miles — bearing the flag of Spain and the banner of the Cross, the mailed warriors going before and the black-robed priests following behind, and with glittering pomp and holy zeal bayoneting, baptizing and benevolently assimilating the natives ‘de las Indias.’ ‘‘The old world has scoffed at the lack of interesting history in America. The history of the Atlantic colonies and Mississippi states has been immortalized by the novelist and poets, like Cooper and Campbell, in tragic and bloody song and story, but the greater romance in the drama of American history, touched upon by the pens of Prescott and the Spanish chroniclers, is spread over the sunlands of the trans-Missouri and Pacific half of the continent, now the graveyard of the mystic Toltec, the golden templed Aztec, the peaceful Pueblos, and the fierce Apaches— the Bedouins of the American Desert.’’ The refiections of the able jurist, seemingly digressive, are most germane to the real genesis of the subject matter presented to and adjusted by the court of private land claims. The territorial jurisdiction of this court was the largest of any trial court ever established by man. The area comprised was larger than the republic of France or the German empire. During the existence of the court the total area of land for which suits were brought and service had on the United States amounted to 30,491,020 acres. The claims confirmed by decrees of the court, which were satisfied by the approval of the surveys made in execution of the decrees, amounted to 2,051,526 acres of land, and the amount rejected by the court was 33,439,493 acres. On the 30th of June, 1904, all of the business pending before the court was concluded.3* 394 Report of the attorney-general, 1904, p. 96. In his Report to the attorney-general of the United States, Matt. G. Reynolds, United States attorney for the court of private land claims, says: ‘‘Annual reports were submitted each year of the business transacted. In many instances, in the decrees of confirmation, the exact area was not specified for lack of official survey, but the estimated area covered thereby was approximately stated in the reports from this office. . . You are also advised that all records, files, and documents that have been in the possession of the United States attorney or assistants and employees from time to time, obtained from other offices and departments, as well as private individuals, have been returned, and not one has been lost or mislaid, The clerk of the court, Mr. Ireneo L. Chaves, advises me that all papers, files, and records in the possession of the court belonging to any other public office of the United States have been returned, and not one has been lost or mislaid, and that. all papers, files, and records in the possession of or the appertaining Territory to of said New court have Mexico and been delivered receipts taken to the therefor. surveyor-general . . It would 0 be AND MEXICAN LAND GRANTS 471 It was ascertained by the court, in passing upon the many cases before the tribunal that quite a large number of grants had been made by officials who had not possessed the legal authority they had sought to exercise, and notwithstanding the fact that these grants had been made in good faith, the lack of authority in the granting officials brought about their rejection by the court. This error arose chiefly from the frequent changes in the constitution and legislation of the government and the great distance of the frontier provinces from the seat of the central government at the City of Mexico; so that a provincial governor would continue exercising his functions for months or a year before he could learn of a change in his authority. This was especially true under Spanish rule, when the ordinances and decrees of the crown, made beyond the seas, could not be promulgated and made known to the viceroys in Mexico until after the lapse of a year or more. Under these conditions many grants, made perhaps a century before the court was established, had existed with titles undisputed by the people and by the government under which they were grant- ed, and in strict equity were justly entitled to be held good, but a rejection was imperative because of the limiting provisions of the act of congress creating the court, which required proof of strict legal authority in the granting powers, and a rigid compliance with law in the form and manner of its execution. The marked ability and efficiency displayed by the representatives of the government, attorneys, experts,®® translators, and other employes had much to a great misfortune if these papers, files, and records should be removed from the Territory where the land is situated. . . The accurate amount of land which has been confirmed, and the surveys approved by the court within the Territory of New Mexico, is 1,934,986 acres, less than 6 per cent. of the area claimed. In Arizona the area claimed was not so large, excepting the fraudulent claim of J. A. Peralta Reavis and wife for ‘La Baronia de Arizonaca,’ for 12,467,556 acres. . . The areas were reduced from 837,679 acres claimed to 116,539 acres confirmed, and surveys approved by the court.’’ A complete schedule or list of the grants decided by the court of private land claims in New Mexico, lists of those appealed and decided by the supreme Court of the United States, together with much valuable information will be found in the Report of the attorney-general of the United States at pages 96- 109 inclusive. court. This was a, final report of the United States attorney for the ‘‘It is but proper that 95 Report of the attorney-general, 1904, pp. 98-9: mention should be made,’’ says Mr. Reynolds, ‘‘of those who have been asso- ciated with me on behalf of the Government, and upon whom I have relied and trusted at all times, and none of whom have I ever found unworthy heglectful of the trust and confidence reposed in them, and to each should accorded full measure of credit for such success as the government or be and the |