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Show ae ae is . | yes e t a ot * ) . : ~ 5 of Brownsville vs. Cavazos Field said: (100 U. S., p. 138), Mr. Justice ‘Previous to the revolution which separated Texas from the Republic of Mexico, Brownsville constituted a portion of Matamoras, which was recognized as @ town in 1826 by a decree of the congress of Tamaulipas, one of the states of Mexico. By the laws of Mexico in force at that time, pueblos or towns, when recognized as such by public authorities, became entitled for their use and benefit, and the use and benefit of their inhabitants, to certain towns and leagues. Spain for lands embracing the site of such pueblos or adjoining territory to the extent of four square This right was held by the cities and towns of a long period before her conquests in America, and was recognized in her laws and ordinances for the lost to settlers, the laying out St of Pe relation to towns and pueblos, and the rights of towns and pueblos established by Mexico have been adjudicated by the supreme court of the United States in a number of cases growing out of the act of March 3, 1851, for the settlement of private land claims in California. In the case farming e was to be derive lands and lands from which a revenu e to the use of the residu and for the appropriation of the did not attempt to inhabitants.’ These royal instructionsor towns then in a s pueblo on lands to right any confer Fe had a grant to : e istence. But if the town of Santa puted facts of this undis the d, claime s four square league parties by the other to ed grant land case show that all the four leagues the of s limit the t within no and eer a PPar ia eee wy ee) on on ied ee ere Pe * Led | pk dd “ LAPP pe ee PE Pe oP pe edhe err reeoe - wbeteteetebct ide ee aS eat al As before stated, ded from the decree. exclun shoul ead be aa e the settlers. lands were ever made to d or set apart to the town. ye surve never were es leagu four es to dispose of the land, = The ual title, with full power 5 Wall., mained in the sovereign. ° ‘The Republie of Mexico adopted the laws of Spain in Vie (Townsend vs. Greely, tt, 138 Wall, 388 ; U. S. ed 326-338; Alexander vs. Rowle Burnett, 15 California, 530, vs. Pico, 5 Wall., 540; Hurt r, 566; Brownsville cs Sawye Case, 4 20 id., 480; Pueblo vs. McDowell, 6 Wall., Cavazos, 100 U. S., 188; Grisar p. 53.) 122, Sec. Law, an Mexic Hall’s 379; Government to ensh Spani the of policy the “Tt was \ oD . bad ieNe he i ry ths ineluded OF Peres “ss - PhPR * tees + * Serele J oe eeIPED oe et -@~@ Pb eePertee OOF SSS a FPS% * <) PP fi rar SPEEA pe et POPP ad deel ined sf edt : te ted or ae Pere PhPhd taste a rn ee en atelotens An2 Parer Ce eeBe oS ee = MOO ES ‘. ’ 7 To and that & A ‘ir ndant-general, the comma State of (It also included New Mexico and the fornia.’ econ “They gave special directions for the Tamaulipas.) new pueblos, declare the of nment gover and nt lishme them four square leagues that there should be assigned to bution of the building distri the for ed provid of land, and seein under Co et 2,* te Die . on page referred to by the learned judge, law ment of pueblos of White’s Recop., provides for the settle thirty heads than less not with ctors, contra by and towns not apply does and to, ed referr before of families, herein Government prior to pueblos and towns established by the case of Townsend to the royal instruction of 17 89. In the delivered the unanivs. Greely, supra, Mr. J ustice Field of the United States, mous opinion of the supreme court of Brownsville vs. case the in meant is what and explains in 1826, which force in Mexico of Cavazos by the laws right to four square gave to pueblos and towns certain ‘The royal insaid: leagues of land. The learned judge t of the town of ishmen establ the for 1789 of ions struct were applicable to all Pitic, in the province of Sonora, within the district ished establ be should new towns which Cali‘The ‘fe ic; b So if the ancient pueblo of Santa Fe was established (Laws of the Indes, government of her eolonies here.’ end vs. Greely, 5 Towns 44; pp. 2, vol. White’s Recop., Wall., p. 363.) 6 ell, McDow Wall., p. 326; Gresar vs 44 - 51.) by the Government as early as 1693, as stated in the opinion of the court, I do not see on what ground the court could presume a grant to it by operation of law to any specific quantity of land. The authorities referred to by the court as sustaining the position assumed by it in relation to towns and pueblos being entitled to four square leagues of land when recognized by the Government have no sort of application to towns and pueblos established by the Government prior to 1789. 219 a Le he CMeve directly by the Government no express grant of land was made, but the appropriation of a quantity sufficient for the purpose of the towns was by general custom or by operation of general laws. The city of Santa Fe appears to have been established in that manner.’ ‘‘The law of Spain in force in relation to the settlement of new towns and pueblos by the Government in New Spain prior to 1789 left the question of the quantity of land to be granted wholly in the discretion of the governor or viceroy. ‘‘Nothing whatever is to be found in the law in regard to any town or pueblo so established being entitled to four square leagues or any other quantity of land by operation of law. (White’s Recop., vol. 2. pp. 47, 48, 49, 50, and MEXICO THE SPANISH ARCHIVES OF NEW Ne THE SPANISH ARCHIVES OF NEW MEXICO Oe al er 218 |