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Show ) THE SPANISH ARCHIVES OF NEW MEXICO ¢ had a lawful right to make perfect had the territory not been acquired by the United States.’ It will be seen that this court can not confirm any imperfect or incomplet e Go Facsimile of Signature of Captain Roque Madrid, re-conquistador. Facsimile of Signature of Don Nicolas Ortiz Nifio Ledron de Guevara, re-conquis- title which the claimant would not be entitled to have ae made perfect had the United States not acquired the territory. Now, as I have shown, the supreme court of the United States has repeatedly held that the title acquired to four square leagues of land by a grant to a pueblo or town is an imperfect one. It follows necessarily that this court has no power to confirm such a title. It is true the right or easement in the land acquired by a pueblo or town may be conferred by a perfect grant to such right or easement, but under the law the right may be terminated at the will of the sovereign, and such right terminated at the date of the transfer of sovereignty, as was held by this court in the case of pueblos Zia, Santa Anna, and Jemez vs. The United States, decided at a former term. For some reason congress did not confer power on Facsimile of the Signature of Captain this court to convert, by decree of confirmation, easements and usufructu Re ary rights given by the Spanish and Mexican governments to pueblos and towns in large tracts of land to be used for the benefit of such pueblos and towns and the inhabitants thereof during the pleasure of the : “ ’ 91 Alphorsso ‘aS Rael Ls 1 ( le » ena Sovereign, into indefeasible estates. There is one other question in the cause which seems to me conclusive against when the Spaniards ee ee Don Suan Possession of it, but it has been the capi tal of New Mexico de Ulibarri, bye: ) a oe a since the year 1640. ate was recaptured SSSA by the Indians in 1680, the principal buildings burned, and the whit es driv ar a 3 Ey EJ * a ee ae es © © 2 © © ee a ee. A i ee a en ne es allaa aia | en out. The town was recaptured by the Spaniard s in the year 1694.’ (Lhe American Cyclopedia, vol. 15, p. 619.) “The court confirmed the supposed gran t to all the lots the said ‘a patm? > Sion: Pacsimile of Signavure‘e de Leon, Governor of A i$ ° General . ¥ > Don a9V¢ and Captain-General, go Y nwrema 7 até de Vargas Zapata Diego i 9 1691-1697, 1703-4. Lu) ian e*? * « , oe held in Ponce :i i we Se ee ee eee * a C7 oe > C3 a now ere ee of land, | ek ee leagues * four Square er ar Por eee: Oe within Pe. ee a of Captain OREO. took eae in, ee ae Pe. eee * * * * Lad Mi ek ee See ek e il lS Pe of Signature Sd cen known Facsimile (?) it was a populous In- ee oe It is not a a: vis- es ee pueblo, first. ee a dian Spaniards OO ited Santa Fe in the year 1542 the ee 44, 45, and 4. ) informs that ‘When a ee heel nti ‘History Ps the claim made in the petition to four square leagues of land. The laws of Spain and Mexico granti ng lands to new pueblos and towns settled by Spania to Indian pueblos and towns nor to old rds do not apply pueblos or towns taken possession of by Spaniards. The law prohibits Spaniards from in any way interf ering with the lands, towns, or pueblos occupied by Indian s. (White’s Recop., vol. 2, pp. *> 224 a |