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Show 452 LEADING FACTS OF NEW MEXICAN Mexico should be maintained and protected in the free enjoyment of their liberty and property. The treaty of Guadalupe Hidalgo, as originally formulated by the commissioners of the two republies, contained an article recognizing the grants made by Mexico, coupled with a provision allowing the claimants under contracts for the colonization of lands which had not been fulfilled or executed, further time within which to carry out the provisions of the contracts made with Mexico, and to receive their grants of land pursuant thereto. This provision was so objectionable that the entire tenth article of the treaty was eliminated, after protracted debate in the United States senate, when the American government sent other commissioners to present the amended treaty to the Mexican government for ratification.” This commission carried a letter from the secretary of state in the cabinet of the president *! of the United States to the Mexican minister of foreign affairs, explaining the objections to the suppressed articles of the treaty, and stating that ‘‘the treaty provides amply and specifically, in its 8th and 9th articles, for the security of property of every kind belonging to Mexicans, whether held under Mexican grants or otherwise , in the 870 Treaty between The United States and Mexico. Executive Doc. No. 52 (Senate), 30th cong., 1st sess. 871 James Buchanan, afterward president of the United States, in this letter We: 2 4s:..."Po- resbselthts wich grants, and to allow the grantees the same period after the exchange of the ratifications of this treaty, to which they were originally entitled, for the purpose of performing the conditions on which these grants had been made, even if this could be accomplished by the power of the government of the United States, would work manifold ‘*These Mexican grants, it is understood, cover nearly injustice. the whole sea-coast and a large portion of the interior of Texas. They embrace thriving villages and a great number of cultivated farms, the proprietors of which have acquired them honestly by purchase from the state of Texas. These proprietors now dwelling in peace and security. To revive dead titles, and suffer the are inhabitants of Texas to be ejected under them, from their possessions, would be an act of flagrant injustice, if not wanton cruelty. possesses no power to adopt such a proceeding. ‘*The same observations equally apply to such Upper Fortunately this government : Mexico one California. The present treaty provides amply and specificalliny its 8th and 9th articles for the security of property of every kind belonging to — whether held under Mexican grants or otherwise, in the acquired i erritory. ‘And here it may be worthy of observation, that if no stipulations whatever were contained in the treaty to secure to grantees SPANISH HISTORY in New the Mexican inhabitants, and all others, protection in the free enjoyment of their liberty, property, and religion which they profess, these would be amply guaranteed by the on and laws of the United States. These invaluable blessings, under our forms 0 government, do not result from treaty stipulati ons, but from the very nature and character of our institutions. ’’ AND MEXICAN LAND GRANTS 453 acquired territory.’’ For the express purpose of influencing the Mexican government to accept the treaty as proposed, these commissioners were authorized to make explanations respecti ng the amendments as suggested by the United States senate. ‘‘The suppression of the 10th article of the treaty,’’ says a distinguished New Mexican lawyer °72 and authority, ‘‘as original ly negotiated, naturally aroused the suspicions of the Mexican government, and notwithstanding its desperate situation, exhausted by the war, with a hostile flag flying over its capital, and notwithstandin g the solemn assurances of the American Secretary of State, that the 8th and 9th articles contained the most ample guarantee s, that gov- 872 Frank Springer. Address of when president of the New Mexico Bar Association, January 7, 1890. Frank Springer, the son of Francis and Nancy R. Springer, was born at Wapello, Iowa, June 17, 1848. He received his education in the public schools and at the State University of Iowa. He was admitted to the bar in Towa in 1869 and came to New Mexico in 1873, settling at Cimarron, where, on October 10, 1876, he was married to Josephine M. Bishop. He immediately took foremost rank in his chosen profession and has since been recognized as one of the leaders of the New Mexico bar. In 1890 he was elected president of the New Mexico Bar Association, in which capacity he delivered an address dealing entirely with the urgent necessity for the immediate settlement by the congress of the United States, through a proper tribunal, of titles under Spanish and Mexican land grants. The bill which finally became law was drafted principally by him. The bar association attached so much importance to this address that it was printed in full and distributed among members of congress and filed with the land department at Washington. The subject matter of the address produced a profound impression at Washington with the president of the United States and members of congress alike. A direct result was the passage of the act establishing the court of private land claims. As attorney for the trustees of the Maxwell Land Grant Company Mr. Springer achieved his greatest professional success. In the trial of many causes in the courts of New Mexico in Which that company was a party, and in the final determination of the title of the company to the lands embraced within the limits of the grant, as confirmed by congress, decided in favor of the company in United States v. The Maxwell Land Grant Company, his preparation, argument, and t were masterly, calling forth enecomiums of praise from members managemen of the supreme court of the United States. He is the president of the board of trustees of the Maxwell Land Grant Company, whose business affairs under his management and direction have been phenomenally successful. He retired from the active practice of his profession in 1906, since which-time he has given much attention to Scientific study and research. He was twice a member of the legislative council of New Mexico, in which position he rendered the territory great service. Asa paleontologist he takes first rank among scientists in America. He is the author of Revision of the Palaeocrinoidea, 1879-86 (Phila. Acad. Natural Science); orth American Crinoidea Camerata, 1897; Uintacrinus, Its Structure and Relations, 1901; also numerous papers in scientific periodicals. He is a member of the Archeological Institute of America, and a patron of the school of American Archeology at Santa Fé, New Mexico. Through the magnificent senerosity of Mr. Springer the restorations, in part, and many of the Rose 7 Ccorations in the Old Palace have been accomplished under the direction o Dr. Edgar L. Hewett, director of the school. |